The 2024 election is in the rearview. Despite the top of the ticket dominating the news cycle, a down-ballot referendum question about dark money in politics may end up being just as impactful. Citizens in Maine have the right to collect signatures for ballot initiatives that range from legalization of marijuana in 2016 to a failed referendum to repeal the Maine income tax law in 1971. This year saw five more such questions, but none as important as Question One, which sought to limit campaign contributions from individuals, businesses, and political action committees (PAC) to just $5,000. A vast majority of Maine voters – nearly 75% – voted in favor of Question One.

The current structure of campaign finance law prohibits direct contributions to politicians in exchange for any sort of legislative benefit to the donor, known as “quid pro quo corruption”. If there is a possibility of quid pro quo corruption, Congress has the right to regulate such donations based on the 1976 Supreme Court case Buckley v. Valeo. The precedent set by Buckley was that independent speech from an individual in support of a candidate could not be regulated by Congress so long as there is no coordination between the speaker and the candidate they are endorsing. The Buckley ruling combined with campaign contribution limits reduced the likelihood of quid pro quo corruption in our elections. This precedent was shaken by the 2010 Citizens United v. FEC ruling that extended this protected speech to businesses, unions, and most detrimentally, PACs. The Citizens United ruling opened a loop-hole that wealthy individuals and large corporations have been taking advantage of ever since. Instead of offering a candidate money directly in exchange for legislative benefit, which would be a small amount due to campaign contribution limits, a rich donor could offer a candidate a large donation to their PAC in exchange for said legislative benefit. The result of this loop-hole is that large businesses and special interest groups pour money into candidates PACs in order to further their personal or financial interests. This is quid pro quo corruption. Question One seeks to limit the amount of money that can be donated by individuals or businesses to PACs.

The Beacon had the pleasure of speaking with the campaign manager for the Yes on One movement and former state representative from Gorham, Kyle Bailey shortly before election day. Bailey told The Beacon that he felt the campaign was going great with lots of grassroots support for the movement and the prevalence of negative ads reminding voters why such legislation will be beneficial. Bailey also touched on the benefits of limiting donations from PACs saying “Elections should be about what the people want, not wealthy campaign donors. We need to put power back in the hands of the people of Maine”. Maine would be the first state to enact such legislation, continuing our states legacy of being early when it comes to issues important to voters like same sex marriage and legalization of marijuana. Much like those issues, campaign finance law is an issue on the mind of the whole nation, not just Maine voters. Bailey told The Beacon that if Question One passes it has the possibility of going all the way to the Supreme Court where he hopes they would uphold the law and make it precedent nationwide. Even the current makeup of the highest court in the land doesn’t bother Bailey who cites Harvard Law professor Lawrence Lessig’s legal argument to end superPACs.

Following the announcement of election results the Yes on One campaign released a statement on their victory. Kyle Bailey said “It takes courage and strength to stand up to wealthy and powerful special interests. Maine voters are smart, tough, and determined”. Larry Lessig who provides the primary legal argument for Question One, as well as helping to draft the bill said “This is a great gift from Maine to democracy in America. We expect this initiative will be challenged. But when the Supreme Court affirms what Maine voters have done, it could end Super PACs everywhere”.
Campaign finance reform is a crucial step in ensuring that our democracy is sustainable and not bogged down by corruption. Question One seeks to stem the flow of dark money into our politics that was opened by Citizens United. The people of Maine showed once again that they want to be on the forefront of change by passing this first step in the path to campaign finance reform. Kyle Bailey put it best when he ended his conversation with The Beacon  saying “There’s something we can do to make our politics better. It’s not a silver bullet but Question One is a start”.