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Free & Fair Elections
No. 3: Campaign Finance

Proposing an amendment to the Constitution of the United States to establish that constitutional rights belong to natural persons only, prohibit corporate spending to influence elections, limit campaign contributions and expenditures, and provide for public financing of federal elections.

In republics, persons elevated from the mass of the community, by the suffrages of their fellow-citizens, to stations of great pre-eminence and power, may find compensations for betraying their trust, which, to any but minds animated and guided by superior virtue, may appear to exceed the proportion of interest they have in the common stock, and to overbalance the obligations of duty.

- Federalist No. 22 (Madison)

There are three kinds of aristocracy spoken of in this country... the second is an aristocratic faction, a junto of unprincipled men, often distinguished for their wealth or abilities, who combine together and make their object their private interests and aggrandizement; the existence of this description is merely accidental, but particularly to be guarded against.

- Anti-Federalist (The Federal Farmer)

Why This Amendment?

In a republic, elected officials are supposed to serve the people who voted for them. But as Hamilton warned, people in power "may find compensations for betraying their trust" that seem worth more than their duty to the public. And as the Anti-Federalists cautioned, there will always be "unprincipled men, often distinguished for their wealth," who combine together to make "their private interests and aggrandizement" their goal. That is exactly what has happened. Money now dominates American elections in ways no other democracy allows.
  • Corporate Personhood

    Courts have ruled that corporations are "persons" with free speech rights. But corporations are not people. They cannot vote. They do not have the same stake in the country that citizens do. Treating them as people gives them power they were never meant to have.

  • Money as Speech

    Courts have ruled that spending money is the same as speaking. This means the more money you have, the more "speech" you get. Wealthy donors and corporations can flood elections with ads, some of them misleading or false, while regular citizens cannot compete.

  • Unequal Influence

    When politicians depend on big donors to win elections, they listen to those donors. Laws get written to help the wealthy and corporations instead of the people. The public interest loses to private interest.

  • No Limits

    The United States allows unlimited independent spending through Super PACs. No other top-performing democracy does this. Most ban corporate political donations entirely or set strict limits. America is the outlier.

The Full Text • Amendment III

Campaign Finance

Each section shows the legal text and what it means in plain language. You don't need a law degree to understand what you're voting on.

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Campaign Finance

Legal text

  1. The rights protected by this Constitution are the rights of natural persons only. Corporations and other entities created by law shall not be considered persons for purposes of political speech or campaign activity.
  2. The spending of money to influence elections shall not be considered speech protected by the First Amendment. Congress and the States shall have power to regulate and limit contributions and expenditures for the purpose of influencing elections.
  3. No corporation, labor union, nonprofit, or other entity created by law shall contribute or spend any amount to influence any election for federal office.
  4. No natural person may contribute more than five hundred dollars to any candidate or one thousand dollars total to all candidates and political parties in any calendar year. Contributions may only be made directly to candidates or political parties. Congress may adjust these amounts only to reflect changes in the value of money.
  5. Congress shall establish by law limits on total expenditures by candidates for each federal office. No candidate may exceed such limit from any source, including personal funds.
  6. Congress shall establish by law a system of public financing available to all candidates who qualify for the ballot. Public financing shall be distributed on equal terms to all qualifying candidates. No allocation formula shall favor candidates based on prior fundraising, incumbency, or party affiliation.
  7. If Congress fails to establish expenditure limits and public financing prior to the next federal election following ratification:
    (1) No Senator or Representative shall receive any compensation from the United States until such legislation is enacted;
    (2) The Federal Election Commission shall establish expenditure limits and public financing by regulation within ninety days, which shall remain in effect until Congress acts.
  8. All contributions and expenditures for the purpose of influencing elections shall be publicly disclosed within forty-eight hours. Any entity that contributes to candidates or political parties shall disclose the identity of all natural persons with an ownership interest of five percent or more.
  9. Foreign nationals and foreign governments shall not contribute or spend any amount to influence any election in the United States.
     

