Senate Joint Resolution 5 - Introduced SENATE JOINT RESOLUTION 5 BY BOLKCOM and KINNEY SENA TE JOINT RESOLUTION A Joint Resolution requesting the call of a constitutional 1 convention in order to propose an amendment to the 2 Constitution of the United States to allow Congress and the 3 states to prohibit or otherwise regulate the expenditure 4 of funds for political speech by any corporation, limited 5 liability company, or other corporate entity. 6 WHEREAS, by a ruling of the United States supreme court, 7 a corporation, limited liability company, or other type of 8 corporate entity is now accorded greater rights of political 9 activity than was previously lawful; and 10 WHEREAS, those rights now allow a corporation, a limited 11 liability company, or other type of corporate entity to use 12 general treasury funds to make independent expenditures for 13 electioneering communications or for speech that expressly 14 advocates the election or defeat of a candidate for public 15 office; and 16 WHEREAS, this ruling overturns a century of legislative 17 and judicial determinations making a distinction between the 18 political free speech of natural persons and political activity 19 by corporate entities; and 20 WHEREAS, a corporate entity has far greater economic 21 resources than does a natural person and may use those 22 resources to advance political ideas; and 23 WHEREAS, restriction and regulation of corporate political 24 activity is essential to prevent domination of the political 25 process by corporate entities; NOW THEREFORE, 26 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 27 TLSB 2103XS (2) 87 aw/rj

S.J.R. 5 That pursuant to Article V of the Constitution of the United 1 States, the general assembly, as the legislature of the state 2 of Iowa, makes application to the Congress of the United States 3 to call a convention for the specific and exclusive purpose of 4 proposing an amendment to the Constitution of the United States 5 as set forth in substance in this resolution, for submission to 6 the states for ratification. 7 BE IT FURTHER RESOLVED, That if, within sixty days after the 8 legislatures of two-thirds of the states make application for 9 such convention, Congress proposes and submits to the states 10 for ratification an amendment to the Constitution of the United 11 States which empowers Congress and the states to regulate the 12 expenditure of funds for political speech by any corporation, 13 limited liability company, or other corporate entity, in a 14 manner substantially similar to the manner contained in this 15 Joint Resolution, then this application for a convention shall 16 no longer be of any force and effect. 17 BE IT FURTHER RESOLVED, That if the convention is not 18 limited to the specific and exclusive purposes of this Joint 19 Resolution, this application and request shall be null and 20 void, and shall be rescinded and of no effect. 21 BE IT FURTHER RESOLVED, That this application constitutes 22 a continuing application in accordance with Article V of the 23 Constitution of the United States, until at least two-thirds 24 of the legislatures of the several states have made application 25 for a similar convention under Article V, or the Congress has 26 proposed the amendment called for by this Joint Resolution, or 27 the general assembly acts to withdraw this application. 28 “ARTICLE 29 SECTION 1. The sovereign right of the people to govern 30 being essential to a free democracy, Congress and the states 31 may prohibit or otherwise regulate the expenditure of funds for 32 political speech by any corporation, limited liability company, 33 or other corporate entity. 34 SEC. 2. Nothing contained in this article shall be construed 35 -1- LSB 2103XS (2) 87 aw/rj 1/ 3

S.J.R. 5 to abridge the freedom of the press.”; and 1 BE IT FURTHER RESOLVED, That the Secretary of State 2 shall transmit certified copies of this Joint Resolution 3 to the President and Secretary of the United States 4 Senate, the Speaker and Clerk of the United States House of 5 Representatives, the presiding officer in each house of the 6 legislature in each of the states in the union, and each member 7 of the Iowa congressional delegation. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This joint resolution constitutes a petition requesting the 12 United States Congress to call a constitutional convention in 13 order to propose an amendment to the Constitution of the United 14 States relating to corporate political speech and submit it to 15 the states for ratification. 16 The joint resolution also provides that it shall serve 17 as a continuing application to call a constitutional 18 convention, until at least two-thirds of the legislatures 19 of the several states have made application for a similar 20 convention or the Congress has proposed the amendment called 21 for by this joint resolution. The joint resolution requires 22 that if Congress proposes and submits to the states for 23 ratification an amendment to the Constitution of the United 24 States substantially similar to the amendment set forth in 25 this resolution within 60 days after the requisite number of 26 legislatures make application for a constitutional convention, 27 then this state’s application for a convention shall no longer 28 have any force and effect. The joint resolution provides that 29 the general assembly may withdraw this application. 30 The joint resolution provides that if the constitutional 31 convention is not limited to the specific and exclusive 32 purposes of the resolution, that the application and request 33 shall be null and void, and shall be rescinded and of no 34 effect. 35 -2- LSB 2103XS (2) 87 aw/rj 2/ 3

S.J.R. 5 The proposed amendment to the Constitution of the United 1 States contained in the joint resolution would specifically 2 allow Congress and the states to prohibit or regulate the 3 expenditure of funds for political speech by any corporation, 4 limited liability company, or other corporate entity. 5 The joint resolution requires the Secretary of State to 6 transmit certified copies of this resolution to the President 7 and Secretary of the United States Senate, the Speaker and 8 Clerk of the United States House of Representatives, the 9 presiding officer in each house of the legislature in each 10 of the states in the union, and to each member of the Iowa 11 congressional delegation. 12 -3- LSB 2103XS (2) 87 aw/rj 3/ 3