From: Madison Coalition
TN Senate Majority Leader Mark Norris' "Faithful Delegate" Bill to
protect our Constitution, SB 1432, was approved by the Senate State and
Local Government Committee with a unanimous bipartisan 9-0 vote today.
The bill limits the authority of delegates to an Article V Convention, if one is ever held, to the scope of the state's Article V Resolution, and provides for the immediate replacement of any delegate who violates the law by exceeding his or her authority.
Here are talking points and the text of the bill,
TALKING POINTS:
SUPPORT SB 1432 TO PROTECT OUR CONSTITUTION
• SB 1432, the "FAITHFUL DELEGATE" bill would ensure that delegates to a Convention called to propose an Amendment to the U.S. Constitution, if there ever was such a Convention, would be "faithful to" to limits imposed on that Convention by the states that called it.
• The bill is similar in purpose to legislation in other states to ensure that PRESIDENTIAL ELECTORS remain faithful to their pledged candidate for President when voting in the Electoral College.
• Supporting this bill does NOT mean you support calling a Convention or using Article V of the U.S. Constitution.
• But 20 states of the 34 required have already called for a Convention for the purpose of writing a balanced budget Amendment. Other groups are calling for a Convention for other purposes.
• Three times in American history, starting with the Bill of Rights, states have taken Article V action that forced Congress to propose an Amendment states wanted.
• It is possible that sometime, in our generation or the next, Congress at the demand of 34 states could call a Convention.
• Tennessee might not be one of those 34 states, but we have an obligation to protect our Constitution.
•This Bill requires that Tennessee's . delegates must obey the limits on their authority in the State's Article V Resolution and obey instructions from the Tennessee General Assembly.
• Delegates who violate the law can be immediately replaced by the Tennessee General Assembly.
• Anyone seeking to become a Delegate must pledge to obey the law.
• The power of the General Assembly to replace Delegates ensures they will obey the law and keep a Convention limited if one is ever held.
• Some opponents favor placing no limits on the authority of delegates and making a Convention, if one is ever held, AS RISKY AS POSSIBLE.
• But making a Convention, if one is ever held, as risky as possible may the riskiest strategy of all.
• Our Constitution deserves EVERY POSSIBLE SAFEGUARD.
• If you want Tennessee law permit an unlimited Convention free to ignore limits set by the states who called for it, vote against this bill.
But if you believe that a Convention, IF one is ever called, should be STRICTLY AND ENFORCEABLY LIMITED to the very specific purpose set by the states who called for that Convention, then you should SUPPORT SB 1432.
• To protect our Constitution and honor those, like James Madison, who helped write it, please support SB 1432
TEXT OF SB 1432
009149
-1-
SENATE BILL 1432
By Norris
AN ACT to amend Tennessee Code Annotated, Title 2 and
Title 3, relative to relative to Article V conventions
and delegates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 1, is amended by adding the
following sections as a new part thereto:
3-1-1801.
This part shall apply whenever an Article V convention is called.
3-1-1802.
As used in this part, unless the context otherwise requires:
(1) "Alternate delegate" means an individual elected as an alternate
delegate as provided by this part;
(2) "Article V convention" means a convention for proposing amendments
to the Constitution of the United States called for by the states under Article V of
the Constitution of the United States;
(3) "Delegate" means an individual elected as provided by this part to
represent Tennessee at an Article V convention;
(4) "House of representatives" means the house of representatives of the
general assembly;
(5) "Paired delegate" means the delegate with whom an alternate
delegate is paired as provided by this part; and
(6) "Senate" means the senate of the general assembly.
SB1432
009149
-2-
3-1-1803.
(a) At the time delegates and alternate delegates are elected, the general
assembly shall adopt a joint resolution to provide instructions to the delegates and
alternate delegates regarding the following:
(1) The rules of procedure; and
(2) Any other matter relating to the Article V convention that the general
assembly considers necessary.
(b) The general assembly may amend the instructions at any time by joint
resolution.
3-1-1804.
(a) An alternate delegate shall:
(1) Act in the place of the alternate delegate's paired delegate when the
alternate delegate's paired delegate is absent from the Article V convention; or
(2) Replace the alternate delegate's paired delegate if the alternate
delegate's paired delegate vacates the office.
