to the Constitution of the United States declaring that corporations and other artificial entities do not have constitutional rights and authorizing the federal, state and local governments to regulate spending in political campaigns for elections to public office and ballot measures.
“Be it RESOLVED, 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 adopted by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), andratified by the legislatures of three-fourths of the several States:
“Section 1. This article is intended to protect the integrity and transparency of government and the electoral process, and to ensure that no one, as a result of his financial resources or capabilities, shall have undue influence upon elected governmental officials, the election of any candidate for public office or the success or failure of any ballot measure.
“Section 2. The rights protected by this Constitution are the rights of natural persons only. Artificial entities or constructs created pursuant to or authorized by the laws of a State, the United States or any foreign state have no rights under this Constitution and are subject to regulation by the People, through Federal, State or local law. Rights, benefits and privileges afforded to artificial entities by law shall not be construed to be inherent or inalienable.
“Section 3. Only natural persons, and political parties and affiliated political committees that register with the appropriate governmental authorities empowered to regulate campaign contributions and expenditures within their jurisdictions, may make contributions to or incur expenditures for the benefit of any candidate for public office or in support of any ballot measure, or to oppose any candidate or ballot measure. Candidates shall only solicit and may only receive contributions from or benefit from the payment of expenditures made by natural persons, their political parties and affiliated political committees. Political parties and affiliated political committees shall only solicit and may only receive contributions from or benefit from the payment of expenditures by natural persons. Candidates may not transfer funds contributed to them or benefits inuring to them to other candidates, or from one campaign to another. Political parties and political committees operating at one level of government within a jurisdiction may transfer contribution funds or expenditure benefits only between or among themselves and to candidates running for office at that same level of government within their jurisdiction.
“Section 4. Federal, State and local government shall regulate and limit and/or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures. They shall impose limits upon the amount of contributions to and the value of expenditures inuring to individual candidates, political parties and political committees, and upon the aggregate amount or value of contributions given and expenditures paid for by each donor or benefactor, whether made to candidates, political parties, political committees, or a combination thereof. Such regulation, limitations and/or prohibitions shall also apply to contributions and expenditures made or incurred for the purpose of opposing the election of any candidate for public office or ballot measure.
“Section 5. Federal, State, and local government shall enact legislation and make regulations and rules requiring all candidates, political parties and political committees to timely report to the appropriate governmental authorities sufficient information for the People to know who the financial supporters and opponents of candidates and ballot measures are, and what amounts are being contributed or expended by them. Those governmental authorities charged with collecting such information shall publish it in a timely and effective manner to best inform the People.
“Section 6. Federal, State and local government shall ensure the effective enforcement of legislation enacted and regulations and rules made pursuant to this article by providing adequate funding for the governmental authorities charged by them with regulating contributions and expenditures and through the establishment of effective methods of verification of compliance and meaningful penalties for violations thereof.
“Section 7. Legislation enacted and regulations and rules made pursuant to and consistent with this article shall not be construed to impermissibly abridge or infringe upon any of the rights of the People afforded them by this Constitution.”
The 28th Amendment Language Subcommittee: John House, Laura Atkins, David Burling, Herb Faling and Debra Helper
March 15, 2018