SCR1038 - 561R

REFERENCE TITLE: article V convention; delegates; election

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SCR 1038

Introduced by

Senator Kern

A Concurrent Resolution

providing procedures for electing delegates to an article V convention for ratifying an amendment to the United States Constitution.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, an election providing for a vote of the people to elect delegates to a state ratifying convention is the preferred method of choosing delegates for many reasons that apply today, as they did when first used in 1933; and

Whereas, the Twenty-first Amendment to the United States Constitution, repealing prohibition, used this method of ratification for the same reasons we should apply this option today, including avoiding undue influence of vested interests, expediting voting into a single election event and ensuring the broad support of the general public.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. That, if the Congress of the United States or these several states propose an amendment to the Constitution of the United States and propose that it be ratified by conventions in these several states, the Governor of this state shall fix by statewide proclamation the date of an election for the purpose of electing delegates to such convention in this state. Such election may either be at a special election or may be held at the same time as a general election, but shall be held at least as soon as the next special or general election occurring more than three months after the amendment has been proposed by these several states or by Congress.

2. That at such an election all electors who have registered may vote. Should a special election be called, registration of voters shall be reopened by the county recorder on the third Monday preceding such special election and shall be closed at 5:00 p.m. on the following Saturday. All electors who were registered at the last general election or who are registered during the period of registration is reopened for such special election may vote at such special election.

3. That, except as otherwise provided, such an election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of state officers in the state and all provisions of the laws of this state relative to elections except so far is inconsistent with this act are hereby made applicable to such election.

4. That the number of delegates to be chosen at such a convention shall be ___ to be elected among eligible voters from each United States congressional district or county or by statewide ballot.

5. That candidates for the office of delegate to the convention shall be qualified electors of this state. Nominations shall be by petition signed by at least one thousand qualified electors. Nominations shall be without party or political designation, but the nominating petitions shall contain a signed statement by the nominee declaring the nominee's favoring or opposing ratification. A nominating petition may not be accepted unless such statement is contained therein. A nomination is not effective except those of the nominees in favor of the ratification and the nominees against ratification as were first filed with the Secretary of State, each group being half of the number prescribed in paragraph 4. If no petition is received by the filing deadline for a district nominee, favorable or opposed, the County Executive may assign a local resident to fill the position or may reduce the number of nominees to balance their representation in both groups.

6. That within ten days after the petitions are filed, the Secretary of State shall certify the candidates of each group to the Board of Supervisors or County Executive of the respective counties of the state. All petitions shall be filed with the Secretary of State not less than thirty days before the properly proclaimed date of the election. The two groups of certified petitioners shall gather at the state capitol before the election and take an official oath of office, the time and place to be determined by the Speaker of the House of Representatives and the President of the Senate.

7. That the election shall be by in-person ballot only. A separate ballot, apart from any ballot to be used at the same election, shall be prepared as follows:

· It shall first state the substance of the proposed amendment. This shall be followed by appropriate instructions to the voters.

· It shall then contain perpendicular columns of equal width headed respectively in plain type, "For Ratification" and "Against Ratification".

· In the first column, headed "For Ratification", shall be placed the names of the nominees nominated as in favor of ratification.

· In the next column, headed "Against Ratification", shall be placed the names of the nominees nominated as against ratification.

· The voter shall indicate the voter's choice by making one or more marks in the appropriate spaces provided on the ballot.

· A ballot shall not be held void because any such mark is irregular in character.

· The ballot shall be so arranged that the voter may alternately make a single mark indicating the voter is voting for the entire group of the nominees whose names comprise any column.

8. That the election ballot for district voters throughout the state shall be in substantially the following form:

ANSWER WHETHER YOU ARE IN FAVOR OR AGAINST RATIFYING INTO LAW THE PROPOSED AMENDMENT TO THE UNITED STATES CONSTITUTION.

The Congress has proposed an amendment to the Constitution of the United States that provides (INSERT SUMMARY OF PROPOSED AMENDMENT). The Congress has also agreed that the said amendment shall be ratified by conventions in these several states.

INSTRUCTIONS TO THE VOTERS -

Do not vote for more than ____ candidates. To vote for ALL candidates in favor of ratification or for ALL candidates against ratification make a mark at the head of the list of candidates to indicate your vote for the entire group in that column. If you do this, make no mark for any individual candidate.

The proposed new amendment is attached, below.

9. That the ____ nominees receiving the highest number of votes in their district shall be delegates at the convention. If there is a vacancy in the convention caused by the death or disability of any delegate, or for any other cause, the vacancy shall be filled by appointment by the majority of the delegates comprising the group from which such delegate was elected and if the convention contains no other delegates of that group, shall be filled by the Speaker of the House of Representatives or alternately by the President of the Senate.

10. That delegates elected on a platform or nomination petition statement as "For" or "Against" ratification must vote at such convention in accordance with such platform or nomination petition statement. On a delegate's failure to do so, the delegate will be immediately dismissed for violating the oath of office and will be subject to the maximum prevailing civil or criminal penalties, including fines, civil penalties and imprisonment as prescribed by law. In addition, that delegate's vote will not be considered and the delegate's office will be deemed vacant to be filled as herein provided for filling vacancies.

11. That the delegates to the convention shall meet at the state capitol on the first Tuesday of the following month after their election at 10:00 a.m. and shall constitute a convention to pass on the question of whether the proposed amendment should be ratified.

12. That the convention shall be the judge of election and qualification of its members and shall have power to elect its president and secretary and other officers and to adopt its own rules.

13. That the convention shall keep a journal of its proceedings in which shall be recorded the vote of each delegate on the question of ratification of the proposed amendment. On final adjournment the journal shall be filed with this state's Secretary of State.

14. That if the convention agrees by vote of a majority of the total number of delegates to the ratification of the proposed amendment, a certificate to that effect shall be executed by the President and Secretary of the convention and shall be transmitted to the Secretary of State of this state, who shall transmit the certificate under the Great Seal of the State of Arizona to the National Archivist, to the leaders of Congress, to the Office of the Clerk of the United States House of Representatives, the Comptroller General and the United States Secretary of State.

15. That delegates shall receive $1,000 and shall also receive vehicle mileage for two round trips as routed by Google Maps to and from their residence or the center of their campaign district to the state capitol building, at the prevailing state government rate, or $0.56 per mile, whichever is more.