HomeMy WebLinkAbout09-25-2012 c3 constitutional amendment resocounci ljAGO') OA Rep ORt
'Meeting Dat e
9/25/1 2'Item Number IC3•
C I T Y O F S A N L U I S O B I S P O
FROM :Michael Codron, Assistant City Manage r
Prepared By :April Richardson, Administration Executive Assistan t
SUBJECT :RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT RESTRICTIN G
CORPORATE SPENDING IN THE ELECTORAL PROCES S
RECOMMENDATIO N
Adopt a resolution supporting a Constitutional Amendment or legislative actions restricting corporat e
spending in the electoral process and ensuring that only human beings, not corporations, hav e
constitutionally protected rights of free speech.
DISCUSSION
On September 4, 2012, Council received a presentation from Move to Amend, encouraging adoption of a
resolution in support of the movement to restrict corporate spending in elections . Council directed staff to
evaluate the issue and return with a recommendation on the September 25 agenda .
The U .S . Supreme Court's 5-4 ruling in Citizens United v . the Federal Election Commission rolled back lega l
restrictions on corporate spending in the electoral process by abolishing legal limits on personal an d
•corporate spending. The ruling endowed corporations with constitutional rights and protected corporat e
spending under the Constitutional Amendment of free speech .
Move to Amend is a coalition of organizations and individuals that supports an amendment to the Unite d
States Constitution to state that inalienable rights belong to human beings only, and that spending money o n
campaigns is not a form of protected free speech under the First Amendment and can be regulated . Move to
Amend has successfully petitioned hundreds of municipal agencies across the country to adopt resolutions
restricting corporate funding in elections .
Adoption of the attached resolution by the City Council would support a Constitutional Amendment a s
requested by Move to Amend . The attached resolution was modeled on those adopted by other jurisdiction s
in the State . The resolution focuses on the overwhelming impact on the electoral process that results fro m
allowing unlimited spending by corporations to influence elections, candidates, and policies, and states tha t
the City of San Luis Obispo recognizes the importance of fair and democratic elections .
FISCAL IMPAC T
There is no fiscal impact associated with adoption of this Resolution .
ATTACHMEN T
Draft Resolution
nsaWtional amendment reso (codmn)kar-mnsOWEonaamentlresodocx•
C3-1
RESOLUTION NO.(200X Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
SUPPORTING A CONSTITUTIONAL AMENDMENT RESTRICTING CORPORAT E
SPENDING IN THE ELECTORAL PROCES S
WHEREAS,the 2010 U .S . Supreme Court decision Citizens United v . Federal Electio n
Commission extended individual free speech rights to corporations by holding that corporation s
have the same First Amendment rights to free speech as individual persons ; and
WHEREAS,the Supreme Court ruled that the First Amendment prohibits governmen t
from restricting political expenditures by corporations ; an d
WHEREAS,the prohibition against legal restrictions on political expenditures b y
corporations has an overwhelming impact on the electoral process allowing unlimited spendin g
by corporations to influence elections, candidates, and policies ; and
WHEREAS,the Citizens United decision supersedes state and local efforts to regulat e
corporate activity in theft elections ; and
WHEREAS,the City of San Luis Obispo recognizes the importance of fair an d
democratic elections .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo that the City join with other cities across the country seeking an amendment to the Unite d
States Constitution to limit the individual rights of corporations and restrict corporate spending i n
the electoral process .
BE IT FURTHER RESOLVED that Senators Barbara Boxer and Dianne Feinstein, an d
Congressperson Lois Capps receive a copy of this resolution .
Upon motion of , seconded by
and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of 200x .
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C3-2
Mayor Jan Marx
ATTEST :
Maeve Kennedy Grime s
City Clerk
APPROVED AS TO FORM :
J . Christine Dietric k
J . Christine Dietric k
City Attorney
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