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HJ0005 • 2021

Protecting Wyoming citizen's voices.

A JOINT RESOLUTION urging Congress to propose a constitutional amendment allowing Congress and states to regulate political spending to ensure free and fair elections and to empower the voices of Wyoming human citizens.

Elections
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Duncan
Last action
2021-03-08
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The official source material does not provide specific details on the concerns of Wyoming residents regarding corporate influence.

Protecting Citizens' Voices in Wyoming

This resolution asks the U.S. Congress to propose a constitutional amendment that would allow federal and state governments to regulate political spending to ensure fair elections and empower citizens.

What This Bill Does

  • Urges Congress to propose an amendment to the Constitution allowing regulation of political spending by both federal and state governments.
  • Claims that current laws do not adequately control political spending, which can be unfair.

Who It Names or Affects

  • Wyoming citizens
  • Congress of the United States
  • State legislatures

Terms To Know

Constitutional amendment
A change to the U.S. Constitution that needs approval from Congress and state governments.
Political spending
Money used by individuals or groups to influence elections, such as through advertising or donations.

Limits and Unknowns

  • The resolution did not pass in the session it was introduced.
  • It does not specify how political spending should be regulated.
  • It only urges Congress to propose an amendment but does not create any laws itself.

Bill History

  1. 2021-03-08 House

    H Did Not Consider for Introduction

  2. 2021-03-08 House

    H Did not Consider for Introduction

  3. 2021-02-24 House

    H Received for Introduction

  4. 2021-02-12 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
21LSO-0486
2021
State of Wyoming
21LSO-0486
Numbered
2.0

House JOINT RESOLUTION
NO.
HJ0005

Protecting Wyoming citizen's voices.

Sponsored by: Representative(s) Duncan, Barlow, Oakley, Sweeney and Zwonitzer and Senator(s) Wasserburger

A JOINT RESOLUTION

for

A JOINT RESOLUTION urging Congress to propose a constitutional amendment allowing Congress and states to regulate political spending to ensure free and fair elections and to empower the voices of Wyoming human citizens.

WHEREAS, Article 1, Section 1 of the Wyoming Constitution provides that: "All 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 members 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 persons, giving no such protections to entities authorized by statute 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 these 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 for the creation of super political action committees in campaigns for public office, which have made possible unregulated campaign expenditures in unprecedented amounts; and

WHEREAS, much of this flood of unregulated campaign spending is contributed and controlled by individuals not residing in Wyoming and whose political goals may partly or wholly differ from those of Wyoming residents; and

WHEREAS, the Wyoming Legislature 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 have enabled these entities 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 contributions 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 regulate political spending; and

WHEREAS, a constitutional amendment would overrule United States Supreme Court precedent interpreting the United States Constitution.

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

Section 1.
That the Wyoming Legislature 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, unions and other non-human legal entities and providing that Congress
and state legislatures may regulate all monies 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, the President of the Senate and the Speaker of the House of Representatives of the United States Congress and the Wyoming Congressional Delegation.

(END)
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HJ0005