HF 4489

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:49pm

A bill for an act
relating to state government; establishing a process to select delegates to a
constitutional convention; proposing coding for new law in Minnesota Statutes,
chapter 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [1.60] CONVENTION OF STATES FOR AMENDMENT OF UNITED
STATES CONSTITUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Constitutional convention delegate appointment. new text end

new text begin The state must send
five delegates to a convention called by Congress under Article V of the United States
Constitution to amend the United States Constitution. One delegate each must be appointed
by the senate majority leader, the senate minority leader, the speaker of the house of
representatives, and the minority leader of the house of representatives. The four appointing
authorities must appoint a fifth delegate by unanimous choice. If the appointing authorities
are unable to select a fifth delegate unanimously by the deadline for appointment, the state
will send four delegates to the convention.
new text end

new text begin Subd. 2. new text end

new text begin Alternate delegates. new text end

new text begin Each appointing authority may appoint one alternate
delegate to serve in the event that the delegate appointed by that appointing authority is
unable to perform delegate responsibilities. The four appointing authorities may unanimously
appoint one alternate to serve in the event the fifth delegate appointed unanimously by the
four appointing authorities is unable to perform delegate responsibilities.
new text end

new text begin Subd. 3. new text end

new text begin Appointment deadline. new text end

new text begin The delegates and alternates must be appointed within
60 days of the date that Congress calls a convention for proposing amendments or within
a time limit set by Congress, whichever is earlier.
new text end

new text begin Subd. 4. new text end

new text begin Authorized vote. new text end

new text begin A delegate at the convention may not vote to allow
consideration of or to consider or approve any unauthorized amendment. For purposes of
this section, an "unauthorized amendment" means:
new text end

new text begin (1) a proposed amendment that varies from the exact text of the amendment contained
in the application made by the legislature that limits the convention to approving or
disapproving that exact text or, if the legislature did not make the application, the exact text
of the amendment contained in the applications relied upon by the United States Congress
in calling the convention, if the application contains exact text for a proposed amendment;
or
new text end

new text begin (2) a proposed amendment that is outside the permitted subject matter of the application
made by the legislature or, if the legislature did not make the application, the permitted
subject matter of the applications relied upon by the United States Congress in calling the
convention and as the subject matter may be further defined by the legislature, or an official
designated by the legislature, in instructions adopted by the legislature by concurrent
resolution and provided to each delegate and alternate delegate.
new text end

new text begin Subd. 5. new text end

new text begin Advice. new text end

new text begin A delegate may request guidance from the legislature or an official
designated by the legislature as to whether a proposed amendment is within the permitted
subject matter of the convention.
new text end

new text begin Subd. 6. new text end

new text begin Unauthorized vote. new text end

new text begin A delegate casting or attempting to cast a vote at a
convention in violation of this section is ineligible to continue to serve as a delegate and
must be immediately removed from office and replaced by an alternate delegate as provided
under this section. A vote cast by a delegate at a convention that is in violation of this section
is void.
new text end