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HOUSE JOINT RESOLUTION NO. 25
INTRODUCED BY T. WOODS
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA URGING THE RESTORATION OF FREE AND FAIR ELECTIONS IN AMERICA; AND PROVIDING FOR THE APPLICATION FOR AN ARTICLE V AMENDMENT CONVENTION TO BE CALLED FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES.
WHEREAS, the framers of the Constitution of the United States of America intended that the Congress of the United States of America should be "dependent on the people alone" (James Madison, Federalist 52); and
WHEREAS, that dependency has evolved from a dependency on the people alone to a dependency on powerful special interests through campaigns or third-party groups that has created a fundamental imbalance in our representative democracy; and
WHEREAS, Americans across the political spectrum agree that elections in the United States of America should be free from the disproportional influence of special interests and fair enough that any citizen can be elected into office; and
WHEREAS, Article I, section 1, of the Constitution of the State of Montana states that "[a]ll government of right originates with the people, is founded upon their will only" and Article I, section 2, provides that the people may "alter . . . the constitution and form of government whenever they deem it necessary"; and
WHEREAS, Article V of the United States Constitution requires Congress to call a convention for proposing amendments to the United States Constitution "on the application of the legislatures of two thirds of the several states"; and
WHEREAS, the Montana Legislature perceives the need for an amendment convention in order to restore balance and integrity to our elections by proposing an amendment to the federal Constitution that will permanently protect free and fair elections in America by addressing, among other things, issues raised by the decisions of the United States Supreme Court in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and related cases and events, and desires that the amendment convention should be limited to those issues; and
WHEREAS, the Montana Legislature desires that the delegates to the amendment convention should be comprised equally of individuals currently elected to state and local office or selected by election in each congressional district in Montana for the purpose of serving as delegates, but that any individual who is or has ever been elected or appointed to federal office be prohibited from serving as a delegate to the convention; and
WHEREAS, the Montana Legislature intends to retain the ability to restrict or expand the power of its delegates within the limits expressed in this resolution; and
WHEREAS, the Montana Legislature intends that this joint resolution be a continuing application considered together with applications calling for a convention passed by the Vermont General Assembly (J.R.S. No. 27, 2014), the California Legislature (A.J.R. No. 1, 2014), the Illinois General Assembly (S.J.R. No. 42, 2014), the New Jersey Legislature (S.C.R. No. 132, 2015), the Rhode Island General Assembly (H.R. No. 7670, 2016, and S.R. 2589, 2016) and all other passed, pending, and future applications until such time as two-thirds of the several states have applied for a convention for a similar purpose and the amendment convention is convened by Congress.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the people of the State of Montana speaking through its legislature and pursuant to Article V of the United States Constitution hereby petition the United States Congress to call a convention for the exclusive purpose of proposing an amendment to the Constitution of the United States of America that will restore free and fair elections as described herein, as soon as two-thirds of the several states have applied for a convention for a similar purpose.
BE IT FURTHER RESOLVED, that the Secretary of State is directed to transmit copies of this joint resolution to:
(1) the President of the United States;
(2) the Vice President of the United States in the Vice President's capacity as presiding officer of the United States Senate;
(3) the Speaker of the United States House of Representatives;
(4) the Minority Leader of the United States House of Representatives;
(5) the President Pro Tempore of the United States Senate;
(6) each member of the Montana delegation to the United States Senate and the United States House of Representatives with the respectful request that the full and complete text of this resolution be printed in the Congressional Record; and
(7) the presiding officers of each legislative body of each of the several states requesting the cooperation of the states in issuing an application compelling Congress to call a convention for proposing an amendment pursuant to Article V of the United States Constitution.
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Latest Version of HJ 25 (HJ0025.01)
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