(b) A vote cast by a delegate or an alternate delegate at an Article V convention
that is outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention;
is void.
(c) A delegate or alternate delegate who votes or attempts to vote outside the
scope of:
- 3 - 009149
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention;
forfeits the delegate's appointment by virtue of that vote or attempt to vote.
(d) The paired alternate delegate of a delegate who forfeits appointment under
subsection (c) becomes the delegate at the time the forfeiture of the appointment occurs.
3-1-1805.
The application of the general assembly to call an Article V convention for
proposing amendments to the Constitution of the United States ceases to be a
continuing application and shall be treated as having no effect if all of the delegates and
alternate delegates vote or attempt to vote outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention.
3-1-1806.
(a) It is an offense for a delegate or alternate delegate to knowingly or
intentionally vote or attempt to vote outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
- 4 - 009149
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention.
(b) A violation of subsection (a) is a Class E felony.
3-1-1808.
(a) An individual must satisfy the following requirements to be appointed as a
delegate or as an alternate delegate to an Article V convention:
(1) The individual shall be a resident of Tennessee for at least one (1) full
year immediately prior to the appointment;
(2) The individual shall be a registered voter in Tennessee;
(3) The individual shall be at least eighteen (18) years of age; and
(4) The individual shall not be registered or required to be registered as a
lobbyist under title 3, chapter 6, part 3 or under § 2 U.S.C. 1603, or rules or
regulations adopted under such laws.
(b) An individual may not be appointed as a delegate or as an alternate delegate
if the individual holds a federal elected or appointed office.
3-1-1809.
(a) Whenever an Article V convention is called, the general assembly shall
appoint:
(1) The number of delegates allocated to represent Tennessee; and
(2) An equal number of alternate delegates; under rules adopted jointly by
the house of representatives and the senate. Unless established otherwise by
the rules and procedures of an Article V convention, it shall be assumed that
- 5 - 009149
Tennessee has two (2) delegates and two (2) alternate delegates designated to
represent Tennessee.
(b) If the general assembly is not in session during the time during which
delegates to an Article V convention must be appointed, the governor shall call the
general assembly into special session under Article III, Section 9 of the Constitution of
Tennessee for the purpose of appointing delegates and alternate delegates.
3-1-1810.
(a) To be elected a delegate or an alternate delegate, an individual shall receive,
in each house of the general assembly, a two-thirds (2/3) vote of all the members to
which such house is entitled under the Tennessee Constitution.
(b) At the time of election, each alternate delegate shall be paired with a
delegate as provided in a joint resolution adopted by the general assembly.
(c) The general assembly may recall any delegate or alternate delegate and
replace that delegate or alternate delegate with an individual appointed under this
section at any time.
(d) The general assembly shall appoint or recall delegates or alternate delegates
by joint resolution.
3-1-1811.
(a) A delegate or an alternate delegate shall not receive compensation, but shall
be eligible for reimbursement for expenses and mileage in accordance with the
regulations promulgated by the commissioner of finance and administration and
approved by the attorney general and reporter.
(b) For purposes of Article II, Section 26 of the Constitution of Tennessee, the
position of delegate or alternate delegate is not a lucrative office.
- 6 - 009149
(c) All funds necessary to pay expenses under subsection (a) shall be paid from
appropriations to the general assembly.
3-1-1812.
(a) Each delegate and alternate delegate shall, after appointment and before the
delegate or alternate delegate may exercise any function as delegate or alternate
delegate, execute an oath in writing that the delegate or alternate delegate will:
(1) Support the Constitution of the United States and the Constitution of
Tennessee;
(2) Faithfully abide by and execute any instructions to delegates and
alternate delegates adopted by the general assembly and as may be amended
by the general assembly at any time; and
(3) Otherwise faithfully discharge the duties of delegate or alternate
delegate.
(b) A delegate's or alternate delegate's executed oath shall be filed with the
secretary of state.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.
If you have any questions or would like to become more involved in the effort to pass similar legislation in other states please contact us.
