In Citizens United vs FEC, the Supreme Court protects free speech rights. But, the decision guts our ability to track and control money in politics: (1) dark money in politics has exploded, and (2) the rich/powerful control elections like never before in the history of our country.
The reasoning of the court was that laws restricting political contributions run afoul of free speech protections.
We need a constitutional amendment that balances the importance of free and fair elections with the importance of free speech.
The text of the proposed amendment below provides that balance, restricting contributions to persons, not corporations or labor unions or other entities. The text also prevents out of state contributions. Finally, the amendment sets some reasonable limits on the amount that an individual can contribute, so that no one person exercises excessive influence over any candidate or campaign.
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States regarding political contributions.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two-thirds of each House concurring therein,
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
ARTICLE I
SECTION 1. Free, fair and representative elections and governing processes are essential to the proper functioning of our nation. Free speech protections under the First Amendment, and any other federal or state constitutional or statutory provisions, shall not bar reasonable laws or regulations that are intended to protect the governing process of federal, state and local governments and to ensure the government of the people, by the people, for the people.
SECTION 2. Congress, states and local governments shall provide reasonable laws and protections to maintain the integrity of the election and governing process to ensure that individual persons elect representatives who are appropriately responsive to all the people.
SECTION 3. Only individual persons may provide financial or in-kind contributions to election campaigns of candidates and issues. A corporation is not a person allowed to contribute to election campaigns or candidates. No corporation, union, or other association or entity may provide financial or in-kind contributions in support of political campaigns for candidates or issues.
SECTION 4. In federal, state or local elections, only individual persons, residing within that state, congressional district, or local jurisdiction, may contribute to campaigns or candidates in that state, congressional district or local jurisdiction.
SECTION 5. Candidates for elected or appointed federal office may not solicit funds, in person or by any form of direct or indirect communication, for their campaigns for election.
SECTION 6. Contributions to a candidate or campaign may not exceed $10,000 per person for any statewide national candidate or campaign, $5,000 for any congressional candidate or campaign, and $2,500 for any local candidate or issue. In determining the amount contributed by a person, the amount shall be the accumulated sums since the last general election and prior to the general election for the campaign for which the contribution is made. No person may contribute through, or on behalf of another person.
SECTION 7. The contribution restrictions herein apply to direct, indirect or in-kind financial contributions or services, including but not limited to, any advertising or publication of any kind or nature, whether print, broadcast, books, telecommunications or media campaigns reasonably and objectively determined to be campaign activity.
SECTION 8. This article shall apply to independent or third-party expenditures for communications relating to candidates or campaigns reasonably and objectively intended to promote or oppose any candidate or issue.
SECTION 9. The essential right to free and ethical elections shall not inappropriately intrude upon the rights to free expression and assembly described in the first amendment herein and other related provisions in this Constitution or federal or state laws.
SECTION 10. The right to free expression, equal protection, freedom of assembly, or any other right expressed or implied in this Constitution, shall not inappropriately intrude upon the essential right to free and fair elections of appropriately responsive candidates, set forth herein.
A. Nothing in this article shall prevent persons, corporations or other associations from exercising their right of free speech, through books, movies, videos, websites, or any other medium where persons choose to see or hear the communication, so long as those rights to not inappropriately intrude upon the essential rights described in this section.
B. Whether a communication above is appropriately protected speech or appropriately restricted campaign communication or activity is a judgment to be made by the courts of competent jurisdiction, looking at the intent of the restrictions and reasonably and objectively understood results of the publication or activity, without regard to the subjective intent of the persons involved in the publication or activity.
C. Any person, corporation or other association, which communicates or publishes for communication for purposes described above, shall reasonably and appropriately disclose the identities of all corporations, unions and associations involved in producing the communication, their role(s) in production, the financial and in-kind expenditures made in the production, and all of the persons, corporations or other associations, who own or have any interests in any corporation or association. All persons, including shareholders, partners, limited partners or other entities or structures, shall be disclosed so that the identities of all persons involved in the production is disclosed.
SECTION 11. No state or local government may enact or enforce any law inconsistent with this article. Congress shall have the power to enforce this article by appropriate legislation, including, but not limited to, barring a candidate from assuming office, or removing a candidate from office after an election. Nothing in this article shall prohibit public funding for campaigns of elected officials.
