HF 2513

as introduced - 94th Legislature (2025 - 2026) Posted on 03/20/2025 03:02pm

A bill for an act
relating to state government; establishing a process to select delegates to attend
an amendment convention held under Article V of the United States Constitution;
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 Applicability. new text end

new text begin This section applies to an amendment convention held
under Article V of the United States Constitution.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Advisory committee" means the committee established in subdivision 12.
new text end

new text begin (c) "Chamber" means either the house of representatives or the senate.
new text end

new text begin (d) "Delegate" means a person selected to represent Minnesota at an amendment
convention held under Article V Convention of United States Constitution.
new text end

new text begin (e) "Commissioning resolution" means the resolution adopted by the house of
representatives and senate that sets forth the names of the appointed delegates and the
delegates' commissions and instructions.
new text end

new text begin (f) "Delegation" means the group of delegates and interim delegates chosen by the
legislature to attend an amendment convention held under Article V of the United States
Constitution, with the powers and duties defined in this section.
new text end

new text begin (g) "Interim delegate" means a person selected by the advisory committee under
subdivision 8 to fill a vacancy in the delegation.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications of delegates. new text end

new text begin At the time of appointment and throughout the
amendment convention held under Article V of the United States Constitution, a delegate
must:
new text end

new text begin (1) be a United States citizen for at least five years;
new text end

new text begin (2) be a resident of Minnesota for at least five years;
new text end

new text begin (3) be at least 25 years of age;
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new text begin (4) be a registered voter in Minnesota;
new text end

new text begin (5) not be registered or required to be registered as a federal lobbyist at any time within
the last ten years;
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new text begin (6) not be a federal employee or contractor, except a member of the United States armed
forces, at any time within the last ten years;
new text end

new text begin (7) not have held a federal elected or appointed office at any time within the last ten
years;
new text end

new text begin (8) not have had any felony convictions for crimes in any jurisdiction within the last ten
years;
new text end

new text begin (9) not hold a statewide office while performing the duties of delegate or interim delegate;
and
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new text begin (10) be a current or former member of the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Delegate selection and removal. new text end

new text begin (a) Minnesota must send five delegates to an
amendment convention held under Article V of the United States Constitution. One delegate
each must be appointed by the senate majority leader, the senate minority leader, the speaker
of the house, 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, Minnesota
must send four delegates to the convention. The selection process must be used for an
amendment convention held under Article V of the United States Constitution.
new text end

new text begin (b) Each appointing authority may appoint one alternate delegate to serve in the event
the delegate appointed by the appointing authority is unable to perform delegate
responsibilities. The four appointing authorities may unanimously appoint one alternate
delegate 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 (c) The delegates and alternates must be appointed no later than 30 days before the date
of an amendment convention held under Article V of the United States Constitution or no
later than 30 days before a time limit set by Congress, whichever is earlier.
new text end

new text begin (d) A delegate or interim delegate must be recalled or suspended by the advisory
committee pursuant to a determination under subdivision 13 that the delegate has exceeded
the scope of the delegate's authority.
new text end

new text begin Subd. 5. new text end

new text begin Commissioning resolution. new text end

new text begin (a) The resolution naming the delegates serves as
the delegates' commission. The commission includes but is not limited to the following:
new text end

new text begin (1) a delegate must not vote for or otherwise promote a change to the traditional
convention rule of decision on the floor and in the committee of the whole, including but
not limited to the rule that each state has one vote; and
new text end

new text begin (2) a delegate must not vote in favor of a proposed amendment that would alter the text
of the specific guarantees of individual liberty established by the Constitution, including
the original Constitution, the Bill of Rights, and the following amendments: Thirteenth,
Fourteenth, Fifteenth, Nineteenth, Twenty-Third, Twenty-Fourth, and Twenty-Sixth.
new text end

new text begin (b) The commissioning resolution must clearly state the scope of the delegates' authority,
which is limited by the following:
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new text begin (1) if Minnesota was not one of the two-thirds of the states applying for the convention,
the subject matter enumerated in the 34 state applications that triggered the convention or,
if Minnesota was one of the two-thirds of the states applying for the convention, the subject
matter in Minnesota's application; and
new text end

new text begin (2) additional instructions from the legislature, whether in the commissioning resolution
or issued thereafter.
new text end

new text begin (c) The legislature may provide additional instructions at any time via subsequent
resolution, a copy of which the chief clerk of the house of representatives must provide to
each delegate and to the advisory committee.
new text end

new text begin Subd. 6. new text end

new text begin Oath. new text end

new text begin (a) Each delegate must, before exercising any function of the position,
execute the following oath in writing: "I do solemnly swear (or affirm) that I accept and
will act according to the limits of authority specified in my commission and any present or
subsequent instructions. I understand that violating this oath may subject me to penalties
provided by law. I understand that I may be recalled or suspended from my duties by the
legislature or the advisory committee."
new text end

