SF 4368

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:25pm

A resolution
memorializing Congress to propose an amendment to the United States Constitution
to allow the reasonable regulation of political contributions and expenditures by
corporations, unions, and individuals to protect the integrity of elections and the equal
right of all Americans to effective representation.

WHEREAS, the expanding influence of large independent political expenditures is a great
and growing concern to the people of the United States and of the State of Minnesota; and

WHEREAS, to ensure a strong democratic republic, the assurance of a fair and uncorrupted
election process is of the utmost importance, and the Minnesota Legislature believes that it is a
legitimate and vital role of government to regulate political expenditures in an even-handed manner;
and

WHEREAS, in fulfillment of this important role, the government of the United States and a
majority of states have regulated and limited independent and other political contributions and
expenditures; and

WHEREAS, the Supreme Court of the United States in Citizens United v. Federal Election
Commission, 558 U.S. 310 (2010), held that the First Amendment to the United States Constitution
prohibits Congress and the states from limiting or restricting independent political expenditures by
corporations and unions; and

WHEREAS, Citizens United has served as a precedent for further legal decisions that have
influenced our democratic system of government including American Tradition Partnership v.
Bullock, 567 U.S. 516 (2012), which struck down a long-standing Montana campaign finance law
denying a state the right to regulate independent political expenditures by corporations in state
elections, and McCutcheon v. Federal Election Commission, 134 S.Ct. 1434 (2014), which struck
down aggregate individual contribution limits; and

WHEREAS, the people of Minnesota and all other states should have the power to limit by
law the influence of money in political systems; and

WHEREAS, in the wake of Citizens United, there has been an exponential increase in large
political contributions and expenditures that threatens the integrity of the elections process, influences
our candidates, dilutes the power of individual voters, and impacts the public discourse; and

WHEREAS, Article V of the United States Constitution states that Congress, whenever 2/3
of both houses shall deem it necessary, shall propose amendments to the constitution; NOW,
THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it urges the Congress
of the United States to propose an amendment to the United States Constitution to allow the United
States government and individual state governments to regulate political contributions and
expenditures to protect political equality, and in doing so, may distinguish between the political
rights of natural persons and corporations, unions, and other artificial entities created by law.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is directed
to prepare copies of this resolution and transmit them to the Speaker and the Clerk of the United
States House of Representatives, the President and the Secretary of the United States Senate, and
to each member of the Minnesota Congressional delegation.