Article V constitutional convention.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0163

HOUSE BILL
NO.

HB0027

Article V
c
onstitutional
c
onvention.

Sponsored by:
Representative(s) Lubnau and Miller

A BILL

for

AN ACT relating to
constitutional conventions; providing limits on the authority of delegates to a constitutional convention as specified; providing
for penalties;
providing for rules and regulations;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S.
22
‑
20
‑
3
01 through
22
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20
‑
3
0
3

are
created to read:

ARTICLE
3
AUTHORITY OF DELEGATES TO CONSTITUTIONAL CONVENTION

22
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20
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3
01.

Definitions.

(a
)

As used in this
article
:

(
i
)

"
Article V convention
"
means a convention called by the states pursuant to the United States
constitution
, Article V
;

(ii
)

"
Article V petition
"
means a concurrent resolution by the legislature calling for a convention pursuant to the
United States
c
onstitution, Article V;

(iii
)

"
Delegate
"
means a person from the state of Wyoming, selected by law to represent the people and state of Wyoming at an Article V convention;

(iv
)

"
Permitted scope
"
means the topic of an amendment or specific language of an amendment that may be considered by the Article V convention;

(v
)

"
Unauthorized amendment
"
means any amendment outside the scope permitted by the Article V petition passed by the legislature.

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20
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3
02.

Authority of delegates.

(a
)

No delegate from Wyoming to the Article V convention shall have the authority to allow consideration, consider or approve an unauthorized amendment to the
United States
c
onstitution.

(b
)

Any vote taken by a delegate from Wyoming at the Article V convention in violation of subsection (a) of this section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the Article V convention.

(c
)

Every delegate from Wyoming to the Article V convention called for by the Article V petition shall be required to take the following oath:

"
I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the Article V convention, uphold the
c
onstitution and laws of the United States and the state of Wyoming. I will accept and will act according to the limits of the authority as a delegate granted to me by Wyoming law, and I will not vote to consider or approve any unauthorized amendment to the
United States c
onstitution. I understand and accept any
penalties that may be imposed on me by Wyoming law for violating this oath.
"

(d
)

Any delegate who violates the oath contained in subsection (c) of this section shall be guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both
. Additionally, any delegate who violates the oath contained in subsection (c) of this section shall be inelig
ible to serve as a delegate and any certification of the delegate shall be null and void.

(e
)

The secretary of state shall certify the selection of the Wyoming delegates in writing to the Article V convention and shall provide a copy of the certification to each delegate. No delegate shall have authority to vote or otherwise serve as a delegate at the Article V convention without the certification.

(f
)

The secretary of state shall promulgate rules and regulations setting out a process for selecting alternative delegates to the Article V convention in the event a delegate becomes unable or ineligible to serve. If a delegate becomes ineligible to serve under the provisions
of subsection (d) of this section, the alternate delegate shall immediately be entitled to represent Wyoming as a delegate in place of the delegate who has become ineligible and the secretary of state shall immediately provide certification to the new delegate.

(g
)

The secretary of state shall notify the Article V convention and any delegate involved of the automatic revocation of that delegate
'
s certification should the delegate violate his pledge to act only within the limits of the authority granted by the state of
Wyoming
.

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20
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3
03.

Enforcement by
a
ttorney
g
eneral;
r
ight to
p
rivate
a
ction.

(a
)

The provisions of this
article
shall be enforced by the
attorney general
.

(b
)

A
Wyoming
citizen may file an action to enforce the requirements of this
article
and shall be entitled to reasonable attorney
'
s fees if successful.

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0027