Article V convention limitations.

2016
STATE OF WYOMING
16LSO-0371
Introduced
1.3

HOUSE BILL

NO.

HB0099

Article V convention limitations.

Sponsored by:
Representative(s) Laursen, Allen and Lindholm and Senator(s) Driskill, Hicks, Perkins and Peterson

A BILL

for

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

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

Section 1
.

W.S. 9
‑
21
‑
101 and 9
‑
21
‑
102
are
created to read:

CHAPTER 21
LIMITATIONS ON DELEGATES TO A CONVENTION FOR PROPOSING AMENDMENTS

9
‑
21
‑
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
‑
three (33) other states requiring congress to call an article V convention;

(ii)

"Article V convention" means a convention for proposing amendments as expressly provided in article V of the constitution of the United States;

(iii)

"Delegate" or "alternate" means a
legislator
selected under W.S. 9
‑
21
‑
102(
g
) to represent the state of Wyoming at an article V convention;

(iv)

"Legislative instructions" means instructions given by the state legislature to delegates and alternates before and during an article V convention;

(v)

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

9
‑
21
‑
102
.

Limitations of authority for delegates to an article V convention.

(a)

No delegate from Wyoming to an article V convention shall have authority to vote to allow consideration of, or to approve, an unauthorized amendment for ratification to the constitution of the United States.

(b)

Any delegate from Wyoming to an article V convention shall be directed to vote for procedures and rules mandating that the convention remain a convention of states where each state is represented by one (1) vote.

(c)

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

(d)

Each delegate or alternate from Wyoming to an article 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 article V convention, uphold the constitution and laws of the United States of America and Wyoming. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the constitution 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."

(e)

Any delegate who violates the oath contained in subsection (d) 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 (d) of this section shall be ineligible to serve as a delegate and any certification of the delegate shall be null and void.

(f
)

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.

(g
)

The secretary of state shall notify the president of the senate and the speaker of the house in writing of the need to assign delegates or alternates to the article V convention. The
members
of the senate shall
elect thr
ee (3) members of the senate to serve as delegates and the
members
of the house shall
elect
three (3) members of the
house of representatives
to serve as delegates. The president of the senate and the speaker of the house shall assign alternates if necessary.
If a delegate becomes unable or ineligible to
serve under this section, the alternate delegate determined under this section shall immediately be entitled to represent Wyoming as a delegate in place of the delegate who has become unable or ineligible to serve and the secretary of state shall immediately provide certification to the new delegate.

(h
)

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

(j
)

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 chapter and shall be entitled to reasonable attorney's fees if successful.

Section 2
.

W.S. 22
‑
20
‑
201 through 22
‑
20
‑
203, 22
‑
20
‑
204(
b), 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 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 state
ratifying

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
convention
and state
ratifying convention
.

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.

(b)

The vote on the selection of delegates to the county
convention

and state
conventions

ratifying convention
shall be by written or printed ballot.

22
‑
20
‑
205
.

Determining apportionment of representation at convention.

In the apportionment of representation in the county
convention

and state
conventions

ratifying convention
, 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 convention; costs and expenses; certification of results.

(a)

If the governor issues a proclamation calling a state 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 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
‑
21
‑
102, the provisions of this chapter are inoperative to the extent that they conflict with a convention conducted in accordance with W.S. 9
‑
21
‑
102.

Section
2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0099