REFERENCE TITLE: article V; recall and sanctions

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SR 1001

Introduced by

Senator Kern

A Resolution

providing certain requirements for Arizona's commissioners to an article V convention.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Whereas, an article V convention is either a convention for proposing amendments to the United States Constitution or a state ratification convention as expressly provided in article V of the United States Constitution; and

Whereas, an article V application is a resolution passed by the state legislature of an individual state requiring Congress to call an article V amendment proposing a convention "on the Application of the Legislatures of two-thirds of the several States"; and

Whereas, a commissioner is a person selected for an amendment-proposing convention by that person's state legislature or elected by the people for a state ratification convention; and

Whereas, instructions are given by the state legislature to commissioners before and during an amendment-proposing convention or given by the voters to commissioners who pledge to vote as directed at a ratification convention; and

Whereas, a runaway amendment is an amendment that is unrelated to the subject matter of the state's article V application or any legislative instructions or that violates the people's vote for or against ratification.

Therefore

Be it resolved by the Senate of the State of Arizona:

1. That the commissioners be selected by a joint process as determined by the Arizona House of Representatives and Senate leadership with bipartisan involvement.

2. That every candidate for commissioner to Arizona's article V conventions 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 article V conventions, uphold the Constitution and laws of the United States of America and the State of Arizona.  I will vote only 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 and that I will be replaced, recalled and subject to penalties.

3. That any commissioner who violates the oath contained in this section shall be subject to penalties as provided for by Arizona law.