THE SENATE	S.R. NO.	68
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

SENATE RESOLUTION

REQUESTING HAWAII'S CONGRESSIONAL DELEGATION TO PROPOSE AMENDMENTS TO THE UNITED STATES CONSTITUTION TO ADDRESS CAMPAIGN SPENDING issues UNDER THE HOLDING OF cITIZENS UNITED V. FEDERAL ELECTION COMMISSION.

     WHEREAS, federal statutes and regulations prohibited corporations and unions from using their general treasury funds to make independent expenditures for speech that is an "electioneering communication" or for speech that expressly advocates the election or defeat of a candidate (§203, Bipartisan Campaign Reform Act of 2002); and

     WHEREAS, however, the United States Supreme Court in the case of Citizens United v. Federal Election Commission (130 S.Ct. 876, 2010) held in pertinent part as follows:

Although the First Amendment provides that "Congress shall make no law . . . abridging the freedom of speech," §441b's prohibition on corporate independent expenditures is an outright ban on speech, backed by criminal sanctions. It is a ban notwithstanding the fact that a PAC created by a corporation can still speak, for a PAC is a separate association from the corporation. Because speech is an essential mechanism of democracy—it is the means to hold officials accountable to the people—political speech must prevail against laws that would suppress it by design or inadvertence.  (emphasis added); and

     WHEREAS, the effect of Citizens United v. Federal Election Commission gives special interests and their lobbyists even more power in Washington, D.C., while undermining the influence of average Americans who make small contributions to support their preferred candidates; and

     WHEREAS, Citizens United v. Federal Election Commission represents a serious abrogation of rights in a democracy to freely elect representatives to Congress and to state legislatures; and

     WHEREAS, the United States Supreme Court based its holding on constitutional rights as embodied in the United States Constitution; and

     WHEREAS, redressing the impact of the Court's decision requires an amendment to the United States Constitution, which may be made by the Congress upon proposition of amendments to the Constitution and ratification by voters (Article V, Constitution of the United States of America); and

     WHEREAS, an amendment to the United States Constitution is necessary to right the imbalance in the election system created by Citizens United v. Federal Election Commission; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, that United States Senator Daniel K. Inouye, United States Senator Daniel K. Akaka, United States Representative Maizie Hirono, and United States Representative Colleen Hanabusa are requested to propose amendments to the United States Constitution to address campaign spending issues under the holding of Citizens United v. Federal Election Commission; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to United States Senator Daniel K. Inouye, United States Senator Daniel K. Akaka, United States Representative Maizie Hirono, and United States Representative Colleen Hanabusa.

OFFERED BY:

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Report Title:

Citizens United v. FEC; U.S. Constitutional Amendment