Leadership

A Victory for Democracy in the Supreme Court

June 27 marked a significant victory for democracy as the Supreme Court, in a 6-3 ruling, decisively rejected an indefensible interpretation of the Constitution's Elections Clause — known as the independent state legislature theory. This theory proposes that state legislatures can regulate elections unrestricted by state constitutional provisions, state courts, or even potentially, a governor's veto.

Leadership Now was proud to submit an amicus brief to the Supreme Court in Moore v. Harper with the support of pro bono counsel from Covington and Burling LLP. Our brief distinctively argued that independent state legislatures could pose substantial threats to businesses and markets through gerrymandering and election interference.

With this victory and the successful reforms to the Electoral Count Act last year, we’ve been a part of bringing about real and significant changes to diminish election risks in 2024.

Leadership Now remains committed to advocating for certainty and stability in our elections and upholding the rule of law. We will persist in presenting the business case for these crucial democratic principles.

The Challenge of Building Trust

“What will it take to rebuild trust?” asked Leadership Now CEO Daniella Ballou-Aares in the latest Democracy & Business Update on LinkedIn. “It starts with courageous individuals like Leadership Now honoree Al Schmidt, Pennsylvania's Secretary of State, who [in January] was awarded one of America’s top civilian honors for his defense of the 2020 vote while overseeing the Philadelphia election as a Republican City Commissioner. Even while he and his family endured threats to their safety, he stood up to Trump’s pressure to overturn the election results.” 

“But people like Al Schmidt alone won’t be enough to defend and rebuild democracy for the long term,” Daniella wrote in the Leadership Now update. As NYU professor and democracy expert Richard Pildes discussed at Leadership Now’s 2022 annual meeting, polarized, ineffective government fosters an atmosphere where autocratically-inclined leaders who promise to ‘deliver’ and create order through strength can gain popular appeal and undercut democracy. We've seen this play out in countries from Hungary to Brazil to Italy to India in recent years.

“With the Edelman Trust Baromoter once again showing that business is the most trusted sector in society, the burden for all of us to use that trust wisely is high. How can you help rebuild trust in our system, even as some political leaders burn it?”

Read on in the Monthly Business + Democracy Update

for Daniella Ballou-Aares’ tally of the low and high points for trusted leadership that have defined the start to 2023 — and the latest perspectives of Leadership Now and its members in the press.

Subscribe to the Monthly Business +  Democracy Update on LinkedIn.

New Research: How Are Business Leaders Engaging in Politics?

Tufts University Associate Professor of Political Science and Leadership Now member Dr. Eitan Hersh recently released findings from a new survey funded by Leadership Now that examines the changing partisan landscape of the business community and business leaders’ attitudes toward political engagement. On a call with our members, Dr. Hersh dove into the results and shared his thoughts. Here are some of the key findings:

Shifting Political Alignment

No matter their political preference, the majority of survey respondents believe US businesses have become more aligned with Democrats in the last decade. Executives say CEOs and employees have the most influence over corporate political alignment compared to other stakeholders such as customers or investors, and they believe CEOs and employees are causing the political realignment.

Policy Focus Areas

There is a widespread appetite among business leaders for companies to do more on most policy issues. The one exception is election administration policy — no matter their political affiliation, business leaders overwhelmingly disfavor companies becoming more involved in elections. Of the variety of social/policy issues companies can get engaged with, economic policy is the most popular. More engagement in environmental and social policy engagement was also of interest to business leaders, regardless of their political affiliation. There was near unanimous support from all respondents for companies encouraging people to vote as a strategy for civic engagement.

Corporate Political Activities

Most business leaders prefer political engagement in the form of “traditional elite methods”, such as advocacy through industry groups and executives meeting directly with lawmakers. Executives strongly disfavored turning away objectionable customers that disagreed with their own values; however younger executives in customer facing organizations/roles were much more likely to support dropping objectionable customers. About one-third of executives said that their companies regularly make political contributions and most executives believe that their companies should scale down their political contributions. Additionally, overall executives have concerns that increased company political activism would harm profitability, employee morale, and brand favorability; however, Democratic business leaders have a stronger preference for corporate activism than Republican business leaders.

In addition to the survey, Dr. Hersh conducted 30 hour-long one-to-one interviews with executives and was able to get a sense of the constraints the business leaders face, as well as the lack of awareness of what it would mean to be involved in lawmaking and policy efforts.

