HomeMy WebLinkAbout2012-38 Move to Amend
RESOLUTION NO 2012 -
RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY,
OREGON, 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 PRIVILEGES TO
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 wished 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, "Shall Ashland voters
instruct Congress to amend U.S. Constitution to grant only natural persons Constitutional rights
and limit campaign spending?" was submitted to the electors of Ashland for their "yes" or "no"
vote.
Resolution No. 2012- Page 1 of 2
SECTION 2. The advisory question passed with a vote of 79.64% "yes" and 20.36% "no".
SECTION 3. The City'of Ashland therefore calls on 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 privileges to entities
other than natural persons.
This resolution is effective upon signing by the Mayor.
PASS and ADOPTED this % day of ~kIt'-, 2012.
Barbara Christensen, City Recorder ~j~~~~
SIGNED and APPROVED this ~ day of 4 "O&M'd"" , 2012.
Stromberg, Mayor
Reviewed as to form:
David Lohman, City Attorney
Resolution No. 2012- Page 2 of 2