To Protect Democracy, Funders Must Look to the States
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The georgia state legislature recently passed a wave of new voting restrictions. Sean Pavone/shutterstock
Democracy is in peril at the state level. Legislators across the country are considering a wholesale assault on democratic norms and institutions. While the extensive state efforts to roll back voting rights have rightly garnered national attention, they are only one aspect of a multi-pronged strategy to dismantle democracy. Right now, an onslaught of state bills is seeking to undermine nearly every aspect of a functioning democracy—a threat that demands immediate attention from philanthropy.
Just since the start of the year, 24 states have introduced bills to criminalize peaceful protest. Often, states are considering multiple bills: In Oklahoma alone, 10 anti-protest bills are under consideration. Arguably the worst of the bills introduced across the country, so-called “anti-riot bills,” target Black Lives Matter protesters, and because they are so broadly written, would encompass virtually all protest activity protected under the First Amendment. Many of the bills would apply draconian criminal penalties to peaceful protesters; for example, 15-year sentences for blocking traffic. Some would strip protesters of public benefits; many would target organizations supporting protest; others would reduce or remove criminal liability from drivers running over protesters.
Efforts are underway to prevent citizen initiatives, as well. Bills to restrict the ballot measure process have been introduced in Arizona, Florida and Missouri—states in which everyday people have successfully passed ballot measures to protect their rights and strengthen democratic practice. Considered together with anti-protest and voting rights legislation, these are essentially an attempt to shut down participation in democracy by underrepresented communities.
State courts, long under assault, are also facing more bills than in previous years: Legislation has been filed in 32 states that would threaten judicial independence and separation of powers, for example, allowing legislatures to override court decisions, redistricting state courts and allowing governors outsized control over judicial selection. In some cases, these bills have explicitly been introduced as retaliation against state courts that stood firm in upholding the integrity and results of the November election.
Along with the incredible damage these bills would do to the fabric of our democracy, taken as a whole, they also impact the day-to-day lives of front-line organizations. The bills encourage a narrative that undermines faith in—and in some cases, even promotes violence against—organizations that are advocating for inclusive democracy. State and local groups, especially those in communities of color, have always operated with risks to their safety, and this has only increased in the wake of white supremacist violence, making the moment even more urgent.
Of course, states can, and do, also serve as laboratories for pro-democracy experiments. Indeed, the For the People Act (also known as H.R. 1), currently under consideration in Congress, would enact several policies first passed at the state and local levels, including automatic voter registration and improvements to vote by mail. Democracy vouchers, a unique form of public financing that has been shown to expand participation of communities of color in the democratic process, also appear in the act. Passed initially in Seattle, there are efforts underway to replicate this program across the country.
It is tempting for democracy funders to focus on Washington, D.C., but given these threats and opportunities, it is critical that we expand that lens to include states and municipalities. Opportunities for reform at the federal level are important, but because of the federalist structure of the U.S. government, they can only ever address part of the problem. If we are to stop the further degradation of American democracy and begin to build a truly inclusive, multiracial democracy, we will need to make sustained investments at the state level. This is the approach we have taken at the Piper Fund and across Proteus Fund as a whole, and based on our experiences, in particular over the past four years, here are four lessons learned on how democracy funders can have a greater impact.
Funders must build infrastructure in states that have long been ignored to push back against regressive legislation and lay the groundwork for proactive policy reforms. Progressive philanthropy typically prioritizes a handful of states, building solid infrastructure that has made a difference in the public’s understanding of a range of issues, and in advocates’ ability to advance progressive reform. Regressive legislation, however, is more typically introduced first in states such as Oklahoma and Kansas, states that have long been ignored by most progressive funders. Once passed in those states, these new laws serve as models for legislation elsewhere. Democracy funders can make an even bigger difference by supporting groups that can engage their communities for public education in these underfunded states.
Funders should support grantee safety. As white supremacist violence and rhetoric proliferate, front-line organizations, especially those led by communities of color, are at increased risk, including the very physical safety of their staff. At the Proteus Fund, we believe that supporting the safety of our grantees is a profound ethical and moral responsibility we carry as a funder, so last year, we built a pooled fund to support grantee safety needs. In the first weeks of 2021, in particular, following the insurrection at the Capitol, we saw an uptick in requests from groups facing threats of white supremacist violence across the country and immediately began disbursing funds. Whether through a separate fund, or by simply adding to existing grants, support for safety and resilience should be part of all of our grantmaking.
Funding at the state level must be sustained, flexible and must prioritize people-of-color-led organizations. If we are to go beyond simply responding to attempts to further erode democracy, and instead work to build a true multiracial, inclusive democracy, the groups that have been most excluded from participation need to be at the forefront. The Democracy Voucher program is one such example: An idea developed by communities of color in Seattle, the program is built to ensure that these communities have a greater voice within democracy. The Piper Fund supported these communities in developing and advancing their idea, and we encourage funders to similarly prioritize grants to people-of-color-led organizations that can engage these communities.
Grants should be flexible. In the face of this multi-pronged assault on democracy, threats are constantly evolving, and new opportunities to advance reform often arise unexpectedly. Now more than ever before, organizations must have the flexibility to respond to these moments. Tying grantees’ hands with short-term, project-specific funding does not allow the field to act quickly and decisively when needed. Wherever possible, general operating, multi-year grants allow grantees to respond to changing circumstances.
The threats to democracy at the state level are profound. The insurrection of January 6 did not succeed in overturning a legitimate election result, but if these state-level battles are lost, democracy will perish. The time is now: Philanthropy can play a role in pushing back against regressive proposals and advancing a vision of an inclusive and multiracial democracy—but to do so, we will need to expand our focus to the states.
Melissa Spatz is director of the Piper Fund, an initiative of the Proteus Fund.
