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City of
Santa Monica
City Council Report
City Council Meeting: March 27, 2012
Agenda Item: 8 -C
To: Mayor and City Council
From: Dean Kubani, Director, Office of Sustainability and the Environment
Subject: Resolution to Safeguard Free and Fair Elections and Our Democratic
Process
Recommended Action
Staff recommends that the City Council adopt the attached resolution to safeguard free
and fair elections and our democratic process.
Executive Summary
On January 24, 2012, the Council considered adopting a resolution supporting the Move
To Amend coalition's campaign regarding the influence of corporations in the electoral
process. Council directed staff to return with a different resolution that expresses
support for overturning the U.S Supreme Court's Citizens United v. Federal Election
Commission decision, for the idea that money is not the same as speech, and for an
amendment to the U. S constitution that prohibits corporate contributions to political
campaigns.
Background
On January 21, 2010 the U.S. Supreme Court issued a ruling in Citizens United v.
Federal Election Commission that rolled back legal limits on corporate spending in the
electoral process and affirmed that corporations have the rights of "persons." In the
wake of this ruling a coalition called MovetoAmend.org was created with the primary
goal of amending the U.S. Constitution "to firmly establish that money is not speech,
and that human beings, not corporations, are persons entitled to constitutional rights."
it
Santa Monica's Task Force on the Environment unanimously adopted a motion on
December 19, 2011 recommending that City Council adopt a resolution in support of a
campaign by MovetoAmend.org to amend the U.S. Constitution to clearly establish that
corporations do not have the same rights as individuals.
Discussion
A draft resolution prepared by MovetoAmend.org urging Santa Monica's elected federal
representatives and other communities and jurisdictions to take similar action, and
supporting efforts to increase public awareness about the threats to democracy posed
by "corporate personhood," was presented to Council on January 24, 2012. At that
meeting Council members discussed the draft resolution but did not vote to approve it
citing concern over its wording. Council asked staff to return with a revised version of
the resolution that:
1. Expresses support for overturning the Citizens United decision
2. Expresses support for the idea that money is not the same as speech
3. Expresses support for an amendment to the U.S. Constitution so as to prohibit
corporate contributions to political campaigns.
The revised resolution incorporating these themes is included as Attachment 1. The
Task Force on the Environment reviewed and commented on the revised resolution at
their February 27, 2012 meeting and unanimously adopted a motion recommending that
Council adopt the attached revised resolution, which incorporates the Task Force
comments.
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Financial Impacts & Budget Actions
There are no financial impacts or budget actions associated with the adoption of this
resolution.
Prepared by: Dean Kubani, Director, Office of Sustainability and the Environment
Approved:
Dean Kubani
Director, Office of Sustainability and the
Environment
Attachments:
Forwarded to Council:
Rod Gould
City Manager
1. Resolution to Safeguard Free and Fair Elections and Our Democratic Process
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Reference Resolution No.
10669 (CCS).