Hawaii Enacts Landmark Law Targeting Citizens United Ruling
Hawaii Governor Josh Green signed Act 011, restricting corporate election spending and challenging Citizens United.
Why it matters: Hawaii’s law directly targets the landmark Citizens United decision and could set a precedent for future campaign finance reforms nationwide. Legal advisors, in-house counsel, and political law professionals should prepare for potential constitutional challenges and national ripple effects.
- Governor Josh Green signed Act 011 into law on May 14, 2026.
- The law blocks corporations and similar entities from spending money to influence Hawaii elections.
- Attorney General Anne Lopez opposed the measure, citing likely constitutional litigation.
- The law is the first of its kind in the United States and takes effect July 1, 2027.
Hawaii has become the first state to enact legislation explicitly targeting the Citizens United v. FEC ruling, with Governor Josh Green signing Senate Bill 2471—now Act 011—into law on May 14, 2026. The law, effective July 1, 2027, prohibits corporations and other artificial entities from spending money or contributing anything of value to influence elections or ballot initiatives in the state.
- Under Act 011, corporations and similar entities are defined as lacking the power to engage in political spending or donate to campaigns, aiming to cut out what advocates call "corporate and dark money" from political influence. Read more.
- State Senator Jarrett Keohokalole, a bill proponent, said: "Corporations are not people. They are granted powers and privileges by the state." Keohokalole emphasized that Act 011 does not regulate natural persons' rights to speech or association but clarifies what powers are granted to artificial entities.
- Attorney General Anne Lopez opposed the legislation, citing its likely conflict with prevailing Supreme Court precedent and anticipated litigation costs. Legal scholars and practitioners widely expect constitutional challenges, particularly regarding First Amendment protections.
- The 2010 Citizens United decision permitted corporations and unions to spend unlimited funds on campaigns, sparking a surge in outside and undisclosed "dark money" expenditures—over $1.9 billion in 2024 alone.
- Montana is considering a similar measure, signaling possible momentum for legislative challenges nationwide. See more.
As the first state to attempt effectively circumventing Citizens United, Hawaii’s reform will likely be a test case as legal challenges unfold, with significant implications for campaign finance law, compliance programs, and political activity by companies nationwide.
By the numbers:
- $4 billion — Outside political spending in the 2024 federal elections
- $1.9 billion — Undisclosed 'dark money' sources in 2024
- July 1, 2027 — Act 011 takes effect
Yes, but: Legal scholars and the attorney general expect significant constitutional challenges, and litigation costs could be considerable.
What's next: Act 011 will be tested in court, and similar ballot initiatives are being considered in Montana.