Act, Section 3-P
Only United States citizens may contribute funds, services or property in support of or in opposition to an initiative. 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. Violation of these prohibitions is a felony punishable by not more than one year in prison, or a fine not to exceed One Hundred Thousand Dollars, or both, per instance, applied to each person found guilty of the violation.
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Constitutional Safeguard
Without a Constitutional amendment, this provision would likely be struck down by the courts in view of First National Bank of Boston v. Bellotti (1978).
The language here, most of which is mirrored from Amendment, Section 5, enjoys extra protection from being altered as it is more difficult to alter a Constitutional amendment than a statute.
Parrish Report
It is the purpose and effect of the National Initiative to mitigate the influence of money within government as it relates to initiatives. Only natural persons can contribute funds in an initiative campaign. In legal parlance a natural person is a de facto person, as distinguished from a de jure or virtual person such as a corporation. The logic is simple, since only a natural person can vote then only a natural person should be able to contribute money for the purpose of supporting or opposing an initiative. The effect of money spent in a campaign is mitigated in another respect. Voters have demonstrated uncanny common sense in making political decisions when they have the basic facts surrounding an issue. The Democracy Act is designed in such a way that the Electoral Trust prior to and throughout the voting period will make all pertinent facts about an initiative available to voters. The effect of this publicly funded communication process will be to substantially reduce the impact of campaign contributions. This section of the Act is not intended to prohibit organizations from communicating the organizations' positions on initiatives to their members, stockholders or other stakeholders; or to prohibit the news media from editorializing on initiatives. It is aggressive acts of coercion or inducement, whether covert or overt, that this section intends to prohibit.
Feedback from the 2002 Democracy Symposium
To properly appreciate the implications of this section, it is worth reviewing some pertinent history. Although initiative is suppose to enhance the expression of the will of the People, corporations have already co-opted the initiative process to wage corporate warfare. Here follows an excerpt from Smith and Tolbert (2004) pp. 107-110:
With great creativity, corporations will seek out ways to exploit any incumbent political system. The problem of how to exclude corporate interests from the initiative process is a subtle one.
This recommendation was adopted.
Instead of restricting expenditures, the new language restricts contributions. Corporations, unions, PACs, and other associations can lobby for or against an initiative, but only as a service to individual citizens. In soliciting money for promotional activity, an organization must convey with sincerity that contributions are voluntary and that refusal to contribute to an initiative campaign entails no penalty. Furthermore, the organization must disclose any contributions exceeding a monetary threshold set by the Electoral Trust (Act, Section 3-Q) and the communication must identify the person(s) responsible (Act, Section 3-O).