HB2037 creates a new Arizona statute governing delegates to a constitutional convention. It requires any delegate or alternate selected by Arizona to take an oath limiting their actions to the subject matter authorized in the convention call and any lawful legislative instructions, and it defines a “faithless constitutional convention delegate” as one who knowingly acts outside that scope. The bill also requires reporting of violations to state officials and states that any approved amendment to the U.S. Constitution must be ratified by a bill passed by the Legislature and approved by the governor.
The bill imposes significant penalties for violations. A faithless delegate would be subject to immediate recall, a civil penalty of at least $5,000, and a class 2 felony. The measure also includes a severability clause. Overall, the bill is aimed at controlling Arizona’s participation in any future Article V constitutional convention and ensuring delegates remain bound to the convention’s authorized subject matter.
Impact
HB2037 would add section 41-1108 to Arizona Revised Statutes, creating new state-level rules for constitutional convention delegates and alternates. It would establish an oath, define prohibited conduct, require reporting of violations, and authorize recall and penalties for delegates who exceed the convention’s legal scope. The bill would also assert that ratification of any approved amendment to the U.S. Constitution must occur through a bill passed by the Legislature and signed by the governor, affecting how Arizona would handle constitutional amendment ratification and delegate oversight.
Sentiment
The bill appears to have received mixed but ultimately favorable support in the House. It passed the House Federalism, Military Affairs & Elections Committee on a 4-3 vote, cleared House Rules unanimously, and passed third reading 35-24. The vote pattern suggests the measure was supported by a majority of House members but remained politically divisive, with a substantial minority opposing it.
Contention
The main point of contention is whether Arizona should criminalize and penalize delegates who act beyond the scope of a constitutional convention call. Supporters likely view the bill as a safeguard against unauthorized constitutional changes and a way to enforce legislative control over delegates, while opponents may see the felony penalty, recall provisions, and strict oath requirements as overly punitive or constitutionally questionable. The bill’s assertion that ratification requires a bill passed by the Legislature and approved by the governor may also be controversial because it raises questions about the state’s role in federal constitutional amendment procedures.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
(Constitutional Amendment) Provides for the election of constitutional convention delegates and vote requirements necessary for the adoption of a new constitution (RR SEE FISC NOTE GF EX)
(Constitutional Amendment) Modifies disposition of certain state revenues through repeal of the Revenue Stabilization Trust Fund and deposits of certain revenue streams into the Budget Stabilization Fund (RRF INCREASE GF RV See Note)
(Constitutional Amendment) Provides relative to the application of state monies to the unfunded accrued liability of the Teachers' Retirement System of La. (EN DECREASE SD RV See Note)
Proposing An Amendment To Article Xvii, Section 3 Of The Hawaii Constitution To Specify That The Standard For Voter Approval Of A Constitutional Amendment Proposed By The Legislature Is A Majority Of All The Votes Tallied Upon The Question.