The Free and Fair Elections Amendment

The Free and Fair Elections Amendment

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 States:

ARTICLE —

SECTION 1. To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, the right of citizens of the United States to vote in elections in which campaign contributions and spending are subject to enforceable limits as set forth in this article, shall not be abridged by the United States.

SECTION 2. In any calendar year, no person may spend or contribute more than one hundred dollars for the purpose of influencing any other person’s election for the office of Representative, Senator, President, or Vice President; nor spend for the purpose of influencing elections, including their own, for the offices of Representative, Senator, President, or Vice President, or contribute to candidates for such offices, their campaigns, or political parties, more than an aggregate total of one thousand dollars; provided that Congress by law may prescribe lower limits and may periodically increase the amounts set forth in this section, but only to the extent required by changes in the value of money.

SECTION 3. No corporation or other entity created by law shall contribute or spend any amount for the purpose of influencing any election for the office of Representative, the Senate, the President, or the Vice President; but a political party or candidate’s campaign may spend the amounts prescribed by law.

SECTION 4. Within sixty days after ratification of this article, Congress shall enact legislation: To limit the amounts that candidates, their campaigns for the offices of Representative, Senator, President, or Vice President, and political parties may spend on such candidacies;

To provide public funding for all candidates who qualify for any primary, general, or special election ballot for Representative, Senator, President, or Vice President in any State or in the District constituting the seat of Government of the United States, equaling at least eighty percent of the amount that may be spent; but for candidates for President or Vice President, Congress shall prescribe by law the manner in which such amount shall be apportioned based on the States or District wherein such person qualifies;

To require disposition to the Treasury of unspent campaign funds after each election, without compensation; and

To enforce, with civil and criminal penalties, the limits and prohibitions in this article.

After one year from ratification of this article, no Senator or Representative shall receive any compensation or other emoluments from the United States during or for any period of time in office in either House during which the legislation required by this section shall not have been in effect.

SECTION 5. The judicial power of the United States shall extend to all suits by citizens of the United States arising under this article, including suits brought directly under this article to enforce its provisions.

SECTION 6. The States shall have power to implement and enforce reasonable regulations on the raising and spending of money by candidates and others to influence state or local elections, including but not limited to the limits and prohibitions in this article.

SECTION 7. This article shall not be construed to grant Congress or the States the power to abridge the freedom of the press.