HOUSE MEMORIAL 55

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mimi Stewart

A MEMORIAL

EXPRESSING STRONG OPPOSITION TO THE UNITED STATES SUPREME COURT

RULING IN CITIZENS UNITED V. FEDERAL ELECTION COMMISSION

CONCERNING CORPORATE CAMPAIGN SPENDING AND REQUESTING CONGRESS

TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION.

     WHEREAS, on January 21, 2010, the United States supreme court, by a five to four decision in Citizens United v. Federal Election Commission, overturned several important provisions of the Bipartisan Campaign Reform Act of 2002, as well as earlier supreme court decisions, and swept away a century of tradition barring corporate spending in elections in the United States; and

     WHEREAS, the supreme court's ruling holds that corporations are guaranteed the rights of persons under the United States constitution and can exercise free speech by maintaining their own unlimited political campaigns outside the reach of federal laws that limit campaign contributions; and

     WHEREAS, prior to its holding in Citizens United, the United States supreme court had twice upheld certain limits on corporate campaign spending in McConnell v. Federal Election Commission and Austin v. Michigan Chamber of Commerce, where the court specifically noted that "[c]orporate wealth can unfairly influence elections"; and

     WHEREAS, in a ninety-page dissent, Justice John Paul Stevens said that the Citizens United decision represents a radical change in the law and "threatens to undermine the integrity of elected institutions across the Nation"; and

     WHEREAS, the supreme court's decision in Citizens United is premised on an illogical legal concept that corporations are persons who have the same free speech rights as individuals; and

     WHEREAS, in regard to elections, corporations are not legally similar to individual voters because they:

          A. can reside in multiple states or foreign countries;

          B. can be in existence for hundreds of years;

          C. cannot be incarcerated;

          D. cannot vote; and

          E. cannot independently formulate political opinions separate and distinct from the board of directors, executives, shareholders or employees; and

     WHEREAS, a shareholder in a large corporation has very little control over how a corporation spends the money of the corporation on individual campaign expenditures; and

     WHEREAS, on the basis of protecting the free speech rights of corporations, Citizens United will now allow corporations to spend unprecedented amounts of money on political campaigns; and

     WHEREAS, as a result of Citizens United, there is likely to be a chilling effect on the willingness of candidates and elected officials to advocate and implement policies that advance the public interest but that may be against corporate interests; and

     WHEREAS, the decision in Citizens United grants excessive power to corporate interests and threatens to overwhelm the voice of individual citizens in the political process; and

     WHEREAS, the first amendment to the United States constitution was designed to protect the free speech rights of people, not corporations;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that it express strong opposition to the supreme court's decision in Citizens United v. Federal Election Commission and call upon the United States congress to propose and send to the states for ratification an amendment to the United States constitution to restore free speech and fair elections to the people of the United States; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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