Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3768 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3489 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3768
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
12	12	resolution:
13	13	Resolutions for an application to Congress for an amendment overturning Citizens United.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/20/2023David Paul Linsky5th Middlesex1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023James K. Hawkins2nd Bristol1/27/2023Michelle M. DuBois10th Plymouth1/31/2023Ryan M. Hamilton15th Essex2/2/2023Tricia Farley-Bouvier2nd Berkshire2/14/2023Patrick Joseph Kearney4th Plymouth2/16/2023Brian W. Murray10th Worcester2/17/2023James B. EldridgeMiddlesex and Worcester2/18/2023 1 of 3
17	17	HOUSE DOCKET, NO. 3489 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3768
19	19	By Representative Gentile of Sudbury, a petition (accompanied by resolutions, House, No. 3768)
20	20	of Carmine Lawrence Gentile and others for the adoption of resolutions memorializing the
21	21	Congress of the United States to pass and send to the states for ratification a constitutional
22	22	amendment to restore the first amendment and fair elections to the people. Veterans and Federal
23	23	Affairs.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	Resolutions for an application to Congress for an amendment overturning Citizens United.
30	30	1 Memorializing the Congress of the United States to pass and send to the states for
31	31	2ratification a constitutional amendment to restore the first amendment and fair elections to the
32	32	3people.
33	33	4 Whereas, for the past 4 decades, a divided United States Supreme Court has allowed for
34	34	5corporations, unions, political action committees and super political action committees to
35	35	6influence the political process and democratically-enacted reforms; and
36	36	7 Whereas, the first amendment has been greatly impacted by the United States Supreme
37	37	8Court’s ruling in Citizens United v. the Federal Elections Commission; and
38	38	9 Whereas, the United States Supreme Court’s ruling in Citizens United overturned
39	39	10longstanding precedent prohibiting these interests from spending general treasury funds in
40	40	11democratic elections; and 2 of 3
41	41	12 Whereas, the United States Supreme Court’s ruling in Citizens United will allow
42	42	13corporations, unions, political action committees and super political action committees limitless
43	43	14and unprecedented campaign spending and disproportionate influence, threatening the fairness of
44	44	15the democratic process; and
45	45	16 Whereas, the people of the United States have previously used the Constitutional
46	46	17amendment process to overturn Supreme Court decisions that present a risk to the democratic
47	47	18process and self government; and in 2018 the Commonwealth of Massachusetts Citizens
48	48	19Commission Concerning a Constitutional Amendment for Government of the People created by
49	49	20the overwhelming affirmative vote of Ballot Question 2 in the 2018 general election in the
50	50	21Commonwealth of Massachusetts proposed the following Amendment:
51	51	22 “Section 1. We the People have compelling sovereign interests in representative self-
52	52	23government, federalism, the integrity of the electoral process, and the political equality of natural
53	53	24persons.
54	54	25 Section 2. Nothing in this Constitution shall be construed to forbid Congress or the
55	55	26States, within their respective jurisdictions, from reasonably regulating and limiting contributions
56	56	27and expenditures in campaigns, elections, or ballot measures.
57	57	28 Section 3. Congress and the States shall have the power to implement and enforce this
58	58	29article by appropriate legislation, and may distinguish between natural persons and juridical
59	59	30persons, including by prohibiting juridical persons from raising and spending money in
60	60	31campaigns, elections, or ballot measures.”
61	61	32 now therefore be it 3 of 3
62	62	33 Resolved, that the Massachusetts General Court hereby memorializes the Congress of the
63	63	34United States to pass and send to the states for ratification a Constitutional amendment to restore
64	64	35the First Amendment and fair elections to the people such as that proposed above; and be it
65	65	36further
66	66	37 Resolved, that a copy of these resolutions be transmitted forthwith by the Clerk of the
67	67	38House of Representatives to the President of the United States, to the presiding officer of each
68	68	39branch of Congress and to the members of those branches from the Commonwealth of
69	69	40Massachusetts.