No Runaway Article V Conventions Act

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Model Bill Info
Bill Title No Runaway Article V Conventions Act
Date Introduced December 1, 2021
Date Finalized December 16, 2021
Type Model Policy
Status Final
Task Forces Federalism and International Relations

ANo Runaway Article V Conventions Act

“Article V Conventions” mean either a “Convention for proposing Amendments” or a “State Ratification Convention” as expressly provided in Article V of the Constitution of the United States of America; and

“Article V Application” means a [Joint, Concurrent] resolution passed by the State Legislature of this state requiring Congress to call an Article V amendment proposing convention “on the Application of the Legislatures of two-thirds of the several States”; and

“Commissioner” means a person selected for an amendment proposing convention by the State Legislature or elected by the people for a state ratification convention; and

“Instructions” means instructions given by the state legislature to commissioners before and during an amendment proposing convention or given by the voters to commissioners who pledged to vote YES or NO at a ratification convention; and

“Runaway Amendment” means proposing an amendment that is unrelated to the subject matter of the state’s Article V Application or any legislative instructions or violates the people’s vote for or against ratification; and

Every candidate for Commissioner to this state’s Article V Conventions shall be required to take the following oath:

[“I do solemnly swear or affirm that to the best of my abilities, I will, as a Commissioner to this state’s Article V conventions, uphold the Constitution and laws of the United States of America and this state. I will only vote as instructed by the people at a ratification convention and will not vote for any runaway amendment at a proposing convention. I understand that any vote against the will of the people or for a runaway amendment will be voided, I will be replaced, recalled and subject to [civil, criminal] penalties.”

Any commissioner who violates the oath contained in this section shall be subject to [the maximum civil, criminal penalty] provided for by this state’s law.

This act shall take effect 60 days after its passage.