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Update on Hawai‘i's bold move to make Citizens United irrelevant: AG kill switch is out; final votes on SB 2471 are Friday. This is really close!

Our take

Hawai‘i is on the brink of a historic transformation with SB 2471, a groundbreaking bill that aims to eliminate political spending power from corporations and other artificial entities. This legislation, which received identical amendments in both chambers yesterday, will undergo final votes on Friday, May 8, marking a pivotal moment in the state’s legislative session. By redefining the powers granted to corporations, SB 2471 takes a unique structural approach rather than merely regulating speech, a method stymied by the Citizens United decision. If passed and signed by Governor Josh Green, Hawai‘i would become the first state to implement such reform, setting a powerful precedent for others seeking to reclaim their political landscape from corporate influence.
Update on Hawai‘i's bold move to make Citizens United irrelevant: AG kill switch is out; final votes on SB 2471 are Friday. This is really close!

Hawaii stands on the brink of a landmark shift, poised to become the first state to fundamentally challenge the corrosive influence of corporate money in politics with SB 2471. This bold bill, scheduled for final votes this Friday, takes a structural approach by explicitly denying political spending power to corporations and other artificial entities defined by state law. It operates upstream of the Citizens United dilemma, focusing on the powers granted or required when entities are chartered or seek to do business in the islands, effectively making political spending unauthorized by default. The journey has been remarkable, fueled by dedicated legislators and Hawaii's fired-up community demanding change, and if passed and signed, SB 2471 will take effect July 1, 2027, setting a powerful precedent. Hawaii legislature passes bill to undo Citizens United and Hawaii Legislature passes first-in-nation bill targeting Citizens United ruling capture the significance of this moment.

This move transcends partisan politics; it’s a profound assertion of democratic sovereignty rooted in centuries of corporate law principles that treat artificial entities as creatures of the state, not persons with inherent political rights. By defining the *very powers* Hawaii grants or requires, the bill elegantly sidesteps the speech regulation quagmire created by Citizens United, offering a clean, structural solution that no other state has dared to implement. This is not just regulation; it’s a reclamation of the political process from "dark and corporate money," directly addressing the outsized influence that distorts elections and drowns out authentic voices. It resonates deeply in Hawaii, a place with a unique history of challenging external control and valuing community over corporate dominance, making this reform feel both visionary and deeply authentic to the island spirit.

The implications ripple far beyond Hawaii’s shores. Should SB 2471 clear its final hurdles, it provides an actionable blueprint for every other state and community seeking to reclaim politics from concentrated wealth. While Montana pursues a similar path via ballot initiative, Hawaii’s legislative success would prove this model is viable and immediately impactful, offering a tangible solution to a problem plaguing the entire nation. This isn't just about blocking ads; it’s about fundamentally restructuring the relationship between artificial entities and democratic participation, demanding that power be explicitly granted rather than assumed. As we watch this historic vote unfold, the critical question becomes: Will other states follow Hawaii’s lead and explore this structural path, or will powerful forces seek to dismantle this pioneering effort before it can inspire a nationwide movement towards a more authentic and equitable political landscape?

Update on Hawai‘i's bold move to make Citizens United irrelevant: AG kill switch is out; final votes on SB 2471 are Friday. This is really close!

Big news! SB 2471, the bill that no longer grants political-spending power to corporations and other artificial entities in Hawaiʻi, received identical floor amendments in both chambers yesterday. The bill is now resting for the constitutionally required 48 hours and is scheduled for final votes in both houses tomorrow, Friday, May 8 — the last day of session. If it passes both chambers, it heads to Governor Josh Green's desk.

What the bill does. SB 2471 takes a structural approach to corporate political spending that no other state has enacted. Rather than regulating speech (the path foreclosed by Citizens United in 2010), it operates upstream of that decision by defining the powers Hawaiʻi grants when it charters a corporation, LLC, or other artificial entity, and the powers Hawaiʻi requires foreign entities to respect when doing business here. Political spending is not among the powers granted. The reform treats artificial persons as creatures of state law whose powers the state defines — which is black-letter corporate law going back two centuries — and applies that principle to election and ballot-issue activity.

if signed, the bill takes effect July 1, 2027.

Why this would be historic. Hawaiʻi would be the first state in the country to enact this kind of reform. A parallel ballot-initiative effort is going gangbusters in Montana, but voters there can't speak on this until November. If SB 2471 clears both floors Friday and is signed, Hawaiʻi will set the template for every other state whose citizens want to reclaim their politics from dark and corporate money.

This is the furthest any state has gotten. It has been a remarkable session of work by the chairs, the conferees, the staff, and Hawai‘i's fired-up people, who want to make this change happen.

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#farm-to-table Kauai#Citizens United#SB 2471#Hawaiʻi#political spending#corporations#artificial entities#Governor Josh Green#political reform#ballot issue activity#corporate law#reclaim politics#structural approach#foreign entities#politics#dark money#powers granted#election activity#voter rights#constitutional amendments