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2023 - 2024 LEGISLATURE
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2023 SENATE JOINT RESOLUTIO N 82
October 30, 2023 - Introduced by Senators SMITH, LARSON, CARPENTER, HESSELBEIN
and SPREITZER, cosponsored by Representatives SUBECK, J. ANDERSON, C.
ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CONLEY, DRAKE,
EMERSON, JOERS, OHNSTAD, PALMERI, SHANKLAND, SHELTON, SINICKI, SNODGRASS
and JACOBSON. Referred to Committee on Licensing, Constitution and
Federalism.
Relating to: an advisory referendum on an amendment to the U.S. Constitution.
Analysis by the Legislative Reference Bureau
In the case of Citizens United v. F.E.C., the U.S. Supreme Court ruled that
corporations are “persons" for the purpose of political speech, thus allowing
corporations to make unlimited expenditures in political campaigns. The U.S.
Constitution grants Congress the power to propose amendments to the Constitution
that become effective when ratified by the legislatures of three-fourths of the states.
Amendments can have the effect of overturning—in effect repealing—prior decisions
of the Supreme Court. This resolution places a question on the November 2024 ballot
to ask the people if Congress should propose an amendment to overturn Citizens
United v. F.E.C.
Resolved by the senate, the assembly concurring, That the following
question be submitted, for advisory purposes only, to the voters of this state at the
general election to be held in November 2024:
QUESTION 1: Overturning Citizens United. “The U.S. Supreme Court's
decisions in Citizens United and related cases allow unlimited spending to influence
local, state, and federal elections. To allow all Americans to have an equal say in our
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democracy, shall Wisconsin's congressional delegation support, and the Wisconsin
Legislature ratify, an amendment to the U.S. Constitution stating:
1. Only human beings are endowed with constitutional rights—not
corporations, unions, nonprofit organizations, or other artificial entities; and
2. Money is not speech, and therefore limiting political contributions and
spending is not equivalent to limiting political speech?"
(END)
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