Article V convention limitations.

2015
STATE OF WYOMING
15LSO-0382
ENGROSSED
3.1

HOUSE BILL

NO.
HB0121

Article V convention limitations.

Sponsored by:
Representative(s) Laursen, Lindholm, Miller and Winters and Senator(s) Bebout, Driskill, Hicks, Peterson and Wasserburger

A BILL

for

AN ACT relating to administration of government; specifying limitations on delegates to an Article V convention; providing definitions; clarifying state convention refers to a state ratifying convention; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
20
‑
101 and 9
‑
20
‑
102
are
created to read:

CHAPTER 20
LIMITATIONS ON DELEGATES TO A CONVENTION FOR PROPOSING AMENDMENTS

9
‑
20
‑
101
.

Definitions.

(a)

As used in this chapter:

(i)

"Article V application" means a joint resolution passed by the state legislature of Wyoming on the same subject or containing the same proposed amendment text as thirty
‑
thr
ee (33) other states requiring congress to call an a
rticle V convention
;

(ii)

"Article V convention" means a convention for proposing amend
ments as expressly provided in article V of the c
onstitution of the United States;

(iii)

"Delegate" or "alternate" means a person selected by the state legislature of Wyoming or any other method provided by law to represent the st
ate of Wyoming at an a
rticle V convention;

(iv)

"Legislative instructions" means instructions given by the state legislature to delegates and a
lternates before and during an a
rticle V convention;

(v)

"Unauthorized amendment" means a proposed amendment that is out
side the
permitted subject matter contained in
the a
rticle V application or
contrary to
legislative instructions.

9
‑
20
‑
102
.

Limitations of
authority for delegates to an a
rticle V convention.

(a)

No delegate from Wyoming to an a
rticle V convention shall have authority to vote
to allow consideration of
,
or to approve
,
an unauthorized ame
ndment for ratification to the c
onstitution of the United States.

(b)

Any
vote
made
in violation of subsection (a) of this section shall be
null and void. Any delegate making this vote shall be
immediately recalled by an official or
executive branch
committee authorized by a resolution of the legislature and replaced by an alternate.

(c)

Each delegate o
r alternate from Wyoming to an a
rticle V convention shall be required to take the following oath or affirmation: "I do solemnly swear or
affirm that to the best of my abilities I will, as
a delegate or alternate to an a
r
ticle V convention, uphold the c
onstitution and laws of the United States of America and Wyoming. I will not vote to allow consideration of or to approve any unauthorized amendment pr
oposed for ratification to the c
onstitution
of the United States of America
.
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
felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
Additionally, any delegate who violates the oath contained in subsection (c) of this section shall be ineligible 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
a
rticle 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
a
rticle 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
a
rticle 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.

(h)

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

W.S.
22
‑
20
‑
201 through 22
‑
20
‑
205, 22
‑
20
‑
208 and
22
‑
20
‑
209
are
amended to read:

22
‑
20
‑
201
.

Proclamation of governor calling state ratifying convention.

(a)

If the congress of the United States of America enacts any law requiring any question of repealing, amending or altering the constitution of the United States of America, or any part thereof, to be submitted to a
ratifying
convention of delegates chosen by the qualified electors of the state and does not prescribe the manner and method of calling, holding and conducting the
ratifying
convention and of canvassing the returns of the votes of the delegates thereto and determining, declaring and publishing the result of the vote of the delegates to the
ratifying
convention on any question voted upon, for which the
ratifying
convention is called, it is the duty of the governor to make a public proclamation:

(i)

Calling the
ratifying
state convention;

(ii)

Calling for the election of delegates to the state
ratifying
convention;

(iii)

Specifying the place where and the time when the
ratifying
convention shall be held;

(iv)

Specifying the number of delegates (who shall be qualified electors) of which the
ratifying
convention shall consist; and

(v)

Specifying the method and manner by and in which delegates to the
ratifying
convention shall be elected.

22
‑
20
‑
202
.

Election of delegates to county and state conventions.

In each of the election precincts in each of the counties of this state there shall be held a meeting of the qualified electors of the precinct at the time fixed by the proclamation. A qualified elector in the precinct shall
preside at each precinct meeting, and an election shall be held in which not less than one (1) delegate from each precinct and (1) one additional delegate for each six hundred (600) or major portion thereof of the inhabitants of the precinct shall be elected as delegates to a convention to be held at the county seat of the county. Upon the day fixed by the governor for holding the county convention the delegates thereto shall assemble and elect one (1) delegate for each county, and one (1) delegate for each five thousand (5000) or major fraction thereof of the inhabitants of the county as delegates to the state
ratifying
convention specified in W.S. 22
‑
20
‑
201.

22
‑
20
‑
203
.

Convening of county convention; presiding officer; certification of results.

It is the duty of the chairman of the board of county commissioners or some other member of the board in each county to convene the county convention and preside over it until the delegates chosen thereto select a chairman of the convention. It is the duty of the chairman and secretary of the convention to certify, under oath, to the secretary of state and to the state
ratifying
convention, the names of
the delegates to the state
ratifying
convention chosen by the county convention.

22
‑
20
‑
204
.

Rules of practice for county conventions; convention ballots.

(a)

The rules of practice, procedure and conduct of the business of the several county conventions specified in W.S. 22
‑
20
‑
202 are those prescribed by "Robert's Rules of Parliamentary Procedure and Order".

(b)

The vote on the selection of delegates to the county and state
ratifying
conventions shall be by written or printed ballot.

22
‑
20
‑
205
.

Determining apportionment of representation at convention.

In the apportionment of representation in the county and state
ratifying
conventions, the last federal census is the basis upon which the right to representation in the conventions shall be determined.

22
‑
20
‑
208
.

Convening of state ratifying convention; costs and expenses; certification of results.

(a)

If the governor issues a proclamation calling a state
ratifying
convention, it is the duty of the secretary of state to convene the
ratifying
convention and make all necessary arrangements.

(b)

The costs incidental to the holding of the state
ratifying
convention shall be borne and paid by the state, as appropriated by the legislature.

(c)

It is the duty of the officers of the state
ratifying
convention to certify, under oath, to the secretary of state, the result of the vote cast at the
ratifying
convention on each question submitted thereto. When the result of the vote of the delegates to the state
ratifying
convention is certified to the secretary of state, it is then the duty of the secretary of state to certify the result to the president and secretary of state of the United States, and to the president of the senate and the speaker of the house of representatives of the congress of the United States.

22
‑
20
‑
209
.

Procedure when congress directs manner of holding
a ratifying
convention.

(a)

If congress, either in the resolution submitting the question or by statute, prescribes the manner in which the
conventions
ratifying convention

shall be constituted, the provisions of this chapter are inoperative, and the
ratifying

convention shall be constituted and shall operate as the resolution or act of congress directs. All officers of the state who may be authorized or directed by the resolution or statute to take any action to constitute a
ratifying

convention for this state are authorized and directed to act in accordance therewith and in obedience thereto with the same force and effect as if acting under a statute of this state.

(b)

If an article V convention is called as provided in W.S. 9
‑
20
‑
102, the provisions of this chapter are inoperative to the extent that they conflict with a convention conducted in accordance with W.S. 9
‑
20
‑
102.

Section
3
.

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)

1
HB0121