Editor's Note: The following piece originally published on The Fulcrum and has been republished with permission from the publisher. Photo by Adam Nir on Unsplash.
Since organizing the Voters Not Politicians2018 ballot initiative that put citizens in charge of drawing Michigan's legislative maps, Fahey has been the founding executive director of The People, which is forming statewide networks to promote government accountability. She regularly interviews colleagues in the world of democracy reform for The Fulcrum.
Kyle Bailey is a former Maine state representative who managed the landmark ballot measure campaigns to win and protect ranked choice voting. He serves as campaign manager for Citizens to End SuperPACs and the Yes On 1 campaign to pass Question 1, a statewide ballot initiative that would place a limit of $5,000 on contributions to political action committees.
Our conversation has been edited for length and clarity.
Katie Fahey: How did you get involved with campaign finance reform?
Kyle Bailey: I have always considered myself a reformer. I cut my teeth in politics working to reform criminal and civil laws on hate crimes, nondiscrimination and same-sex marriage. That work eventually led me to election reform. We need structural changes like ranked choice voting. We also need to change the way campaigns are funded. These reforms go hand in hand to protect our democracy and give voice to the people. That is what Question 1 on Maine’s November ballot is all about.
KF: What specific impact will Question 1 have on Maine elections if this citizen’s initiative is passed?
KB: If approved by voters, Question 1 will place a $5,000 limit on individual and corporate contributions to political action committees. Currently there is no limit, so this is a substantial change. Question 1 effectively ends super PACs in Maine and significantly diminishes the amount of big and dark money in Maine’s elections.
KF: What do you currently need help with, and how can people get involved?
KB: We have an incredible team of organizers, volunteers and endorsers statewide working to win Question 1. We need help with grassroots donations to bolster our digital advertising and reach more voters online with our message about creating a system that works — where your vote always counts, your voice always matters, and our democracy is not for sale. People can chip in at least $5 to help us reach more voters and win on Nov. 5.
KF: If this ballot initiative passes, when will the new laws come into effect and do you think it has national implications?
KB: In Maine, laws take effect 90 days after approval. Maine is the epicenter of our nation’s urgent fight to overturn the disastrous lower court decision in SpeechNow.org vs. FEC that is responsible for the creation of big and dark money super PACs in the U.S. We believe that Question 1 is the only constitutionally viable and immediate solution to lessen the flow of big money into elections. Additionally, it is the only 2024 statewide referendum in the U.S. to address campaign finance reform.
The Supreme Court has never been asked to decide the question of contribution limits to super PACs. Passage of Question 1 will trigger a legal challenge from big and dark money special interests. This challenge will pass through several lower courts, including the U.S. Court of Appeals for the First Circuit in Boston, before reaching the Supreme Court.
Some of America’s greatest legal minds — including Laurence Tribe, Lawrence Lessig and former Deputy Solicitor General Neal Katyal — believe that the Supreme Court will uphold Question 1 and find that super PACs are not required by the First Amendment.
KF: How does Question 1 strengthen the ideals of democracy?
KB: When billionaires funnel millions of dollars into super PACs for the purpose of buying elections and influence, our government is not “of, by, or for the People,” but one that disproportionately serves wealthy special interests at the expense of every man, woman and child. When we normalize and legalize political corruption and crony capitalism, we move away from the principles of America and become less of a democracy and more of a kleptocracy.
KF: Is there anything that makes you believe the people of Maine want these changes? What other organizations support Question 1?
KB: Over 80,000 Maine voters signed the petition to place Question 1 on the November ballot. Polling shows that at least 69 percent of voters intend to vote “yes” on Question 1. The campaign is endorsed by over 100 state and local elected officials and community leaders from across the political spectrum. We are thankful to have endorsements from several national organizations, but this is a homegrown campaign led by Maine people for Maine’s future.
KF: Does the Supreme Court decision Citizens United vs. FEC negate this change?
KB: Citizens United isn’t the decision responsible for giving us super PACs. FreeSpeechNow.org v. FEC is a separate holding by the D.C. Circuit Court of Appeals that is responsible for the creation of super PACs. Check out this piece by Larry Lessig that explains this background in more detail.
KF: Thinking about your journey, do you have any words of advice for citizens who want to do something about an issue they see as a problem with our political system?
KB: Educate yourself. Talk to a lot of people from varying walks of life and with different political views, including people already working on reforms. Listen. Organize. Mobilize. Change is only possible when people take action. If people in positions of power laugh at you, and then push back against you, you know that you’re onto something that can make a difference.
KF: If you were speaking with a high school student or a new immigrant to the country, how would you describe what being an American means to you?
KB: America is a place on a map with a capital, a government and laws, yet it is also an idea that transcends politics and geography. To be an American is to believe in liberty and justice for all, and not just some; to believe in government of, by and for the people, and not the powerful; to acknowledge that every individual has value and should have an equal opportunity to reach his/her God-given potential regardless of who they are, where they come from, the color of their skin, how they worship or who they love; to embrace the hopeful and optimistic point of view that we can make tomorrow better than today, and that we have the responsibility to future generations to make it so.