Dr. Hersh recently published an op-ed in The Atlantic with his thoughts on “political hobbyism — a performative form of civic engagement that has become the white-collar set’s preferred approach to public affairs.” He uses the example of companies that publicly stated they would not contribute to politicians who voted against certifying the 2020 election and then quietly went back to donating to them. He encourages business leaders to strategically get involved in long-term civic engagement, rather than take public stands but not hold themselves accountable.

Dr. Hersh plans to expand his research to include input from the general public and expects results in January 2023. We will be sure to share those findings once they are released.


Ohio Business Leaders Urge Congress to Reform the Electoral Count Act

On November 6, Leadership Now Senior Advisor Richard Stoff co-signed an op-ed published in The Cleveland Plain Dealer along with five prominent Ohio business leaders. They urge Congress to pass much-needed reforms to the Electoral Count Act. 

“American democracy enables free markets to thrive, in which consumers and employees have a stake. It’s no coincidence that nearly all of the world’s largest companies are founded and based in democracies. 

But increasingly our elections, the very bedrock of our democracy, are under attack. An essential part of safeguarding our elections is fixing the glaring weaknesses in the rules governing our electoral and presidential transition process.”

Read the full op-ed: "Electoral Count Reform Act will strengthen our democracy and our economy: Albert B. Ratner and John E. Pepper"

Albert B. Ratner is the former co-chairman and CEO of Forest City Realty Trust in Cleveland, and John E. Pepper is the former chairman and CEO of Procter & Gamble in Cincinnati.

Joining them in authorship: 

Alex R. Fischer, former president and CEO of The Columbus Partnership. 

Richard A. Stoff, senior adviser to the Leadership Now Project and co-founder and former President and CEO of the Ohio Business Roundtable.

Michael H. Thaman, former chair and CEO of Owens Corning in Toledo. 

Thomas L. Williams, CEO of North American Properties and vice chairman and co-principal owner of the Cincinnati Reds. 

ESG & Political Risk: A New Leadership Imperative

Nearly every week seems to bring a new crisis for business leaders to navigate -- from Russia’s invasion of Ukraine to the Supreme Court’s leaked Roe v. Wade decision to Florida’s ‘Don’t Say Gay’ legislation to the acquisition of Twitter. With business remaining the most trusted voice in society, it’s more clear than ever that leaders need to be proactive about what their values are -- and what those values mean in the policy and political sphere.  

How does this relate to democracy and ESG? Increasingly investors and employees seek to understand how political spending aligns with a company’s ESG priorities and if that spending is creating unintended risks. For instance, companies like Airbnb and Microsoft decided that politicians who supported the Jan 6th insurrection were creating too great a political risk to America’s economy and democracy. They promptly pulled their political contributions, and a majority of companies continue to refrain from funding those political leaders. Similarly, companies en masse halted business activities in Russia in response to the invasion of Ukraine.

As state legislators introduce bills impacting the LGBT community and abortion rights, the question of how a company responds will become more local. Executives will need to decide if this type of state legislation threatens their commitment to inclusion and equity as Yelp CEO Jeremy Stoppelman argued this week, and if they will stop supporting state legislators advancing those bills, many of whom receive substantial campaign funding from companies.


Leadership Now launches new ESG memo

ESG and Corporate Political Spending: Practical Actions For Business Leaders to Reduce Risk, Ensure Alignment, & Support A Stable Economic Environment 

The memo, written by Kevin Brennan, co-head of the Investment Engine at Bridgewater Associates, and Paige Warren, a senior fellow at the Advanced Leadership Initiative at Harvard, highlights how political spending impacts ESG priorities and offers a roadmap for company leaders to proactively manage risks through greater transparency.  


Companies can take several steps to proactively manage risk. The first is to make sure political spending is transparent. This is measurable -- it is currently tracked by the CPA-Zicklin Index -- and is a factor ESG investors can consider. Second, decision-makers need to be clear on what their corporate values and risks are -- whether it is climate change, election risks, or inclusion -- and understand if those priorities are reflected in the candidates and political organizations their company funds. In order to accomplish this, the authors provide practical guidance for company leaders on the integration of political spending data into ESG frameworks.

These are tricky times for all leaders to navigate. As the Disney case study illustrates, political risk requires proactive management, not reactive steps taken in the midst of a crisis.

At Leadership Now, we are excited to build upon this first memo and grow our ESG initiative. If you’re interested in getting involved or learning more, please reach out to Suraj Patel.