Below is the final draft of the City of Tucson Initiative proposed by the Tucson Move To Amend group.
(The group first began petitioning for a similar initiative focusing on Pima County, but realized it would not be feasible, given the need to resubmit it due to some jurisdictional bureaucratic issues, and the time constraint on gathering enough signatures, which was posed by the county election being less than a year away. The City election is not until 2015.)
City Of Tucson Support Of An Amendment To The U.S. Constitution To Establish That Corporations Are Not People And Money Is Not Speech
THEREFORE BE IT ORDAINED by initiative by the Citizens of Tucson, Arizona, the new ordinance of the Tucson City Ordinances:
Section.***.01. The Mayor and Council of Tucson shall designate the last Saturday in the month of February to be annual “Democracy Day" beginning in the year 2016. This day is in honor of the will of the voters of Tucson, who declare by passage of this initiative, that they support an amendment to the U.S. Constitution, which proclaims the following:
- Rights protected by the Constitution of the United States are the rights of natural persons only, and artificial entities established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law.
- The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.
- Money is not free speech, and Federal, State, and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate's own contributions and expenditures, to ensure that all citizens, regardless of their economic status, have access to the political process, and that no person gains, as a result of their money, substantially more access or ability to influence in any way the election of any candidate for public office or any ballot measure.
- Federal, State, and local government shall require that any permissible contributions and expenditures be publicly disclosed, and the judiciary shall not construe the spending of money to influence elections, to be speech under the First Amendment.
On Democracy Day each year, the Tucson Mayor and Council shall sponsor, coordinate, and facilitate a Public Hearing in a public space within the City. The Mayor and Council shall publicize the Public Hearing on its website and in local TV, radio and newspapers, at least one (1) month in advance of the Hearing. The Public Hearing shall examine the impact of money on elections, and discuss how to ensure that every election reflects the will of the voters.
The Democracy Day Public Hearing shall be attended by Tucson's Mayor and Council, each of whom shall have up to ten (10) minutes to speak, and shall address the impact of money on elections. After each one speaks, at least ten (10) minutes shall be provided to publicly answer pertinent questions from Tucson citizens. The Mayor and Council shall ensure that at least one of them is present throughout the hearing to hear Tucson citizens' comments, and answer questions.
Citizens of Tucson shall be permitted to make oral comments at the hearing, for a period not to exceed five (5) minutes per citizen, and may submit written comments before, during, or within one week after the hearing, all of which shall be made available to the public via the City of Tucson Website. Mayor and Council shall ensure that the entire proceeding, including all comments by the Mayor and Council and all other Tucson citizens, shall be videotaped and made available to the public via the City of Tucson Website.
Section.***.02. Within one (1) week following each annual Public Hearing, the Mayor and Council shall send a letter to all members of the Arizona House and Senate, and Tucson's U.S. Congressional Representatives, and both Arizona U.S. Senators, stating that the citizens of Tucson in November 2015, passed an initiative supporting an amendment to the United States Constitution as described in Section ***.01 above, and inquiring what progress has been made toward such an amendment.
Section.***.03. The annual Public Hearings will cease when a U.S. Constitutional amendment reflecting the principles set forth in Section ***.01 is ratified by ¾ of state legislatures.
Section.***.04. This initiative shall take effect and be included in the City Ordinances at the earliest date permitted by law.