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CONCURRENT RESOLUTION
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WHEREAS, We the people, the U.S. Congress, and the states |
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have a compelling interest in fostering robust political debate and |
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self-government, securing the liberty, political equality, and |
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equal free speech rights of our citizens, guarding against |
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corruption, protecting the integrity and fairness of elections, and |
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preserving federalism and the interest of the states; and |
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WHEREAS, Over time, the U.S. Supreme Court has gradually come |
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to equate unlimited spending to influence elections with "free |
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speech"; and |
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WHEREAS, The very privileges given to corporations or other |
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artificial entities that enhance their ability to attract capital |
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and maximize the return on their shareholders' investments also |
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give them financial capacity to engage in spending that drowns out |
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the individual voices of natural persons; and |
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WHEREAS, Corporations and other artificial entities may be |
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under the control of citizens of foreign countries who are |
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ineligible to participate in our elections; and |
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WHEREAS, Money from outside of Texas increasingly influences |
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the selection of candidates and election results in the state; and |
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WHEREAS, The influence of concentrated capital on our |
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political system, whether from wealthy individuals, corporations, |
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or other artificial entities, is damaging the interests of free |
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debate and speech for all citizens, weakening the rights of states |
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to self-governance in our federal system, increasing the risk of |
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systemic corruption, and forcing candidates and elected officials |
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to engage in a money arms race that distracts from their |
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responsibilities to their constituents; and |
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WHEREAS, As with previous occasions when the people have been |
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called to correct Supreme Court misinterpretations of the |
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Constitution, a constitutional amendment is necessary to correct |
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this situation; and |
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WHEREAS, Reasonable, content-neutral limits on the role of |
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money used to influence outcomes of elections are necessary to |
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secure the rights of all the citizens of our state to be represented |
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and to participate in elections and self-government regardless of |
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wealth, to protect the integrity of elections and government |
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against out-of-state and foreign interests and undue influence of |
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concentrated economic capital, and to advance other values |
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identified herein; now, therefore, be it |
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RESOLVED, That the 87th Legislature of the State of Texas |
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hereby respectfully urge the Congress of the United States to |
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propose and submit to the states for ratification an amendment to |
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the United States Constitution to clarify that states may set |
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reasonable limits on the raising and spending of money by |
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candidates and others to influence elections and ballot measures in |
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the states, and that Congress may set reasonable limits on the |
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raising and spending of money by candidates and others to influence |
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federal elections, and that in so doing the states and Congress may |
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distinguish between natural persons and corporations and other |
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artificial entities created by law, including prohibiting such |
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entities from spending money to influence elections and ballot |
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measures; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the speaker and the minority leader of |
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the United States House of Representatives, to the majority and |
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minority leaders of the United States Senate, and to each member of |
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the Texas congressional delegation with the request that this |
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resolution be entered in the Congressional Record as a memorial to |
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the Congress of the United States of America. |