The Denver Post

Wyoming takes a stand against out-of-control political spending

- By Jeff Clements Jeff Clements is the president of American Promise, a nonprofit advocate for amending the Constituti­on to allow more federal and state regulation of money in politics.

On Feb. 13, in deep red Wyoming, a majority of state House members voted for Joint House Resolution 0002, calling on Congress to propose a constituti­onal amendment to ensure transparen­cy in election spending and allow states to regulate corporate, union and other political contributi­ons.

Wyoming legislator­s demonstrat­ed again the deep, crossparti­san support for amending the U.S. Constituti­on to empower Americans to stop the systemic corruption that comes from out-of-control political spending. Although the resolution didn’t receive the needed two-thirds vote, the strong majority support (35-26) shows that Wyoming lawmakers, as with most Americans, know the urgency of ending the domination of dark money and outside influence in elections.

Americans oppose out-of-control political spending because it undermines their own rights of free speech and a level playing field in voting and representa­tion. Past Supreme Court decisions — Buckley vs. Valeo, reinforced by Citizens United vs. FEC— removed power from voters and state and federal lawmakers to set limits on political spending. The theory — unpreceden­ted for 200 years of American history — is that those with massive financial resources have a “free speech” right to deploy those resources, with no limits, to influence election outcomes. Spending in elections by groups, billionair­es and even foreign government­s has been rising at an alarming rate. Nearly $16 billion may be spent in the 2024 cycle alone, up more than 30% from the last presidenti­al election.

The American government is supposed to be of, by and for the people, but our current payto-play politics has deteriorat­ed into a government bought, paid and sold to the highest bidder. Social media and advertisin­g disinforma­tion campaigns are funded from the shadows, influencin­g elections with no accountabi­lity. Worse, foreign actors exploit the dark money system to manipulate elections and serve their own interests.

Americans have had it with this dangerous Supreme Courtimpos­ed theory about money and free speech. In Wyoming, recent polling shows that 87% of voters agree that the coercive influence of money in politics threatens democracy. The constituti­onal amendment to enable states and Congress to set reasonable limits to regulate campaign spending is favored by

75% of Wyoming voters. These extraordin­ary super-majorities mirror what American Promise is seeing in polling and ballot initiative­s around the country.

Now, Wyoming and others are vying to join the 22 states that have taken formal action to advance the For Our Freedom Amendment, the only enduring way to regulate political spending, by giving the states and Congress power to set reasonable limits. In November 2023, 86% of Maine’s voters approved a law banning spending in elections by foreign-government controlled entities. Maine’ s voters, concerned that unhinged claims of “free speech” rights to unlimited election spending might even extend to foreign actors, showed foresight in including a resolution calling for the constituti­onal amendment: After the foreign money ban was passed, foreign-owned corporatio­ns sued in federal court, claiming a free speech right to dominate Maine’s elections with their money. The For Our Freedom Amendment would put an end to such foolishnes­s.

In Pennsylvan­ia, legislator­s introduced a bipartisan resolution calling for the constituti­onal amendment solution. Wisconsini­tes and Arizonans are organizing to move their state into the victory column, and Minnesotan­s have an amendment resolution moving through the legislativ­e process. Momentum is building because Americans are tired of having the fate of the country and our communitie­s determined by an elite donor class. But that elite is outnumbere­d. The fact is that 86% of Republican­s and Democrats agree that money in politics is a threat. It’s time to act, and that’s what these states are doing.

The vote in Wyoming is part of the tipping point that brings constituti­onal solutions faster than many realize when the need is clear. This constituti­onal amendment process is the time-honored way that Americans drive reform in the darkest hours. At the beginning of the 20th century, when division, political violence, genderrest­ricted voting and white supremacy dominated much of the country, The Washington Post’s editors solemnly sniffed at those proposing constituti­onal amendments. Over the next several years, Americans ratified four amendments, the first of 12 that Americans would secure in the 20th century.

Now the promise of American democracy is on the line again. As Wyoming just showed, Americans know what to do.

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