2013 -- H 6051

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LC02459

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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J O I N T R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENTS TO THE CONSTITUTION OF THE STATE (WE THE PEOPLE)

     Introduced By: Representatives Handy, Ajello, Walsh, Marcello, and Blazejewski

     Date Introduced: April 30, 2013

     Referred To: House Judiciary

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     WHEREAS, The General Assembly seeks to empower the citizens of the state of Rhode

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Island with the right to determine by a vote of the people the question of whether corporations are

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people and whether money shall be considered speech; and

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     WHEREAS, The U.S. Bill of Rights provides certain inalienable rights to natural

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persons; and

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     WHEREAS, Corporations are not mentioned in the U.S. Constitution; and

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     WHEREAS, Corporations are legal entities that governments create, and the rights they

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enjoy under the U.S. Constitution should be more narrowly defined than the rights that are

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afforded to natural persons; and

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     WHEREAS, The growing influence of large independent political expenditures by

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corporations and wealthy individuals is a great and growing concern to the people of the United

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States and the state of Rhode Island; and

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     WHEREAS, In a democracy, the assurance of a fair and uncorrupted election process is

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of the utmost importance, and it is a legitimate and vital role of government to regulate

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independent political expenditures by corporations, unions, and wealthy individuals; and

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     WHEREAS, In fulfillment of this important role, the government of the United States

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and of a majority of states have regulated and restricted independent political expenditures by

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corporations; and

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     WHEREAS, In 2010, the Supreme Court of the United States decided by a bare majority

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in Citizens United v. Federal Elections Commission that the First Amendment of the Constitution

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of the United States prohibits restrictions on the use of corporate and union treasury funds for

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electioneering; and

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     WHEREAS, Citizens United has served as a precedent for further legal decisions

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harming our democratic system of government, including SpeechNow.org v. FEC, which allows

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wealthy individuals to anonymously channel unlimited political expenditures through Super

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PACs; and

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     WHEREAS, In the wake of Citizens United, there has been an exponential increase in

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large independent political expenditures by corporations and wealthy individuals, which threatens

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the integrity of the election process, corrupts our candidates, dilutes the power of individual

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voters, and distorts the public discourse; now, therefore be it

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     RESOLVED, That this General Assembly of the state of Rhode Island and Providence

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Plantations supports putting forward a proposed amendment to Article I of the Constitution of the

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State to qualified electors of the state for their approval in accordance with the provisions of

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Article XIV of the Constitution, and upon such approval, new sections 25 and 26, set forth below,

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be added to and included in Article I of the Constitution; and that said proposition of amendment

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shall appear on the ballots as the first referendum question posed and shall be preceded by the

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following explanation and space to “approve” or “reject,” all of which shall be in substantially the

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following form:

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     1. CONSTITUTIONAL AMENDMENT - WE THE PEOPLE

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     Approval of this amendment will recognize and define corporations as artificial entities

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established by law, and it shall prevent money spent to influence elections to be construed as

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speech.

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     APPROVE _____________

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     REJECT _______________

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     New sections shall be added to and included in Article I of the Constitution to read as

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follows:

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     Section 25. [Artificial Entities Such as Corporations Do Not Have Constitutional Rights]

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     The rights protected by the Constitution of Rhode Island are the rights of natural persons

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only.

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     Artificial entities established by the laws of any state, the United States, or any foreign

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state shall have no rights under this Constitution and are subject to regulation by the people,

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through state or local law.

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     The privileges of artificial entities shall be determined by the people, through state or

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local law, and shall not be construed to be inherent or inalienable.

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     Section 26. [Money is Not Free Speech]

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     State and local government shall regulate, limit, or prohibit contributions and

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expenditures, to ensure that all citizens, regardless of their economic status, have access to the

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political process, and that no person gains, as a result of their money, substantially more access or

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ability to influence in any way, the election of any candidate for public office or any ballot

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measure.

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     State and local governments shall require that any permissible contributions and

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expenditures be publicly disclosed.

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     The spending of money to influence elections shall not be construed as speech; and be it

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further

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     RESOLVED, That the voting places in the several cities and towns shall be kept open

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during the hours required by law for voting therein for general officers of the state; and be it

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further

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     RESOLVED, That the Secretary of State shall cause said proposition of amendment to be

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published as a part of this resolution in the newspapers of the state prior to the date of the said

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meetings of the said electors; and said proposition shall be inserted in the warrants or notices to

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district meetings of said electors; and the district meetings shall be conducted in the same manner

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as now provided by law for the town, ward, and district meetings for the election of general

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officers of the state.

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LC02459

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