I proposed this memorial to our Senators and Representatives during the 2011 New Mexico Legislative session. Six Senators and two Representatives agreed to support it, including the late Representative Jeannette Wallace and all three of the Senators whose districts include portions of Los Alamos County. The memorial was not voted upon before the session ended.

Proposed Memorial (Draft #2, February 23, 2011): Contribution Limits and Names of Donors

A MEMORIAL AFFIRMING THE PEOPLE'S RIGHT TO SET CAMPAIGN CONTRIBUTION LIMITS AND TO KNOW THE NAMES OF CONTRIBUTORS, AND REQUESTING CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION.

WHEREAS, on the basis of the Constitutional guarantee of the right to free speech, the January 21, 2010 Citizens United v. Federal Elections Commission decision of the United States Supreme Court removed some limits on corporate funding of political campaigns, and calls into question the legality of any such contribution limits; and

WHEREAS, on the basis of Constitutional guarantees of free speech, free association, and due process, arguments have been made against the Constitutionality of required reporting of the names of contributors to political campaigns; and

WHEREAS, corporations, political groups, unions, as well as individual citizens, may all have legitimate concerns that deserve to be heard in political campaigns; and

WHEREAS, the resources that are available to any individual, corporation, or other group to participate in the free speech of a political campaign will vary widely, so that in order to prevent the spending of a single group from dominating the public debate, it is in the public interest that limits may be set on the amount of spending that may be done by any single participant; and

WHEREAS, it is further in the public interest that the names and addresses of all contributors to political campaigns be made promptly publicly available; and

WHEREAS, the Legislature of the State of New Mexico has previously passed laws establishing such campaign contribution limits and donor name reporting requirements, and continues to affirm the right of the people to establish and benefit from such laws;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that: it is the right of the people, through their elected government, to set limits on the amount of monetary or in-kind contributions by individuals, corporations, political parties, unions, or other groups to the campaigns of political candidates or electoral propositions for a given election, and furthermore it is the right of the people to know promptly (that is, allowing time to report and publicly post such information) the names and addresses of all who make such direct or indirect contributions to political campaigns; and that it call upon the United States Congress to propose an amendment to the United States Constitution affirming these rights; and

BE IT FURTHER RESOLVED that copies of this memorial be transmitted to members of the New Mexico congressional delegation