new text begin (b) A delegate's executed oath must be filed with the secretary of state.
new text end

new text begin Subd. 7. new text end

new text begin Credentials. new text end

new text begin After a delegate's executed oath is filed with the secretary of state,
the chief clerk of the house of representatives must provide to the delegate an official copy
of the executed oath and the commissioning resolution, which together serve as the delegate's
credentials.
new text end

new text begin Subd. 8. new text end

new text begin Vacancies. new text end

new text begin A vacancy must be filled by the advisory committee's interim
delegate selection until a vote by a joint session of the legislature selects a permanent
replacement.
new text end

new text begin Subd. 9. new text end

new text begin Compensation and expenses. new text end

new text begin (a) A delegate must receive the same
compensation as a member of the house of representatives, prorated for the length of time
served. This paragraph does not apply to a delegate who is a current member of the
legislature.
new text end

new text begin (b) A delegate is entitled to receive the same allowance for expenses as provided to a
member of the house of representatives.
new text end

new text begin Subd. 10. new text end

new text begin Emolument and gift prohibition. new text end

new text begin A delegate or an interim delegate is
prohibited from accepting gifts or benefits with a combined value of more than $200 during
the delegate's or interim delegate's time of service, other than from a member of the delegate's
or interim delegate's family and of the kind customarily granted by a member of one's family.
The term "gift or benefit" must be construed liberally to include current and future loans,
lodging, food, offer of prospective employment, and other actual and prospective benefits.
An employer's decision to continue paying a delegate's current salary is not a gift.
new text end

new text begin Subd. 11. new text end

new text begin Quorum, conduct, and rule of decision with the delegation. new text end

new text begin (a) The delegates
within the delegation, including interim delegates, must select one of the delegates to chair
the delegation, a delegate to cast Minnesota's vote on the convention floor, and a delegate
to speak to the media on behalf of the delegation. The delegation may select the same
delegate to exercise any or all of the functions. The chair may designate a different delegate
to perform any function at any time.
new text end

new text begin (b) Each delegate must avoid communicating the impression to a person outside the
delegation that the delegation is divided on a question on which the delegation has taken a
formal position, including but not limited to casting a vote.
new text end

new text begin (c) A delegate that is not the delegate designated to communicate with the media on
behalf of the delegation is prohibited from communicating with the media about convention
business during the convention or during a temporary recess or temporary adjournment.
new text end

new text begin (d) A delegate that violates paragraph (b) or (c) may be suspended or recalled by the
advisory committee.
new text end

new text begin (e) Paragraphs (b) and (c) do not prevent a delegate from presenting the delegate's
opinions to the convention or debating a matter at the convention on which the delegation
has not taken a formal position.
new text end

new text begin (f) The quorum for decision by the delegation, including designating delegates for
particular duties and determining how Minnesota's vote is cast, is a majority present and
voting at the time the delegation is polled. A decision must not be made and vote must not
be cast if less than a majority of the delegation votes in the poll.
new text end

new text begin (g) For purposes of a delegation decision, a quorum is a majority of the delegates present
and voting at the time the delegation is polled.
new text end

new text begin Subd. 12. new text end

new text begin Article V delegate advisory committee. new text end

new text begin (a) The advisory committee consists
of the senate majority leader, the senate minority leader, the speaker of the house, and the
minority leader of the house of representatives.
new text end

new text begin (b) The advisory committee must select one of the advisory committee's members to
serve as chair.
new text end

new text begin (c) A delegate may request that the advisory committee advise the delegate regarding
whether a prospective action by the delegate violates the commissioning resolution or any
subsequent instructions. The advisory committee must communicate a determination to the
delegate requesting the advice within 24 hours of receiving the request. The advisory
committee may communicate the determination by any appropriate medium.
new text end

new text begin (d) The advisory committee may develop appropriate procedures and mechanisms to
monitor the convention, the convention's committees, and the convention's subcommittees.
new text end

new text begin Subd. 13. new text end

new text begin Monitoring the exercise of delegate authority. new text end

new text begin (a) Whenever the advisory
committee has reason to believe that a delegate or interim delegate has exceeded the scope
of the delegate's or interim delegate's authority, the advisory committee must determine
whether the delegate or interim delegate did exceed the delegate's or interim delegate's
authority. The determination must be made expeditiously and immediately communicated
to the delegate or interim delegate and to the attorney general.
new text end

new text begin (b) Upon determining that a delegate or interim delegate has exceeded the scope of the
delegate's or interim delegate's authority under paragraph (a), the advisory committee must
immediately remove the delegate under subdivision 4 and communicate the action and the
reasons supporting the action to the attorney general and the presiding officers of the
convention.
new text end

new text begin (c) A delegate or interim delegate that is removed for exceeding the delegate's scope of
authority is subject to a civil penalty of up to $20,000. The attorney general must enforce
this paragraph.
new text end