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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