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At the November 10, 2020 Council meeting, I proposed Resolution 20-18 "CALLING ON CONGRESS TO ENACT A CAMPAIGN FINANCE REGULATION AMENDMENT". Council passed the Resolution by a 6-1 vote.

INCORPORATED COUNTY OF LOS ALAMOS RESOLUTION NO. 20-18: CALLING ON CONGRESS TO ENACT A CAMPAIGN FINANCE REGULATION AMENDMENT: URGING CONGRESS TO CLARIFY THAT THE RIGHTS PROTECTED UNDER THE UNITED STATES CONSTITUTION ARE THE RIGHTS OF HUMAN BEINGS AND NOT THE RIGHTS OF ARTIFICIAL ENTITIES; THAT GOVERNMENTS MAY AND SHOULD REGULATE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES TO PROTECT THE PEOPLE FROM CORRUPTION AND UNDUE INFLUENCE IN ELECTIONS; AND ASKING THAT CONGRESS PROPOSE A CONSTITUTIONAL AMENDMENT TO PROVIDE SUCH CLARIFICATION.

WHEREAS, neither the Constitution of the United States nor any of its several amendments make any reference to corporations or other artificial, government-created entities, and the rights set forth therein were originally conceived as inalienable rights belonging inherently to human beings only; and;

WHEREAS, the Supreme Court of the United States in a number of cases has held that the right of free speech recognized in the Constitution also belongs to corporations and other artificial entities; and

WHEREAS, the Supreme Court of the United States has also held that certain types of campaign finance regulation impermissibly abridge the right of free speech of human beings, corporations and artificial entities, thereby limiting the right of the People to regulate campaign funding through Federal, State, or local law; and

WHEREAS, such Supreme Court decisions allow human beings, corporations, and other artificial entities to spend virtually unlimited amounts of money in support of or against candidates and ballot measures; and

WHEREAS, this situation undercuts the rights of citizens to prevent corruption and to enjoy equal and meaningful participation in the democratic process; and

WHEREAS, under Article V of the Constitution of the United States, the Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to said Constitution.

NOW, THEREFORE BE IT RESOLVED that the Council of the Incorporated County of Los Alamos, State of New Mexico, hereby requests that Congress propose and send to the states for ratification an amendment to the Constitution of the United States confirming that:

1. The rights protected by the Constitution of the United States are rights belonging to human beings only;

2. Artificial entities, such as corporations established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution, and are subject to regulation by the People, through federal, state, or local law. The privileges, benefits, limitations, obligations and responsibilities of artificial entities shall be determined by the People, through federal, state, or local law, and any such privileges or benefits shall not be construed to be inherent or inalienable;

3. The federal, state, and local governments have the power, authority and duty to regulate or limit campaign contributions and expenditures, including a candidate’s own contributions and expenditures, and may further set limits upon the timing of electioneering communications and the length of time of campaigns for election to public office, to prevent corruption, and to ensure that all citizens have fair representation and equal participation in the political process and that no person or entity gains undue or disproportionate influence on the election of any candidate for public office or any ballot measure;

4. The federal, state, and local governments shall require that all such campaign contributions and expenditures be publicly disclosed, and shall make the disclosed information timely available to citizens in an easily understandable manner; and

5. Such regulation enacted and performed in accordance with the intents and purposes of such an amendment shall not be construed as a violation of the Constitution.

BE IT FURTHER RESOLVED, that copies of this Resolution shall be transmitted to New Mexico’s delegation to Congress as well as to Los Alamos County’s representatives in the New Mexico Legislature.