HomeMy WebLinkAbout2012-27 Advisory Question - Non-Person Campaign Contributions RESOLUTION NO 2012 - a�
RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY,
OREGON, TO SUBMIT TO ASHLAND ELECTORS AT THE
NOVEMBER 6, 2012 GENERAL ELECTION AN ADVISORY QUESTION
ON INSTRUCTING THE U.S. CONGRESS TO APPROVE A
CONSTITUTIONAL AMENDMENT GRANTING CONGRESS
AND THE STATES AUTHORITY TO REGULATE CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES AND TO
DETERMINE THE NATURE AND EXTENT OF TK PRIVILEGES AND
ENTITIES OTHER THAN NATURAL PERSONS.
RECITALS:
A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has the
authority to submit to electors at duly scheduled elections advisory questions on matters
of interest to the City regardless of whether they are beyond the scope of the City's power
to enact legislation.
B. Ashland residents are affected by federal policies which can be influenced by campaign
contributions and independent political spending.
C. Federal and State regulation of campaign contributions and spending is governed by
decisions of the U.S. Supreme Court.
D. The U.S. Supreme Court held in Citizens United v. Federal Election Commission, 558
US 50 (2010)that legislatively-authorized entities, such as corporations, limited liability
companies, and unions, have the right to make unlimited political contributions because
the Court determined that legislatively-authorized entities have the same constitutional
rights as natural persons and that political contributions constitute expression highly
protected from governmental restrictions by the First Amendment.
E. The U.S. Congress cannot modify a U.S. Supreme Court decision on constitutional rights
through legislation, but can initiate the process of amending the U.S. Constitution.
F. The City Council wishes to afford the electors of Ashland the opportunity to decide
whether to instruct the U.S. Congress to seek to overturn the U.S. Supreme Court
decision in Citizens United v. Federal Election Commission through a constitutional
amendment making constitutional rights available only to natural persons and granting to
Congress and the States authority to regulate campaign contributions and expenditures.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. At the November 6, 2012 election, the advisory question in the ballot title in the
attached Exhibit A shall be submitted to the electors of Ashland for their "yes" or "no" vote.
Resolution No. 2012- Page 1 of 2
SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson
County, Oregon, not later than 61 days prior to the November 6, 2012 election notice of the
City's referral of the advisory ballot question and all that is required to ensure that the ballot title
as shown in Exhibit A complies with County and State requirements for submittal to Ashland
electors in the November 6, 2012 election.
SECTION 3. The City Recorder shall give notice of receipt of the ballot title and notice of
electors' right to petition for review of the ballot title as provided in the laws of the State of
Oregon and the charter and ordinances of the City of Ashland.
SECTION 4. The City Attorney is authorized to modify the text of the ballot title and
explanatory statement shown in Exhibit A to comply with any rules, procedures or practices of
the Elections Officer of Jackson County to implement the requirements of Oregon law.
This resolution is effective upon signing by the Mayor.
PASSED and ADOPTED this day of August, 2012.
Barbara Christensen, City Recorders
SIGNED and APPROVED this F?day of August, 2012.
Str berg, Mayor
Revi ed as to form:
avid Lohman, City Attorney
Resolution No. 2012- Page 2 of 2