HOUSE BILL 363

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

INTRODUCED BY

Nora Espinoza

AN ACT

RELATING TO LIMITATIONS ON AUTHORITY OF NEW MEXICO DELEGATES TO A "CONVENTION FOR PROPOSING AMENDMENTS" (ARTICLE V, UNITED STATES OF AMERICA CONSTITUTION); DECLARING AN EMERGENCY.

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

     SECTION 1.

     "Article V convention" means a "Convention for proposing Amendments" as expressly provided in Article V of the United States of America Constitution; and

     "Article V Application" means a Joint resolution passed by the State Legislature of New Mexico on the same subject or containing the same proposed amendment text as 33 other sovereign states requiring Congress to call an Article V convention by setting the time and place; and

     "Delegate" or "alternate" means a person selected by the State Legislature of New Mexico or any other method provided by law to represent the State of New Mexico at an Article V convention; and

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

     "Unauthorized amendment" means a proposed amendment that is outside the subject matter of the application, the call, the commission, or any Legislative Instructions.

     No delegate from New Mexico to an Article V convention shall have the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States of America Constitution; and

     Any delegate casting a vote to allow consideration or approval of an unauthorized amendment shall be immediately recalled by [an official or committee authorized by a Resolution of the State Legislature] and replaced by an alternate; and

     Every candidate for delegate or alternate from New Mexico to the Article V convention 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 or alternate to an Article V convention, uphold the Constitution and laws of the United States of America and the State of New Mexico. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the United States of America Constitution; and

     The State Legislature shall certify in writing to the Article V convention the selection of delegates and alternates, the recall and replacement of delegate[s] with alternate[s] and the nullification of unauthorized votes cast by the delegate[s] of New Mexico; and

     Any Delegate who violates the oath contained in this section shall be subject to a civil fine of 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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