Hawaii’s future elections could put voters back in charge over corporate special interests with the passing of Senate Bill 2471, a landmark state-level response to the US Supreme Court’s Citizens United decision that gave corporations unlimited spending power to influence elections.
Citizens United included corporations and unions under the umbrella of free speech. This decision treated unlimited independent spending by corporations and unions as protected political speech under the Constitution. Since its ruling in 2010, it helped fuel super PAC and dark-money ecosystems that amplified wealthy interests over ordinary voters.
How Hawaii’s SB 2471 worked around the Supreme Court’s Citizens United is by defining corporations as creations of state law, and the privileges the state grants to do business should not include the power to spend money to sway elections. A corporation is not a human being with a conscience, a vote, or a life in our community. It is an “artificial person” created by the state and empowered by the state to conduct lawful business, not automatically include the power to spend money—directly or indirectly—to influence elections or ballot measures.
SB 2471 draws a clear line between legitimate business activity and electioneering. It aims to protect the integrity of local elections. It could also set a precedent for other states to challenge and work around Citizens United. Restoring trust starts with restoring a simple rule: political power should not be for sale to the highest-bidding artificial person.
Senate Bill 2471 is a direct attempt to push back—not by telling anyone what they can say, but by asking a foundational question about who, exactly, gets to wield political power in a constitutional democracy.
Expect a legal challenge
Certainly, if Gov Josh Green signs the bill and it becomes law, there will be a legal court fight. But kudos to Hawaii state lawmakers to not stand by and accept the status quo of Citizens United, but to actively seek a measured democratic test to silence dark money.
If Hawaii can show that state-created entities may be limited to state-granted purposes, it can offer a pathway for other states to challenge Citizens United. Hawaii is not alone in looking for a path around Citizens United.
Measures such as Maine’s 2024 ballot initiative to limit corporate contributions reflect a growing appetite for state-level experimentation. Hawaii is one of the first states to attempt a full legal workaround to Citizens United.
Hawaii lawmakers acted boldly to challenge a national status quo as entrenched as Citizens United.
Harms of Citizens United
At the federal level, Citizens United has been disastrous to democracy. Enormous sums of outside money have been poured into elections to independently (no coordination with campaigns) support or oppose candidates. Since Citizens United, Congress has become far more corrupt as politicians have been forced to work with these mega donors with special interests to fund their campaigns.
After Citizens United, the ability of outside groups to spend unlimited sums made it easier for heavily regulated industries to amplify their preferred candidates who would pass legislation and support their wishes.
It can be argued that super Pacs made possible by Citizens United is why reforms demanded by ordinary voters in heath care, insurance, energy, affordable housing, and so on, have not been able to push through in Congress as big money buys off career politicians in DC.
It helps explain why prescription drugs remain unaffordable, why clean energy progress has stalled, why consumer protections are weak, why banking regulations are laxed and high interest rates persists, why grocery shelves still carry ingredients banned in other countries, and why higher education is exorbitantly priced. It has been easier for war profiteers to influence foreign policy and aggrandize the nation’s military budget. The pattern is familiar: money and power too often outweigh the voices of everyday Americans in shaping policy.
Since Citizens United, studies show that Congress has adopted more corporate-friendly policies.
How SB 2417 will translate into shaping Hawaii’s local policies remains to be seen. Its overwhelming passage shows at the very least Hawaii lawmakers are in favor of limiting special interest in local politics. And more importantly, listening to their local voters who also support fairer elections and people-powered representation.
It’s high time this country undoes this system of influence by the powerful or what really could be called legal corruption. And Hawaii lawmakers sparked a start for hopefully what will be a national movement for state legislatures across the nation to do the same. Well done, Hawaii lawmakers.
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