SENATE DOCKET, NO. 1311        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 53

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kenneth J. Donnelly

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying proposal for constitutional amendment:

Proposal for a legislative amendment to the Constitution relative to corporate rights and political spending.

_______________

PETITION OF:

 

Name:

District/Address:

 

Kenneth J. Donnelly

Fourth Middlesex

 

Chris Walsh

6th Middlesex

 

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

 

Jason M. Lewis

Fifth Middlesex

 

Timothy R. Madden

Barnstable, Dukes and Nantucket

 

Barbara A. L'Italien

Second Essex and Middlesex

 

David M. Rogers

24th Middlesex

 

Cory Atkins

14th Middlesex

 

Tom Sannicandro

7th Middlesex

 

Joan B.  Lovely

Second Essex

3/4/2015


SENATE DOCKET, NO. 1311        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 53

By Mr. Donnelly, a petition (accompanied by proposal for constitutional amendment, Senate, No. 53) of Kenneth J. Donnelly, Chris Walsh, Benjamin B. Downing, Jason M. Lewis and other members of the General Court Proposal for a legislative amendment to the Constitution relative to corporate rights and political spending.  Election Laws.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

Proposal for a legislative amendment to the Constitution relative to corporate rights and political spending.

 

A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:
 

ARTICLE OF AMENDMENT.
 

ARTICLE CXXI

Section 1. Corporations are not people and may be regulated. The rights afforded to the human inhabitants of the Commonwealth, under this Constitution, are not applicable to corporations, limited liability companies, any corporate entity or any artificial person. Any references to persons, citizens, inhabitants, subjects, men, women, people, individuals or like terms in this Constitution, are not to be construed in any way to be referring to a corporation, limited liability company, any corporate entity or any artificial person. Corporations, limited liability companies, any corporate entity or any artificial person, shall do business in this state under the regulation of laws passed by the legislature which shall set the rights of such entities to do business to promote the common good and strengthen the social compact of this Commonwealth.

Section 2. Money is not free speech and may be regulated. To protect the political process and the functioning of government to serve in the best interests of the citizens of the Commonwealth, money shall not be considered free speech. The legislature shall have the power to regulate the raising and spending of money and inkind equivalents for any primary or election of a public official and for ballot measures. This shall include regulation of any advertising for or against any candidate in a primary or election for public office and any ballot measure.

Section 3. Nothing contained in this Amendment shall be construed to abridge the freedom of the press.