Free and fair elections.

WORKING DRAFT
2017
State of Wyoming
17LSO-0668
Introduced
1.2

House

JOINT RESOLUTION
NO.

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Free and fair elections.

Sponsored by:
Representative(s) Gierau, Connolly, Freeman and Schwartz

A JOINT RESOLUTION

for

A JOINT RESOLUTION urging Congress to propose a constitutional amendment ensuring free and fair elections.

WHEREAS,
Article 1, Section 1 of the Wyoming Constitution provides that
:
"A
ll power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such
manner as they may think proper;" and

WHEREAS,
Article 1, Section
2
of the Wyoming Constitution provides that
:
"
In their inherent right to life, liberty and the pursuit of happiness, all memb
ers of the human race are equal;" and

WHEREAS, the words "human race" in Article 1, Section 2 of the Wyoming Constitution preserve political rights only for natural person
s
, giving no such protections to artificial person
s
such as corporations; and

WHEREAS, Article 10, Section 2 of the Wyoming Constitution provides that
:
"
All powers and franchises of corporations are derived from the people and are granted by their agent, the government, for the public good and general welfare, and the right and duty of the state to control and regulate them for th
ese purposes is hereby declared;" and

WHEREAS, the United States Supreme Court has ruled that Congress and the states lack
authority
to ban independent corporate expenditures to political campaigns for public office, relying on the concept that the spending of money to elect a candidate is
protected
speech; and

WHEREAS, this United States Supreme Court precedent has allowed the creation of super political action committees in campaigns for public office
, which
have made
possible
unregulated campaign expenditures in unprecedented amounts; and

WHEREAS, the Legislature of the State of Wyoming
has grave concerns that corporations have privileges not enjoyed by natural persons, such as limited liability, perpetual life and favorable treatment of their accumulation and distribution of assets, which
may enable
corporations to financially overwhelm individual natural persons in the political process; and

WHEREAS, Congress, state legislatures and local legislative bodies should have the authority to regulate political cont
ributions and expenditures; and

WHEREAS, based on the American value of ensuring that all citizens, regardless of wealth have an opportunity for their political views to be heard, there is a compelling reason to r
egulate political spending; and

WHEREAS, a
constitutional
amendment is required to overturn United States Supreme Court precedent interpreting the
United States C
onstitution
.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LEGISLATURE OF THE STATE OF WYOMING:

Section 1
.

That the Legislature of the State of Wyoming respectfully urges the Congress of the United States
to
propose and send to the states for ratification an amendment to the United States Constitution consistent with the findings of this
resolution
clarifying the distinction between the rights of natural persons and the rights of corporations and other legal entities and providing that Congress and state legislatures may regulate all moneys raised and spent for political purposes.

Section 2.

That the Secretary of State of Wyoming transmit copies of this resolution to the President of the United States, to the President of the Senate and the Speaker of the House of Representatives of the United States Congress and to the Wyoming Congressional Delegation.

(END)

1

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