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Smart Voter
Humboldt County, CA November 6, 2012 Election
Measure H
Corporations are Not People
City of Arcata

Majority Approval Required

Pass: 6,550 / 82.65% Yes votes ...... 1,375 / 17.35% No votes

See Also: Index of all Measures

Results as of Nov 28 11:25am
Information shown below: Impartial Analysis | Arguments | Full Text

This Initiative makes a declaratory statement that within the City of Arcata, corporations are not natural persons and are not entitled to the protections granted by the United States Constitution to natural persons. The stated purpose of this Initiative is a long-term goal of changing federal and/or state law to be consistent with this understanding of corporations.

Impartial Analysis from City Attorney
Initiative Measure H declares that to the extent permitted by federal and local law, corporations shall not have the same rights as natural persons within the City of Arcata, as guaranteed by the United States Constitution and its Bill of Rights. The stated purpose of the Measure is to support amendments to federal and state laws to establish that corporations do not have the same legal protections and rights as do natural persons.

State law expressly defines a "person" to include corporations as well as natural persons. The City of Arcata is required to operate in a manner consistent with State law, and, therefore, the City may not enact laws that seek to redefine a "person" to exclude corporations from that definition. Because of this, the City may not legally amend its ordinances to comply with the stated intent of the Measure.

A YES vote approves the Measure.

A NO vote rejects the Measure. Respectfully submitted,

/s/ Nancy Diamond
City Attorney, City of Arcata

 
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Arguments For Measure H
Vote YES on Measure H!

Corps Ain't Peeps! We all know that it's true. Corporations are not people. They're not like me and you.

The reason for this ordinance is to take a stand here in Arcata, as part of a national movement to prevent corporations from claiming Constitutional rights intended for "We the People."

Measure H states that in Arcata, to the full extent legally possible, corporations will not have the rights of people. The ordinance is specifically worded so as to avoid the threat of a costly legal challenge.

This measure is complementary to the efforts of Move to Amend and includes a call for a constitutional amendment stating that corporations are not people.

The Supreme Court has illegitimately defined corporations as "persons," most recently in the "Citizens United" case, which opened the door to unlimited, anonymous corporate campaign contributions. This corporate money can drown out the voices of the people in electoral politics.

Super PACs will be spending over a billion dollars this election. Much of this money comes from corporations wishing to shape the outcome to their economic benefit.

Some say that corporations should have the rights of people because they are made up of people, but a business incorporates to create an entity which insulates the individual human business owners from personal liability. Acorporationis,by intent, a non-human entity.

If a corporation claims personhood, it is attempting to secure the benefits of being both a non-human entity and a human being. This is double-dealing. It is wrong.

The citizens of Arcata hope to nurture and expand democracy in our community and our nation.

Democracy means governance by the people, and only persons who are living breathing human beings should be able to participate in the democratic process.

Vote YES on Measure H!

/s/ David Meserve

/s/ David Boyd

(No arguments against Measure H were submitted)

Full Text of Measure H
CORPORATIONS ARE NOT PERSONS

We the people of Arcata hold these truths to be self evident: Corporations are not people. Money is not speech.

We support amending the U.S. Constitution to establish that:

1. Corporations are not natural persons, and the rights protected by the Constitution of the United States are the rights of natural persons only.

2. Money is not speech, and the spending of money to influence elections is not protected speech.

The people of the City of Arcata Ordain as follows:

To the full extent legally possible under federal and state law, and with the long term goal of changing any federal or state laws that may oppose this ordinance,

Within the City of Arcata, CA, corporations shall not have the rights of "Persons" or "The People," as guaranteed by the Constitution of the United States, the Bill or Rights and the Fourteenth Amendment. Only living, breathing human beings shall have such rights.


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Created: December 17, 2012 13:44 PST
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