Plain Language

  1. The Constitution protects the rights of real human beings only. Companies, corporations, unions, and other legal entities are not treated as people when it comes to political speech or campaign activity.
  2. Spending money to influence an election is not considered protected free speech. Congress and the states may set limits on how much money can be given or spent in elections.
  3. Corporations, labor unions, and other legal entities may not give or spend any money to influence federal elections.
  4. An individual may not give more than $500 to any one candidate, or more than $1000 total to all candidates and political parties in a single year and must give it directly to the candidate or party. Congress may only adjust these amounts to keep up with inflation.
  5. Congress must set a total spending limit for each federal office. No candidate may spend more than that limit, even if using personal funds.
  6. Congress must create a public funding system that is available to all candidates who qualify for the ballot equally to all candidates who qualify. The rules for giving out this money cannot favor someone because they raised more money before, already hold office, or belong to a certain political party.
  7. If Congress does not create spending limits and public financing before the next federal election:
    (1) Senators and Representatives will not be paid until they pass the required laws;
    (2) The Federal Election Commission must create temporary spending limits and public financing rules within ninety days, and those rules will stay in place until Congress acts.
  8. All money given or spent to influence elections must be made public within forty-eight hours. Any organization that gives money must also reveal the names of individuals who own five percent or more of it.
  9. Foreign citizens and foreign governments may not give or spend any money to influence elections in the United States.

     
Enforcement

Legal text

  1. The rights secured by this article are self-executing and shall not require enabling legislation to be enforceable.
  2. Congress shall have power to enforce this article by appropriate legislation.
  3. Any citizen of the United States shall have standing to bring suit in any federal court to enforce the provisions of this article.
  4. No State law or action inconsistent with this article shall have any force or effect.
  5. No provision of this article shall be construed to limit individual rights or remedies otherwise available under this Constitution or the laws of the United States.
  6. The Federal Election Commission established by the Fair Elections Amendment shall have authority to investigate violations of this article and impose civil penalties.

Plain Language

  1. The amendment works on its own. The moment it becomes part of the Constitution, people can use it. Congress does not have to pass another law first to “turn it on.” If someone violates it, a court can enforce it right away.
  2. Congress has the power to pass laws to carry out and enforce this amendment.
  3. Any U.S. citizen can go to federal court if they believe this amendment is being broken. They do not have to be a politician or a government official. Regular people are allowed to ask a judge to enforce it.
  4. Any State law or action that conflicts with this amendment has no legal effect.
  5. It does not take away any other rights people already have. It adds protections, but it does not reduce anything that already exists in the Constitution or other laws. If someone has another legal option to protect their rights, they can still use it.
  6. The Federal Election Commission created under Fair Elections Amendment has the power to investigate violations of this amendment and to issue civil penalties when the law is broken.
Effective Date and Implementation

Legal text

  1. This article shall take effect immediately upon ratification.
  2. Congress shall provide for the funding necessary to implement public financing through existing appropriations, budget reallocations, or reductions in other expenditures, and may not fund its implementation through fees, surcharges, or new taxes imposed on the general public. Nothing in this section shall be construed to prohibit Congress from adjusting tax policy applicable to higher‑income individuals or large corporations to meet these obligations.
  3. This article applies to federal elections upon ratification. Within ten years of ratification, each State shall adopt consistent standards for state and local elections.
  4. This article shall be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within one year from the date of its submission to the States by the Congress.
     

Plain Language

  1. This starts immediately once voted in; no waiting period. 
  2. Congress has to fund public financing by using money it already has, by moving money around in the budget, or by cutting other spending. It cannot pay for this by charging new fees or creating new taxes on regular people. But Congress is still allowed to change tax rules for people with higher incomes or big corporations if it needs to cover the cost.
  3. Once the amendment becomes law, states have up to ten years to apply the rules to state candidates running for state office positions.
  4. It only becomes part of the Constitution if enough states approve it. Three-fourths of the states must vote yes. If that does not happen within one year after Congress sends it to the states, then the amendment fails and does not take effect at all.
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Provisional Voting

These options exist because some provisions in this amendment have more than one legitimate solution. The draft reflects what comparative research and international precedent suggest is the strongest approach — but reasonable people can disagree on implementation.

You get one vote per poll. You are not required to vote on any of them. Only vote if you believe the current draft language should change. If none of the listed options reflect your position, you can submit an alternative in the discussion below.

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Questions and Consideration

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