Loading...
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