Roman Buhler
Director
The Madison Coalition
202 255 5000 www.MadisonCoalition.Org
The bill limits the authority of delegates to an Article V Convention, if one is ever held, to the scope of the state's Article V Resolution, and provides for the immediate replacement of any delegate who violates the law by exceeding his or her authority.
Here are talking points and the text of the bill,
TALKING POINTS:
SUPPORT SB 1432 TO PROTECT OUR CONSTITUTION
• SB 1432, the "FAITHFUL DELEGATE" bill would ensure that delegates to a Convention called to propose an Amendment to the U.S. Constitution, if there ever was such a Convention, would be "faithful to" to limits imposed on that Convention by the states that called it.
• The bill is similar in purpose to legislation in other states to ensure that PRESIDENTIAL ELECTORS remain faithful to their pledged candidate for President when voting in the Electoral College.
• Supporting this bill does NOT mean you support calling a Convention or using Article V of the U.S. Constitution.
• But 20 states of the 34 required have already called for a Convention for the purpose of writing a balanced budget Amendment. Other groups are calling for a Convention for other purposes.
• Three times in American history, starting with the Bill of Rights, states have taken Article V action that forced Congress to propose an Amendment states wanted.
• It is possible that sometime, in our generation or the next, Congress at the demand of 34 states could call a Convention.
• Tennessee might not be one of those 34 states, but we have an obligation to protect our Constitution.
•This Bill requires that Tennessee's . delegates must obey the limits on their authority in the State's Article V Resolution and obey instructions from the Tennessee General Assembly.
• Delegates who violate the law can be immediately replaced by the Tennessee General Assembly.
• Anyone seeking to become a Delegate must pledge to obey the law.
• The power of the General Assembly to replace Delegates ensures they will obey the law and keep a Convention limited if one is ever held.
• Some opponents favor placing no limits on the authority of delegates and making a Convention, if one is ever held, AS RISKY AS POSSIBLE.
• But making a Convention, if one is ever held, as risky as possible may the riskiest strategy of all.
• Our Constitution deserves EVERY POSSIBLE SAFEGUARD.
• If you want Tennessee law permit an unlimited Convention free to ignore limits set by the states who called for it, vote against this bill.
But if you believe that a Convention, IF one is ever called, should be STRICTLY AND ENFORCEABLY LIMITED to the very specific purpose set by the states who called for that Convention, then you should SUPPORT SB 1432.
• To protect our Constitution and honor those, like James Madison, who helped write it, please support SB 1432
TEXT OF SB 1432
009149
-1-
SENATE BILL 1432
By Norris
AN ACT to amend Tennessee Code Annotated, Title 2 and
Title 3, relative to relative to Article V conventions
and delegates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 3, Chapter 1, is amended by adding the
following sections as a new part thereto:
3-1-1801.
This part shall apply whenever an Article V convention is called.
3-1-1802.
As used in this part, unless the context otherwise requires:
(1) "Alternate delegate" means an individual elected as an alternate
delegate as provided by this part;
(2) "Article V convention" means a convention for proposing amendments
to the Constitution of the United States called for by the states under Article V of
the Constitution of the United States;
(3) "Delegate" means an individual elected as provided by this part to
represent Tennessee at an Article V convention;
(4) "House of representatives" means the house of representatives of the
general assembly;
(5) "Paired delegate" means the delegate with whom an alternate
delegate is paired as provided by this part; and
(6) "Senate" means the senate of the general assembly.
SB1432
009149
-2-
3-1-1803.
(a) At the time delegates and alternate delegates are elected, the general
assembly shall adopt a joint resolution to provide instructions to the delegates and
alternate delegates regarding the following:
(1) The rules of procedure; and
(2) Any other matter relating to the Article V convention that the general
assembly considers necessary.
(b) The general assembly may amend the instructions at any time by joint
resolution.
3-1-1804.
(a) An alternate delegate shall:
(1) Act in the place of the alternate delegate's paired delegate when the
alternate delegate's paired delegate is absent from the Article V convention; or
(2) Replace the alternate delegate's paired delegate if the alternate
delegate's paired delegate vacates the office.
(b) A vote cast by a delegate or an alternate delegate at an Article V convention
that is outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention;
is void.
