Article V Convention of States Commissioner Oath, Instructions and Recall

Summary

This model policy serves to limit and fully describe the authority of commissioners selected by a state legislative body to represent the state at an amendments convention pursuant to Article V of the United States Constitution.

Article V Convention of States Commissioner Oath, Instructions and Recall

Summary: This model policy serves to limit and fully describe the authority of commissioners selected by a state legislative body to represent the state at an amendments convention pursuant to Article V of the United States Constitution.

Model Policy

“Article V convention” means a “Convention for proposing Amendments” as expressly provided in Article V of the United States Constitution; and

“Article V Application” means a [Joint, Concurrent] resolution passed by the State legislature of [INSERT STATE] on the same subject or subjects as two-thirds of the states; and

“Commissioner” or “Alternate” means a person selected by the State Legislature of [INSERT STATE] or any other method provided by law to represent the State of [INSERT STATE] at an Article V convention; and

“Legislative Instructions” means instructions given by the state legislature to Commissioners and Alternates before and during an Article V Convention; and

“Unauthorized Amendment” means a proposed amendment that is outside the subject matter of the state’s Article V Application or any Legislative Instructions.

No Commissioner from [INSERT STATE] to an Article V convention shall have the authority to vote to allow consideration of or vote to approve an Unauthorized Amendment for ratification to the United States Constitution; and

Any Commissioner casting a vote to allow consideration or approval of an Unauthorized Amendment or Article V Convention rules that are in conflict with, one-state one-vote and a majority-vote to propose an Amendment, shall be subject to recall by the State Legislature or its authorized representative(s) and face [civil or criminal] charges; and Every candidate for Commissioner or Alternate from [INSERT STATE] to the Article V convention shall be required to take the following oath:

[Suggested language] [“I do solemnly swear (or affirm) that to the best of my abilities, I will, as a Commissioner or Alternate to an Article V convention, uphold the Constitution and laws of the United States of America and the State of [INSERT STATE]. I will not vote to allow consideration of or to approve any Unauthorized Amendment or Article V convention rules that are in conflict with one-state one-vote vote and a majority-vote to propose an Amendment. I acknowledge that violation of this oath may result in my recall and [civil, criminal] penalties.”

The State Legislature [or an official or committee authorized by a Resolution of the State Legislature] shall certify in writing to the Article V convention the selection of Commissioners and Alternates, the recall and replacement of Commissioner[s] with Alternates[s] of [INSERT STATE]; and

[Optional Language] Any commissioner who violates the oath contained in this section shall be subject to [the civil, criminal penalty] provided for by [INSERT STATE] law; and

This act shall take effect 60 days after its passage.