HOUSE DOCKET, NO. 3489        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3768

The Commonwealth of Massachusetts

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PRESENTED BY:

Carmine Lawrence Gentile

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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 resolution:

Resolutions for an application to Congress for an amendment overturning Citizens United.

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PETITION OF:

HOUSE DOCKET, NO. 3489        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3768

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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Resolutions for an application to Congress for an amendment overturning Citizens United.

Memorializing the Congress of the United States to pass and send to the states for ratification a constitutional amendment to restore the first amendment and fair elections to the people.

Whereas, for the past 4 decades, a divided United States Supreme Court has allowed for corporations, unions, political action committees and super political action committees to influence the political process and democratically-enacted reforms; and

Whereas, the first amendment has been greatly impacted by the United States Supreme Court’s ruling in Citizens United v. the Federal Elections Commission; and

Whereas, the United States Supreme Court’s ruling in Citizens United overturned longstanding precedent prohibiting these interests from spending general treasury funds in democratic elections; and

Whereas, the United States Supreme Court’s ruling in Citizens United will allow corporations, unions, political action committees and super political action committees limitless and unprecedented campaign spending and disproportionate influence, threatening the fairness of the democratic process; and

Whereas, the people of the United States have previously used the Constitutional amendment process to overturn Supreme Court decisions that present a risk to the democratic process and self government; and in 2018 the Commonwealth of Massachusetts Citizens Commission Concerning a Constitutional Amendment for Government of the People created by the overwhelming affirmative vote of Ballot Question 2 in the 2018 general election in the Commonwealth of Massachusetts proposed the following Amendment:

“Section 1. We the People have compelling sovereign interests in representative self-government, federalism, the integrity of the electoral process, and the political equality of natural persons.

Section 2. Nothing in this Constitution shall be construed to forbid Congress or the States, within their respective jurisdictions, from reasonably regulating and limiting contributions and expenditures in campaigns, elections, or ballot measures.

Section 3. Congress and the States shall have the power to implement and enforce this article by appropriate legislation, and may distinguish between natural persons and juridical persons, including by prohibiting juridical persons from raising and spending money in campaigns, elections, or ballot measures.”

now therefore be it

Resolved, that the Massachusetts General Court hereby memorializes the Congress of the United States to pass and send to the states for ratification a Constitutional amendment to restore the First Amendment and fair elections to the people such as that proposed above; and be it further

Resolved, that a copy of these resolutions be transmitted forthwith by the Clerk of the House of Representatives to the President of the United States, to the presiding officer of each branch of Congress and to the members of those branches from the Commonwealth of Massachusetts.