A joint resolution proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections.
- Bill Number
- S.J.Res. 43
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-03-27: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-23T10:56:28Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 43) proposes an amendment to the U.S. Constitution to empower Congress and state governments to regulate and limit the raising and spending of money in elections. The goal is to promote democratic self-government, ensure political equality among citizens, and safeguard the integrity of government and the voting process.
Key Provisions
- Section 1: Grants Congress and the states authority to set reasonable limits on how much money candidates, individuals, and other entities can raise or spend to influence election outcomes.
- Section 2: Allows Congress and the states to create and enforce laws to implement these limits. It explicitly permits distinguishing between natural persons (individual humans) and artificial entities (such as corporations or unions), including the option to ban such entities from using money to affect elections.
- Section 3: Clarifies that the amendment does not give Congress or the states the power to restrict freedom of the press (e.g., it protects journalistic activities from regulation under this amendment).
Significant Changes to Existing Law
- This amendment would alter interpretations from Supreme Court decisions, such as Citizens United v. FEC (2010), which equated campaign spending with free speech protected under the First Amendment and limited government regulation of corporate political expenditures.
- It introduces a constitutional basis for distinguishing between individuals and corporations in election finance, potentially reversing restrictions on limiting "dark money" (undisclosed political spending) and super PAC contributions.
Potential Impacts
- On Government Agencies: The Federal Election Commission (FEC) and state election bodies could gain broader authority to enforce new campaign finance rules, reducing legal challenges to regulations and streamlining oversight of election spending.
- On Citizens: Voters and everyday participants in politics might experience more equal access to the electoral process, as limits could curb the influence of wealthy donors or large organizations, fostering fairer representation.
- On International Relations: Minimal direct impact, though it could indirectly affect how foreign entities (prohibited from U.S. election spending under current law) interact with domestic corporations involved in politics.
- Overall, it could lead to cleaner elections but might increase administrative burdens on regulators to define and enforce "reasonable limits."
Main Stakeholders Affected
- Candidates and Political Campaigns: Face potential caps on fundraising and spending, altering how they seek support.
- Individuals and Voters: Benefit from reduced inequality in political influence but may see changes in how advocacy groups operate.
- Corporations, Unions, and Other Organizations: Could be prohibited or heavily restricted from election-related spending, impacting their lobbying and advocacy strategies.
- Congress and State Governments: Gain expanded regulatory powers, enabling them to pass new laws on campaign finance.
- Media Outlets: Protected from regulation, ensuring continued freedom in reporting on elections.
Notable Legal, Constitutional, or Political Implications
- Legal: Shifts the balance between First Amendment free speech rights and government regulation of elections, potentially inviting new court challenges on what constitutes "reasonable limits." It requires ratification by legislatures in three-fourths (38) of the states to become part of the Constitution, a high bar that has not been met for similar amendments.
- Constitutional: Amends the core framework of election law without altering voting rights directly, but it could be seen as enhancing the Constitution's democratic principles by addressing modern issues like unlimited corporate spending.
- Political: May reduce the role of big money in politics, appealing to reform advocates, but could face opposition from those viewing it as limiting free expression. As a bipartisan introduction by 38 senators (mostly Democrats), it signals ongoing partisan divides on campaign finance reform.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (41)
Sen. Padilla, Alex [D-CA], Sen. Schatz, Brian [D-HI], Sen. Van Hollen, Chris [D-MD], Sen. Coons, Christopher A. [D-DE], Sen. Warnock, Raphael G. [D-GA], Sen. Klobuchar, Amy [D-MN], Sen. Smith, Tina [D-MN], Sen. Wyden, Ron [D-OR], Sen. Merkley, Jeff [D-OR], Sen. Whitehouse, Sheldon [D-RI], Sen. Bennet, Michael F. [D-CO], Sen. Blumenthal, Richard [D-CT], Sen. King, Angus S., Jr. [I-ME], Sen. Kelly, Mark [D-AZ], Sen. Heinrich, Martin [D-NM], Sen. Kim, Andy [D-NJ], Sen. Cortez Masto, Catherine [D-NV], Sen. Schumer, Charles E. [D-NY], Sen. Hassan, Margaret Wood [D-NH], Sen. Welch, Peter [D-VT], Sen. Markey, Edward J. [D-MA], Sen. Sanders, Bernard [I-VT], Sen. Murray, Patty [D-WA], Sen. Gillibrand, Kirsten E. [D-NY], Sen. Warren, Elizabeth [D-MA], Sen. Duckworth, Tammy [D-IL], Sen. Gallego, Ruben [D-AZ], Sen. Rosen, Jacky [D-NV], Sen. Reed, Jack [D-RI], Sen. Kaine, Tim [D-VA], Sen. Hirono, Mazie K. [D-HI], Sen. Schiff, Adam B. [D-CA], Sen. Fetterman, John [D-PA], Sen. Peters, Gary C. [D-MI], Sen. Durbin, Richard J. [D-IL], Sen. Baldwin, Tammy [D-WI], Sen. Luján, Ben Ray [D-NM], Sen. Warner, Mark R. [D-VA], Sen. Booker, Cory A. [D-NJ], Sen. Slotkin, Elissa [D-MI], Sen. Hickenlooper, John W. [D-CO]
Recent Actions
- 2025-03-27: Read twice and referred to the Committee on the Judiciary.
- 2025-03-27: Introduced in Senate
Bill Versions
- Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections. — issued 2025-03-27 — PDF (2 pages)