Initiative Measure No. 735 concerns a proposed amendment to the federal constitution.
This measure would urge the Washington state congressional delegation to propose a federal constitutional amendment that constitutional rights belong only to individuals, not corporations, and constitutionally-protected free speech excludes the spending of money.
Should this measure be enacted into law?
The Law as it Presently Exists
The United States Supreme Court has held that the First Amendment to the United States Constitution protects the right of individuals to contribute money to candidates running for office and to spend money independently to support or oppose candidates. In 2010, the Court held in a case called Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), that the First Amendment also gives corporations a right to independently spend money to support or oppose candidates.
An amendment changing the United States Constitution may be proposed either by the United States Congress or by a constitutional convention called for by two-thirds of the States' legislatures. A proposed amendment becomes a part of the Constitution if it is ratified by three-fourths of the States. The amendment process is described in Article V of the United States Constitution.
The Effect of the Proposed Measure, if Approved
The measure would urge Washington's current and future members of Congress to propose a joint resolution to amend the United States Constitution. The proposed amendment would state that constitutional rights belong only to individual human beings; that spending money is not free speech under the First Amendment; that governments are fully empowered to regulate political contributions and expenditures to prevent undue influence on government; and that political contributions and expenditures must be promptly disclosed to the public.
The measure would urge Washington's members of Congress to choose an amendment ratification method that will best ensure that the people are heard and represented during the ratification process. It would also urge current and future Washington legislatures to ratify such an amendment when passed by the United States Congress and delivered to the States for ratification.
Finally, the measure would provide that immediately after the measure is enacted, the Washington Secretary of State is directed to deliver copies of the measure to the Washington State Governor, all current members of the Washington State Legislature, all current members of the United States Congress, and the President of the United States.