The Invisible Gavel: Is the Tide Turning on Citizens United in 2026?
by Donald Harvey Marks
Physician scientist and 3rd generation veteran
We’ve lived under the shadow of Citizens United for sixteen years now, and for much of that time, the debate has felt like a stalemate. But as we move into the spring of 2026, the gears of American democracy are grinding in ways we haven’t seen in over a decade. From the red dirt of Oklahoma to the marble halls of the Supreme Court, the landscape of campaign finance is shifting beneath our feet.
Here is what you need to know about the current battle for the soul of our elections.
1. The Bipartisan Breakthrough
The most surprising news of 2026 isn't coming from Washington, but from the states. On March 3, Oklahoma officially became the 24th state to call for a constitutional amendment to overturn Citizens United.
What makes this remarkable isn't just the number—it’s the bipartisan nature of the movement. In Oklahoma, the call was unanimous. We are seeing a "red state" surge where local leaders are increasingly vocal about protecting their sovereignty from out-of-state "dark money" groups. With Indiana and Missouri currently debating similar resolutions, we are inching toward the 38-state threshold required for a constitutional change.
2. The New Digital Frontier: Unmasking the Influencers
On March 4, a new version of the DISCLOSE Act was reintroduced in Congress. This isn’t just a rehash of old policy; it’s a 2026 upgrade. For the first time, federal law is attempting to capture the "influencer economy."
If passed, secret payments to social media personalities who promote or attack candidates will finally have to be disclosed. In an era where a TikTok or a post on X can reach millions instantly, the "dark money" that used to hide in television ad buys is moving to our screens—and the law is finally trying to catch up.
3. A Looming Decision at the Supreme Court
While reformers are looking to the past, the Supreme Court is looking to the future. The case to watch right now is NRSC v. FEC.
The Court is currently deliberating on whether to strike down limits on "coordinated spending" between political parties and their candidates. A decision is expected by June 2026. If those limits fall, the wall between an official campaign and the "unlimited" funding pools of Super PACs will effectively crumble. We are standing at a judicial crossroads that could further deregulate our elections or maintain the few guardrails we have left.
4. Power to the People: The 2026 Ballot
This November, voters won't have to wait for politicians to act. In California, voters will decide on SB 42, a measure that would repeal a 1988 ban on public campaign financing. This would allow cities to empower small donors through matching systems—a direct attempt to mitigate the "big money" era by amplifying the voices of everyday citizens.
The Bottom Line:
The fight over Citizens United is no longer just a theoretical debate for law professors. It is a live, active battle taking place in our statehouses and on our ballots. Whether through a constitutional amendment or new transparency laws, the message from the 2026 cycle is clear: the American voter is looking for a way to bring the gavel down on "dark money" once and for all.
References
Fake News: Everything You Need to Know , by Donald H Marks
Detecting Deepfakes: Strategies and Tools by Donald Harvey Marks
Top Medical Journals including JAMA and NEJM Challenged by Department Of Justice. Fraud vs clever and misleading deception, by Donald H. Marks.
"The End of Reality," by Johathan Taplin. Book review on wide scale deception and greed by the super wealthy 4 horseman, by Donald Harvey Marks.
