HOUSE BILL 156

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Nora Espinoza

AN ACT

RELATING TO CONSTITUTIONAL CONVENTIONS; PROVIDING GUIDELINES FOR DELEGATES FROM NEW MEXICO TO AN ARTICLE 5 CONSTITUTIONAL CONVENTION; PROVIDING PENALTIES; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. DEFINITIONS--ARTICLE 5 CONSTITUTIONAL CONVENTION--DELEGATE GUIDELINES.--

          A. As used in this section:

                (1) "article 5 constitutional convention" means a constitutional convention for proposing amendments as expressly provided in Article 5 of the United States constitution;

                (2) "article 5 application" means a joint resolution passed by the legislature on the same subject or containing the same proposed amendment text as thirty-three other sovereign states requiring congress to call an article 5 constitutional convention by setting the time and place;

                (3) "delegate" or "alternate" means a person selected by the legislature or any other method provided by law to represent New Mexico at an article 5 constitutional convention;

                (4) "legislative instructions" means instructions given by the legislature to delegates and alternates before and during an article 5 constitutional convention; and

                (5) "unauthorized amendment" means a proposed amendment that is outside the subject matter of the legislative instructions.

          B. No delegate from New Mexico to an article 5 constitutional convention shall have the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States constitution, and a delegate who casts a vote to allow consideration or approval of an unauthorized amendment shall be immediately replaced by an alternate.

          C. A candidate for delegate or alternate from New Mexico to the article 5 constitutional convention shall take the following oath:

     "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate to an article 5 constitutional convention, uphold the constitutions and laws of the United States of America and New Mexico. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the United States constitution.".

          D. Article 5 constitutional convention delegates and alternates shall be certified by the legislature or by an official or entity designated by the legislature to certify delegates and alternates, recall and replace a delegate with an alternate or nullify unauthorized votes cast by a delegate of New Mexico.

          E. A delegate who violates the oath contained in this section shall be subject to a fine not to exceed ten thousand dollars ($10,000).

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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