Bill Text: OR SJM9 | 2013 | Regular Session | Introduced

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Bill Title: Urging Congress to propose amendment to United States Constitution to ensure that federal, state and local governments have authority to regulate campaign contributions and expenditures.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SJM9 Detail]

Download: Oregon-2013-SJM9-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

 LC 1509

                     Senate Joint Memorial 9

Sponsored by Senators DINGFELDER, BATES, Representative DEMBROW;
  Senators BOQUIST, EDWARDS, MONNES ANDERSON, STEINER HAYWARD

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Urges Congress to propose amendment to United States
Constitution that will overturn United States Supreme Court
decision  { - Citizens United v. Federal Election Commission - }
and ensure that federal, state and local governments have
authority to regulate campaign contributions and expenditures.

                         JOINT MEMORIAL
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 and fair elections are essential to American
democracy and effective self-governance; and
  Whereas individual human beings are rightfully recognized as
the only persons with a right to vote in elections; and
  Whereas, because money is property and a means of amplifying
speech but is not speech itself, Congress and state and local
governments should have the authority to regulate campaign
contributions and expenditures; and
  Whereas corporations are legal entities granted privileges by
local, state and federal governments; and
  Whereas corporations can and do make important contributions to
our society, but are not to be equated with human beings and
granted constitutional rights; and
  Whereas corporations are entities created by law, allowed to
exist in perpetuity and able to maintain a presence in many
nations simultaneously; and
  Whereas corporations do not have a right to vote in elections
and, therefore, should not be categorized as persons for purposes
related to elections; and
  Whereas corporations are not explicitly guaranteed rights in
the United States Constitution as adopted by the Constitutional
Convention; and
  Whereas Congress and the states have not recognized
corporations as persons in any amendment to the United States
Constitution; and
  Whereas the Supreme Court in  { - Citizens United v. Federal
Election Commission - } eliminated many of the restrictions on
corporate spending in the electoral process, including any total
prohibition on election-related spending; and
  Whereas the  { - Citizens United v. Federal Election
Commission - } decision creates an unlevel playing field between
individual human beings, who have the right to vote in elections,
and corporations, which do not have the right to vote in
elections; and
  Whereas the  { - Citizens United v. Federal Election
Commission - } decision negates over a century of Congressional
legislation prohibiting or otherwise restricting corporate
contributions to federal election campaigns, dating back to the
Tillman Act of 1907; and
  Whereas the  { - Citizens United v. Federal Election
Commission - } decision compels candidates for public office to
divert their attention from the interests and needs of their
human constituents in order to raise campaign funds sufficient
for election; and
  Whereas corporations are not and never have been individual
human beings and, therefore, should not be the legal equivalent
of individual human beings for the purpose of elections; and
  Whereas based on the American value of fair play, leveling the
playing field should be a valid rationale for the regulation of
political campaign spending by individuals, corporations and
political committees; and
  Whereas the only way to restore our democracy is to amend the
United States Constitution to allow Congress and the states to
make and pass laws related to campaign finance reform; now,
therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  (1) The Congress of the United States of America is urged to
propose an amendment to the United States Constitution for the
states' consideration to ensure all of the following:
  (a) That Congress shall have power to regulate the raising and
spending of money and in-kind equivalents with respect to federal
elections, including setting limits on:
  (A) The amount of contributions to candidates for nomination or
election to federal office; and
  (B) The amount of expenditures that may be made by, in support
of or in opposition to candidates.
  (b) That states have power to regulate the raising and spending
of money and in-kind equivalents with respect to state elections,
including setting limits on:
  (A) The amount of contributions to:
  (i) Candidates for nomination or election to state office;
  (ii) State referenda; and
  (iii) State ballot initiatives; and
  (B) The amount of expenditures that may be made by, in support
of or in opposition to candidates, referenda or ballot
initiatives.
  (c) That local governments have power to regulate the raising
and spending of money and in-kind equivalents with respect to
local elections, including setting limits on:
  (A) The amount of contributions to:
  (i) Candidates for nomination or election to local office;
  (ii) Local referenda; and
  (iii) Local ballot initiatives; and
  (B) The amount of expenditures that may be made by, in support
of or in opposition to candidates, referenda or initiatives.
  (2) A copy of this memorial shall be sent to the President of
the United States, the Senate Majority Leader, the Speaker of the
House of Representatives and each member of the Oregon
Congressional Delegation.
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