Hawaii Targets Citizens United with Law Clarifying Corporations Are Not People
The new law will limit the constitutional rights of corporations to make political donations.
Drew Angerer/Getty Images
The new law will limit the constitutional rights of corporations to make political donations.
The state of Hawaii has passed a law that poses a direct challenge to the infamous 2010 Citizens United Supreme Court ruling, which opened the door to unlimited corporate spending in US elections.
Democratic Hawaii Gov. Josh Green on Thursday signed into law a bill that takes aim at the court’s ruling that corporations are effectively people with full free speech rights who can face no limits on what they can contribute to political organizations.
As explained by More Perfect Union, the law, which is set to take effect next July, classifies corporations as “artificial persons” who do not have a constitutional right to make political donations.
“The bill could limit the influence of super PACs,” noted More Perfect Union, “and be a model to challenge the influence of money in politics.”
Democratic Hawaii state Sen. Jarrett Keohokalole, a supporter of the law, said on Thursday he was proud that Hawaii has become “the first state in the nation” to take direct action challenging Citizens United.
“As elected leaders, we do not serve artificial entities,” Keohokalole said. “We serve the people.”
US Rep. Greg Casar (D-Texas), chair of the Congressional Progressive Caucus, hailed the law as “big news” that should inspire opponents of limitless corporate political spending across the US.
“The far-right Supreme Court hijacked the Constitution to let corporations spend in our elections,” said Casar. “But we are not powerless. We can fight back.”
The new law passed despite opposition from Hawaii Attorney General Anne Lopez, who argued that defending it in court could be difficult and expensive.
The law’s passage earned praise from campaign finance watchdogs who have long called for overturning Citizens United and reestablishing guardrails for corporate cash in US democracy.
Michael Beckel, who directs the Money in Politics project for the advocacy group Issue One, said the Hawaii law is a “model for the country” that other states should rush to emulate.
“This measure… is among the most innovative and impactful ideas to curb corporate and dark money spending in campaigns since the Supreme Court’s disastrous Citizens United ruling in 2010,” Beckel said. “Those looking to bring more transparency and accountability to elections should embrace this powerful proposal and follow Hawaii’s lead.”
End Citizens United, the nonprofit campaign finance reform organization dedicated to overturning the 2010 Supreme Court ruling, also pushed other states to look at Hawaii’s law as a roadmap for their own legislation.
“Hawaii has provided a blueprint for how to prevent super PACs from spending dark money by passing state law,” the group said in a social media post. “Let this win be a testament to the ability states have to put power back in the hands of everyday people by neutralizing the effects of the Citizens United ruling.”
Tom Moore, senior fellow at the Center for American Progress, praised the Hawaii law in an interview with The Associated Press, calling it “a brave and bold step to get corporate and dark money out of America’s politics” that “will send a powerful message that will be heard loud and clear across the Pacific and across the mainland.”
This piece was originally published on Common Dreams.
Brad Reed is a staff writer for Common Dreams.
by Brad Reed
The new law will limit the constitutional rights of corporations to make political donations.
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