1 | 1 | | 87R6111 BHH-D |
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2 | 2 | | By: Johnson S.C.R. No. 27 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, We the people, the U.S. Congress, and the states |
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7 | 7 | | have a compelling interest in fostering robust political debate and |
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8 | 8 | | self-government, securing the liberty, political equality, and |
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9 | 9 | | equal free speech rights of our citizens, guarding against |
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10 | 10 | | corruption, protecting the integrity and fairness of elections, and |
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11 | 11 | | preserving federalism and the interest of the states; and |
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12 | 12 | | WHEREAS, Over time, the U.S. Supreme Court has gradually come |
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13 | 13 | | to equate unlimited spending to influence elections with "free |
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14 | 14 | | speech"; and |
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15 | 15 | | WHEREAS, The very privileges given to corporations or other |
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16 | 16 | | artificial entities that enhance their ability to attract capital |
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17 | 17 | | and maximize the return on their shareholders' investments also |
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18 | 18 | | give them financial capacity to engage in spending that drowns out |
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19 | 19 | | the individual voices of natural persons; and |
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20 | 20 | | WHEREAS, Corporations and other artificial entities may be |
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21 | 21 | | under the control of citizens of foreign countries who are |
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22 | 22 | | ineligible to participate in our elections; and |
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23 | 23 | | WHEREAS, Money from outside of Texas increasingly influences |
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24 | 24 | | the selection of candidates and election results in the state; and |
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25 | 25 | | WHEREAS, The influence of concentrated capital on our |
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26 | 26 | | political system, whether from wealthy individuals, corporations, |
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27 | 27 | | or other artificial entities, is damaging the interests of free |
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28 | 28 | | debate and speech for all citizens, weakening the rights of states |
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29 | 29 | | to self-governance in our federal system, increasing the risk of |
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30 | 30 | | systemic corruption, and forcing candidates and elected officials |
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31 | 31 | | to engage in a money arms race that distracts from their |
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32 | 32 | | responsibilities to their constituents; and |
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33 | 33 | | WHEREAS, As with previous occasions when the people have been |
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34 | 34 | | called to correct Supreme Court misinterpretations of the |
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35 | 35 | | Constitution, a constitutional amendment is necessary to correct |
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36 | 36 | | this situation; and |
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37 | 37 | | WHEREAS, Reasonable, content-neutral limits on the role of |
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38 | 38 | | money used to influence outcomes of elections are necessary to |
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39 | 39 | | secure the rights of all the citizens of our state to be represented |
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40 | 40 | | and to participate in elections and self-government regardless of |
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41 | 41 | | wealth, to protect the integrity of elections and government |
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42 | 42 | | against out-of-state and foreign interests and undue influence of |
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43 | 43 | | concentrated economic capital, and to advance other values |
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44 | 44 | | identified herein; now, therefore, be it |
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45 | 45 | | RESOLVED, That the 87th Legislature of the State of Texas |
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46 | 46 | | hereby respectfully urge the Congress of the United States to |
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47 | 47 | | propose and submit to the states for ratification an amendment to |
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48 | 48 | | the United States Constitution to clarify that states may set |
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49 | 49 | | reasonable limits on the raising and spending of money by |
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50 | 50 | | candidates and others to influence elections and ballot measures in |
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51 | 51 | | the states, and that Congress may set reasonable limits on the |
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52 | 52 | | raising and spending of money by candidates and others to influence |
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53 | 53 | | federal elections, and that in so doing the states and Congress may |
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54 | 54 | | distinguish between natural persons and corporations and other |
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55 | 55 | | artificial entities created by law, including prohibiting such |
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56 | 56 | | entities from spending money to influence elections and ballot |
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57 | 57 | | measures; and, be it further |
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58 | 58 | | RESOLVED, That the Texas secretary of state forward official |
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59 | 59 | | copies of this resolution to the speaker and the minority leader of |
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60 | 60 | | the United States House of Representatives, to the majority and |
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61 | 61 | | minority leaders of the United States Senate, and to each member of |
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62 | 62 | | the Texas congressional delegation with the request that this |
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63 | 63 | | resolution be entered in the Congressional Record as a memorial to |
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64 | 64 | | the Congress of the United States of America. |
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