Sen. Jeff Smith holding up a printout of President Donald Trump's post telling people to buy, which went out just hours before he paused most tariffs. (Photo by Baylor Spears/Wisconsin Examiner)

Wisconsin Democrats are resurrecting a resolution that would allow voters to weigh in on whether the U.S. Supreme Court’s landmark Citizens United ruling should stand — an effort that comes just a week after historic spending in Wisconsin’s state Supreme Court election.

The U.S. Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission found that corporations and unions have a First Amendment right to speech and laws preventing them from spending were unconstitutional. The decision has enabled corporations and other outside groups to spend virtually unlimited amounts of money on elections. 

Lawmakers said the decision is the core of why spending has gotten so out of hand in the last decade and a half. According to the Wisconsin Democracy Campaign, preliminary data shows that nearly $100 million was spent during the April race between Justice-elect Susan Crawford and Brad Schimel.

At a press conference, Sen. Jeff Smith (D-Brunswick) called billionaire Elon Musk — who has directed efforts in the Trump administration to slash federal programs and fire federal employees and spent millions trying to influence the outcome of the Wisconsin  Supreme Court — a “carpetbagger.” He criticized Musk for giving money to voters, saying Wisconsinites shouldn’t get accustomed to being paid to vote, but should be voting to make their voices heard.

Smith said money in elections is making voters feel like billionaires are outweighing their voices. He then called specific attention to President Donald Trump telling investors to ‘buy’ on social media — as the stock market was wavering — just hours before he announced that for 90 days he would be lowering U.S. tariffs to 10% on most countries and raising them on China to 125%. The move caused the stock market to rise and, then led to accusations of market manipulation and insider trading. 

“The man in the White House sent this message — ‘A great time to buy! A great time to buy.’ He sent his message to his rich donors and friends,” Smith said. 

“It pays off to put millions of dollars in campaigns because they’re going to make money in the end if they win,” Smith continued. “We need Congress to reevaluate this role of corporations and billionaires and their role in money and politics.”

The advisory referendum would seek an answer from voters on whether Wisconsin’s Congressional delegation should support a constitutional amendment to overturn the Supreme Court’s decision. Specifically it would ask voters the question whether “only human beings are endowed with constitutional rights — not corporations, unions, nonprofit organizations, or other artificial entities” and whether “money is not speech, and therefore limiting political contributions and spending is not equivalent to limiting political speech.”

Smith said voters sent a message that they won’t be bought last week by rejecting Musk’s preferred candidate.

“We don’t want that money coming in here in Wisconsin to buy our elections and our freedom,” Smith said. “Let’s put this referendum on the ballots, so voters can make their voices heard directly to Congress.

Wisconsin Democracy Campaign Operations and Policy Director Beverly Speer emphasized at the press conference that the issue goes beyond Musk, saying that spending by independent expenditures —  totaling about $51.5 million in April — are often backed by billionaires and operated in shady ways.

“Don’t be mistaken, Musk is just one of a handful of billionaires who contributed to this bipartisan arms race,” Speer said. “Things will continue to escalate… Unless we want to see a $150 million race, and then maybe a $200 million race, we need to cut off this free-for-all.”  

Speer said that voters are mostly opposed to the vast spending in campaigns. 

The Wisconsin Democracy Campaign conducted a survey in February that found about 88% of Wisconsin voters statewide are “extremely concerned” or “very concerned” about the influence of money in politics. The survey also found that 86% of respondents said people and groups shouldn’t be able to spend “unlimited amounts of money” to support political campaigns and 83% of respondents said there should be limits on how much campaigns can spend.

“While working Wisconsinites stretch to pay rent, feed their families, and make ends meet, billionaires treat our elections like a game — pouring millions into a state that they don’t even normally live in, hoping to tip the scales in favor of their special interests,” Speer said. 

A statewide referendum would need to pass the Republican-led Legislature, and Rep. Lisa Subeck (D-Madison) acknowledged that previous attempts have been unsuccessful. She said she welcomes more conversation about the issue and proposal.

“Not once has it even gotten a hearing, and you know, why? Because politicians who are beholden to big money in politics don’t want to hear what the people have to say about it, but we are calling on… our colleagues to join us in this resolution,” Subeck said. 

Subeck said lawmakers were starting with the referendum because any changes in state law are “neutered” by the Citizens United decision. She said Democrats would be introducing more bills to address the issue in the near future, including on disclosure of money in campaigns and on public financing. However, she said pushing Congress for a constitutional amendment will be key to changing the state of money in elections. 

“We cannot fundamentally make wholesale change in this through any state law as long as Citizens United is still law of the land,” Subeck said. “We need to amend our federal Constitution and we need to send that message clear and simple.”