REFERENCE TITLE: article V; recall and sanctions

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

SR 1002

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 each 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 Constitutions 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 resolution is subject to penalties as provided for by Arizona law.