(c) A delegate or alternate delegate who votes or attempts to vote outside the
scope of:
- 3 - 009149
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention;
forfeits the delegate's appointment by virtue of that vote or attempt to vote.
(d) The paired alternate delegate of a delegate who forfeits appointment under
subsection (c) becomes the delegate at the time the forfeiture of the appointment occurs.
3-1-1805.
The application of the general assembly to call an Article V convention for
proposing amendments to the Constitution of the United States ceases to be a
continuing application and shall be treated as having no effect if all of the delegates and
alternate delegates vote or attempt to vote outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention.
3-1-1806.
(a) It is an offense for a delegate or alternate delegate to knowingly or
intentionally vote or attempt to vote outside the scope of:
(1) The instructions established by a joint resolution adopted under § 3-1-
1803; or
- 4 - 009149
(2) The limits placed by the general assembly in a joint resolution that
calls for an Article V convention for the purpose of proposing amendments to the
Constitution of the United States on the subjects and amendments that may be
considered by the Article V convention.
(b) A violation of subsection (a) is a Class E felony.
3-1-1808.
(a) An individual must satisfy the following requirements to be appointed as a
delegate or as an alternate delegate to an Article V convention:
(1) The individual shall be a resident of Tennessee for at least one (1) full
year immediately prior to the appointment;
(2) The individual shall be a registered voter in Tennessee;
(3) The individual shall be at least eighteen (18) years of age; and
(4) The individual shall not be registered or required to be registered as a
lobbyist under title 3, chapter 6, part 3 or under § 2 U.S.C. 1603, or rules or
regulations adopted under such laws.
(b) An individual may not be appointed as a delegate or as an alternate delegate
if the individual holds a federal elected or appointed office.
3-1-1809.
(a) Whenever an Article V convention is called, the general assembly shall
appoint:
(1) The number of delegates allocated to represent Tennessee; and
(2) An equal number of alternate delegates; under rules adopted jointly by
the house of representatives and the senate. Unless established otherwise by
the rules and procedures of an Article V convention, it shall be assumed that
- 5 - 009149
Tennessee has two (2) delegates and two (2) alternate delegates designated to
represent Tennessee.
(b) If the general assembly is not in session during the time during which
delegates to an Article V convention must be appointed, the governor shall call the
general assembly into special session under Article III, Section 9 of the Constitution of
Tennessee for the purpose of appointing delegates and alternate delegates.
3-1-1810.
(a) To be elected a delegate or an alternate delegate, an individual shall receive,
in each house of the general assembly, a two-thirds (2/3) vote of all the members to
which such house is entitled under the Tennessee Constitution.
(b) At the time of election, each alternate delegate shall be paired with a
delegate as provided in a joint resolution adopted by the general assembly.
(c) The general assembly may recall any delegate or alternate delegate and
replace that delegate or alternate delegate with an individual appointed under this
section at any time.
(d) The general assembly shall appoint or recall delegates or alternate delegates
by joint resolution.
3-1-1811.
(a) A delegate or an alternate delegate shall not receive compensation, but shall
be eligible for reimbursement for expenses and mileage in accordance with the
regulations promulgated by the commissioner of finance and administration and
approved by the attorney general and reporter.
(b) For purposes of Article II, Section 26 of the Constitution of Tennessee, the
position of delegate or alternate delegate is not a lucrative office.
- 6 - 009149
(c) All funds necessary to pay expenses under subsection (a) shall be paid from
appropriations to the general assembly.
3-1-1812.
(a) Each delegate and alternate delegate shall, after appointment and before the
delegate or alternate delegate may exercise any function as delegate or alternate
delegate, execute an oath in writing that the delegate or alternate delegate will:
(1) Support the Constitution of the United States and the Constitution of
Tennessee;
(2) Faithfully abide by and execute any instructions to delegates and
alternate delegates adopted by the general assembly and as may be amended
by the general assembly at any time; and
(3) Otherwise faithfully discharge the duties of delegate or alternate
delegate.
(b) A delegate's or alternate delegate's executed oath shall be filed with the
secretary of state.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
it.
If you have any questions or would like to become more involved in the effort to pass similar legislation in other states please contact us.
Roman Buhler
Director
The Madison Coalition
202 255 5000 www.MadisonCoalition.Org
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