Bill Text: OR HJM6 | 2013 | Regular Session | Enrolled

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Bill Title: Urging Congress to propose constitutional amendment to limit certain political contributions.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2013-07-08 - Filed with Secretary of State. [HJM6 Detail]

Download: Oregon-2013-HJM6-Enrolled.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                     House Joint Memorial 6

Sponsored by Representatives CLEM, HOLVEY; Representatives
  BAILEY, BARNHART, DEMBROW, KENY-GUYER, TOMEI, VEGA PEDERSON,
  WILLIAMSON, WITT, Senator EDWARDS (at the request of Marion
  County Move to Amend) (Presession filed.)

To the President of the United States and the Senate and the
  House of Representatives of the United States of America, in
  Congress assembled:
  We, your memorialists, the Seventy-seventh Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas free speech is a right held by natural persons,
recognized and protected by the First Amendment to the United
States Constitution; and
  Whereas corporations, limited liability companies and
partnerships, associations and other legal entities established
under and granted privileges by local, state and federal laws
make important contributions to our society but are not to be
equated with natural persons; and
  Whereas the rights and privileges of legal entities are
established and protected through existing statutes and judicial
case law; and
  Whereas the decision to regulate corporate financial campaign
contributions and expenditures is one that, historically,
Congress and the states have been constitutionally allowed to
address; and
  Whereas in 2010 the United States Supreme Court issued its
decision in  { - Citizens United v. Federal Election
Commission - } (558 U.S. 310 (2010)), ruling that Congress and
the states lack the constitutional right to ban independent
corporate expenditures to political campaigns for public office;
and
  Whereas in the  { - Citizens - } decision the United States
Supreme Court relied on its previously issued opinion in
 { - Buckley v. Valeo - } (424 U.S. 1 (1976)), equating the
spending of money for electing candidates to public office with
speech; and
  Whereas the  { - Citizens - } decision has allowed for the
creation of super political action committees in election
campaigns for public office that have made unregulated campaign
expenditures in unprecedented amounts; and
  Whereas the Seventy-seventh Legislative Assembly of the State
of Oregon has grave concerns regarding the implications of the
United States Supreme Court's decision in its five-to-four ruling
in  { - Citizens - }; and
  Whereas the opinion of the four dissenting justices noted that
corporations have certain privileges not enjoyed by natural
persons, such as limited liability, perpetual life and favorable
treatment of their accumulation and distribution of assets, which
enables them to financially overwhelm individual natural persons
in the political process; and

Enrolled House Joint Memorial 6 (HJM 6-A)                  Page 1

  Whereas Congress, state legislatures and local legislative
bodies should have the authority to regulate political
contributions and expenditures; and
  Whereas based on the American values of fair play, leveling the
playing field and ensuring that all citizens, regardless of
wealth, have an opportunity for their political views to be
heard, there is a valid rationale for regulating political
spending; and
  Whereas it is imperative that Congress and the state
legislatures be allowed to exercise their authority to make their
own decisions about the regulation of political expenditures by
individuals and legal entities; and
  Whereas this policy requires that the United States
Constitution be amended to authorize congressional or state
regulation of political contributions and expenditures; now,
therefore,

Be It Resolved by the Legislative Assembly of the State of
  Oregon:

  That we, the Seventy-seventh Legislative Assembly of the State
of Oregon, respectfully urge the Congress of the United States of
America to propose and send to the states for ratification an
amendment to the United States Constitution consistent with the
findings of this memorial, clarifying the distinction between the
rights of natural persons and the rights of corporations and
other legal entities; and be it further
  Resolved, That the proposed amendment to the United States
Constitution should clarify that Congress and state legislatures
may regulate all moneys raised and spent for political purposes;
and be it further
  Resolved, That a copy of this memorial shall be sent to the
President of the United States, to the Senate Majority Leader, to
the Speaker of the House of Representatives and to each member of
the Oregon Congressional Delegation.
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                                 Adopted by House June 21, 2013

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                                 Ramona J. Line, Chief Clerk of
                                              House

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                                  Tina Kotek, Speaker of House

                                 Adopted by Senate July 1, 2013

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                                  Peter Courtney, President of
                                             Senate

Enrolled House Joint Memorial 6 (HJM 6-A)                  Page 2