The Democracy Amendment
September 17, 2002
- The sovereign authority and the legislative power of citizens of the United States to enact, repeal and amend public policy, laws, charters, and constitutions by local, state and national initiatives shall not be denied or abridged by the United States or any state.
- The citizens of the United States hereby sanction the national election conducted by the nonprofit corporation Philadelphia II, permitting the enactment of this Article and the Democracy Act.
- The United States Electoral Trust (hereinafter "Electoral Trust") is hereby created to administer the procedures established by this Article and the Democracy Act. A Board of Trustees and a Director shall govern the Electoral Trust. The Board of Trustees shall be composed of one member elected by the citizens of each state, the District of Columbia, Puerto Rico, and the Territories of the United States. An election shall be conducted every two years to elect members of the Board of Trustees. Immediately after the first election, the elected members shall be divided as equally as possible into two classes. The seats of the members of the first class shall be vacated at the expiration of the second year; the seats of the members of the second class shall be vacated at the expiration of the fourth year. All members of the Board of Trustees shall serve for four years except the members of the first class. In order to facilitate the initial election of members to the Board of Trustees, an Interim Board is appointed by the Democracy Act. A Director responsible for day-to-day operations shall be appointed by the majority of the members of the Board of Trustees, except that the first Director shall be appointed by the Board of Directors of Philadelphia II.
- An initiative created under the authority of this Article that modifies a constitution or charter assumes the force of law when it is approved by more than half the registered voters of the relevant jurisdiction in each of two successive elections conducted by the Electoral Trust. If such initiative is approved in the first election, the second election shall occur no earlier than six months and no later than a year after the first election. An initiative created under the authority of this Article that enacts, modifies or repeals any statute assumes the force of law when approved by more than half the registered voters of the relevant jurisdiction participating in an election conducted by the Electoral Trust.
- Only natural persons who are citizens of the United States may sponsor an initiative under the authority of this Article.
- Only natural persons who are citizens of the United States may contribute funds, services or property in support of or in opposition to a legislative initiative created under the authority of this Article. Contributions from corporations including, but not limited to, such incorporated entities as industry groups, labor unions, political parties, political action committees, organized religions and associations, are specifically prohibited. Such entities are also prohibited from coercing or inducing employees, clients, customers, members, or any other associated persons to support or oppose an initiative created under the authority of this Article.
- The people shall have the power to enforce the provisions of this Article by appropriate legislation. No court in the United States may enjoin an initiative election except on grounds of fraud.