Assemblymember Chris Rogers Introduces Legislation to End Limitless Corporate Spending on Elections

SACRAMENTO, CA - Last week, Assemblymember Chris Rogers introduced AB 1984, legislation to address the grievous impacts that unfettered corporate spending has had on our democratic process. This bill would rewrite the powers granted to corporations in the corporate code to explicitly state that corporations that operate in the state of California do not have the power to spend money in elections. AB 1984 is designed to end the disastrous legacy the Citizens United ruling has had on elections in California.

"At the heart of the Citizens United ruling lied an egregious assumption - that unlimited corporate campaign spending would not lead to corruption because it assumed this spending would be transparent and independent. The Court was wrong," said Assemblymember Chris Rogers. "Today, more than 15 years later, just under 80% of Americans agree that large independent expenditures by wealthy donors and corporations in elections give rise to corruption or the appearance of corruption. This cuts across all political parties, with 84% of Democrats, 74% of Republicans, and 79% of independents believing this to be the case."

In 2010, the Supreme Court issued a ruling on Citizens United v. Federal Election Commission that struck down century-old prohibitions on corporate "independent" spending entirely, thereby deregulating money that doesn't go directly to a candidate or party. Since that date, the United States has seen an ever-increasing amount of money spent in elections-reaching a new high in 2024 with over $1.9 billion in spending on federal elections alone.

Lower courts applying the Citizens United ruling extended it to invalidate almost all fundraising and spending restrictions for groups that purport to be separate from candidates. This allowed for the rise of unregulated "dark money" groups that can accumulate and spend limitless funds to influence our elections, all without disclosing who is footing the bill. Over 80 percent of the total amount spent by billionaires during the 2024 election cycle was spent through channels that were prohibited prior to Citizens United, while overall billionaire spending in elections has multiplied by a factor of 163 since the ruling.

This year, eight states will try to curtail the Citizens United ruling through the corporate code, not the elections code. This approach relies on centuries of court rulings that have helped to distinguish corporate rights vs corporate powers.

AB 1984 builds off the work being done in Montana to directly address the unlimited spending of corporations by restricting them from all spending on elections. Simply put, corporations are a function of law and they do not exist without the explicit approval of the government. Additionally, the government has the authority to grant them specific powers. This bill is a simple majority bill and, while its passage will not overturn Citizens United, it will have a sizable impact on returning electoral power to the average citizen.

###
Chris Rogers was elected to the state Assembly in 2024. As the Assemblymember for the Second Assembly District, he represents Sonoma, Mendocino, Humboldt, Del Norte and Trinity counties.