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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HOUSE BILL 2397 |
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AN ACT
amending title 16, chapter 4, Arizona Revised Statutes, by adding article 15; relating to constitutional conventions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, Arizona Revised Statutes, is amended by adding article 15, to read:
Article 15. Article V convention for proposing amendments
16-720. Delegates and alternates; appointment; oath; limitations; violation; classification; definitions
A. If an article V convention is called, the legislature shall appoint the delegates and alternates to represent this state. Each delegate must be a resident of this state. The legislature may recall a delegate or alternate and may appoint a new delegate or alternate at any time.
B. When the delegates and alternates are appointed, the legislature shall prescribe instructions regarding the scope of matters that the delegates and alternates may consider and vote on at the article V convention, including rules of procedure and proposed amendments. The legislature may amend the instructions before or during the convention.
C. Each delegate or alternate shall take and subscribe an oath or affirmation to agree to abide by the instructions prescribed by the legislature for participation in the article V convention, in substantially the following form:
State of Arizona, County of _________, I, _________ (type or print name) do solemnly swear (or affirm) that I will, as a delegate or alternate to an article V convention, uphold the constitution and laws of the United States and the State of Arizona to the best of my ability. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the Constitution of the United States, so help me God (or so I do affirm).
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(Signature of delegate or alternate)
D. A delegate or alternate may not vote to allow consideration of or to approve a proposed amendment:
1. That varies from the exact text of the amendment contained in the article V application.
2. That is outside of the subject matter of the Article V application, the call to an Article V convention or the instructions prescribed by the legislature.
E. A delegate or alternate who casts a vote in violation of this section shall be immediately recalled by an official or committee authorized by the legislature. The official or committee shall certify in writing to the article V convention the nullification of the unauthorized vote cast by a delegate in violation of this section.
F. The legislature or an official or committee authorized by the legislature shall certify in writing to the article V convention the following:
1. The selection of delegates and alternates.
2. The recall and replacement of a delegate with an alternate.
3. The nullification of unauthorized votes cast by a delegate or alternate.
G. A delegate or alternate who knowingly violates this section is guilty of a class 2 misdemeanor.
H. For the purposes of this section:
1. "Article V application" means a resolution that is passed by the legislature on the same subject or that contains the same proposed amendment text as thirty-three other sovereign states and that requires Congress to call an article V convention by setting the time and place.
2. "Article V convention" means a convention for proposing amendments for ratification to the constitution of the united states as expressly provided in article V of the Constitution of the United States.
3. "Delegate" or "alternate" means a person appointed by the legislature to represent this state at an article V convention.