Richard Chew is joined by Tom Moore, senior fellow for Democracy and Government at the Center for American Progress and former chief of staff to former Federal Election Commission Chair Ellen L. Weintraub. He discusses legislative strategies to limit corporate political influence and bypass constitutional hurdles regarding the Electoral College.
The Montana Plan Initiative
- Moore explains that The Montana Plan ballot initiative seeks to withdraw the power of corporations to engage in political spending.
- The initiative is designed to avoid legal conflicts with the Supreme Court's Citizens United ruling by redefining corporate powers rather than imposing direct restrictions.
- Supporters gathered 50,000 signatures, far exceeding the required 30,000, and the secretary of state has qualified it for the November ballot.
- Potential legal challenges may arise from arguments that the plan violates Citizens United, similar to existing litigation regarding a law in Hawaii.
Mail-in Ballot Legal Challenges
- The Supreme Court has agreed to hear a case regarding executive power as it relates to mail-in ballots.
- Moore expresses concern over attempts to require states to provide voter lists to the Postal Service to restrict ballot delivery.
- He argues that the Postal Service should not act as a gatekeeper for mail delivery based on political preferences.
- He notes that such restrictions could potentially depress Republican turnout more than Democratic turnout.
Corporate Power Reset Strategy
- Moore describes a "workaround" to Citizens United that focuses on state corporate law rather than campaign finance regulation.
- Since states have the authority to define the powers of corporations created within their borders, they can remove political spending from the corporate "menu."
- This strategy aims to make Citizens United irrelevant by changing the underlying statutes that create and define corporations.
- Hawaii has already passed such a law, which is set to take effect in July 2027, and Moore expects interest in 30 other states next spring.
Electoral College Reform Options
- The Electoral College is discussed as a system with origins linked to compromising with slave states and one that does not always reflect the popular vote.
- Amending the Constitution to abolish the Electoral College faces a very high bar involving two-thirds of Congress and three-quarters of the states.
- The National Popular Vote Compact is presented as a viable workaround where states agree to cast electoral votes for the winner of the national popular vote.
- This compact utilizes the constitutional authority of states to determine how their specific electoral votes are distributed.
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