This joint resolution proposes a constitutional amendment giving Congress and states the power to regulate (1) donations to candidates for public office, and (2) donations used for media advertisements intended to influence the outcome of an election or direct vote.
The amendment prohibits noncitizens or foreign agents from (1) donating to a candidate for public office, or (2) making donations intended to influence the outcome of an election or direct vote.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 21 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. J. RES. 21
Proposing an amendment to the Constitution of the United States giving
Congress power to regulate campaign contributions for Federal
elections.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Schrader submitted the following joint resolution; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States giving
Congress power to regulate campaign contributions for Federal
elections.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years after the date of its submission for ratification:
``Article--
``Section 1. The Congress shall have power to prohibit, limit, and
otherwise regulate the contribution of funds or donation of in-kind
equivalents to candidates standing for election to a Federal office in
the United States and to prohibit, limit, and otherwise regulate the
expenditure of funds or donation of in-kind equivalents used to support
or purchase media advertisements intended to influence the outcome of
an election for Federal office in the United States.
``Whenever Congress should exercise such power, it must apply
equally and uniformly to all individual persons recognized as citizens
of the United States.
``Whenever Congress should exercise such power on associations of
citizens of the United States, it must apply equally and uniformly to
all associations of citizens of the United States.
``Section 2. Each of the several States shall have power to
prohibit, limit, and otherwise regulate the contribution of funds or
donation of in-kind equivalents to candidates standing for election to
public office in the State and to prohibit, limit, and otherwise
regulate expenditure of funds or donation of in-kind equivalents used
to support or purchase media advertisements intended to influence the
outcome of an election for public office or plebiscite in the State.
``Whenever a State should exercise such power, it must apply
equally and uniformly to all individual persons recognized as citizens
of the State.
``Whenever a State should exercise such power on associations of
citizens of the State, it must apply equally and uniformly to all
associations of citizens of the State.
``Section 3. A person who is not a citizen of the United States,
including an association of persons who are not citizens of the United
States, a foreign government, or any person acting as an agent thereof,
may not contribute funds or donate in-kind equivalents to candidates
standing for election to public office in the United States or
otherwise expend funds or donate in-kind equivalents in a manner
intended to influence the outcome of an election for public office or
plebiscite in the United States.
``Section 4. The powers provided by this article are limited to the
content neutral regulation of political contributions and political
expenditures.
``Section 5. Congress shall have the power to enforce this article
by appropriate legislation.''.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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