MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Rules
By: Senator(s) McDaniel
AN ACT PRESCRIBED TO DEFINE THE DUTIES OF DELEGATES AND ALTERNATE DELEGATES TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES; PROVIDE THAT A VOTE CAST BY A DELEGATE OR AN ALTERNATE DELEGATE THAT IS OUTSIDE THE SCOPE OF THE INSTRUCTIONS GIVEN BY THE LEGISLATURE IS VOID; PROVIDE THAT A DELEGATE OR ALTERNATE DELEGATE WHO VOTES OR ATTEMPTS TO VOTE OUTSIDE THE SCOPE OF THE INSTRUCTIONS GIVEN BY THE LEGISLATURE FORFEITS THE DELEGATES APPOINTMENT BY VIRTUE OF THE VOTE OR ATTEMPT TO VOTE; PROVIDE THAT THE CALL BY THE LEGISLATURE FOR AN ARTICLE V CONVENTION IS WITHDRAWN IF ALL DELEGATES AND ALTERNATE DELEGATES VOTE OR ATTEMPT TO VOTE OUTSIDE THE SCOPE OF THE INSTRUCTIONS GIVEN BY THE LEGISLATURE; PROVIDE THAT A DELEGATE OR ALTERNATE DELEGATE WHO KNOWINGLY OR INTENTIONALLY VOTES OR ATTEMPTS TO VOTE OUTSIDE THE SCOPE OF THE INSTRUCTIONS COMMITS CRIME. ESTABLISH AN ADVISORY GROUP TO EVALUATE WHETHER A DELEGATE OR AN ALTERNATE DELEGATE HAS ACTED OUTSIDE THE SCOPE OF INSTRUCTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. General provisions. This act applies whenever an Article V convention is called.
SECTION 2. Definitions. The definitions in this act apply throughout this act:
(a) "Alternate delegate" refers to an individual appointed as an alternate delegate as provided by law.
(b) "Article V convention" refers to 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.
(c) "Delegate" refers to an individual appointed as provided by law to represent Mississippi at an Article V convention.
(d) "House of Representatives" refers to the House of Representatives of the Legislature.
(e) "Paired delegate" refers to the delegate with whom an alternate delegate is paired as provided by law.
(f) "Senate" refers to the Senate of the Legislature.
SECTION 3. Duties of delegates and alternate delegates. (1) At the time delegates and alternate delegates are appointed, the Legislature shall adopt a concurrent resolution to provide instructions to the delegates and alternate delegates regarding the following:
(a) The rules of procedure.
(b) Any other matter relating to the Article V convention that the Legislature considers necessary.
(2) The Legislature may amend the instructions at any time by joint resolution.
(3) An alternate delegate:
(a) Shall 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; and
(b) Replaces the alternate delegate's paired delegate if the alternate delegate's paired delegate vacates the office.
(4) A vote cast by a delegate or an alternate delegate at an Article V convention that is outside the scope of:
(a) The instructions established by a concurrent resolution adopted under Section 1 of this act; or
(b) The limits placed by the Legislature in a concurrent 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.
(5) (a) A delegate or alternate delegate who votes or attempts to vote outside the scope of:
(i) The instructions established by a concurrent resolution adopted under Section 1 of this act; or
(ii) The limits placed by the Legislature in a concurrent 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.
(b) The paired alternate delegate of a delegate who forfeits appointment under paragraph (a) of this subsection becomes the delegate at the time the forfeiture of the appointment occurs.
(6) The application of the Legislature 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:
(a) The instructions established by a concurrent resolution adopted under Section 1 of this act; or
(b) The limits placed by the Legislature in a concurrent 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.
SECTION 4. A delegate or alternate delegate who knowingly or intentionally votes or attempts to vote outside the scope of:
(a) The instructions established by a concurrent resolution adopted under Section 1 of this act; or
(b) The limits placed by the Legislature in a concurrent 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; commits crime punishment, upon conviction, by imprisonment for not more than one (1) year and/or a Ten Thousand Dollar ($10,00.00) fine.
SECTION 5. Article V convention delegate advisory group. (1) As used in this section, "advisory group" refers to the Article V convention delegate advisory group established by section.
(2) The Article V convention delegate advisory group is established.
(3) The advisory group consists of the following members:
(a) The chief justice of the supreme court.
(b) The chief judge of the court of appeals.
(c) A licensed attorney appointed by the Mississippi Bar Association.
(d) The chief justice of the supreme court is the chair of the advisory group.
(e) The advisory group shall meet at the call of the chair.
(f) The advisory group shall establish the policies and procedures that the advisory group determines necessary to carry out this act.
SECTION 6. Upon request of a delegate or alternate delegate, the advisory group shall advise the delegate or alternate delegate whether there is reason to believe that an action or an attempt to take an action by a delegate or alternate delegate would:
(a) Violate the instructions established by a concurrent resolution adopted under IC 2-8-3-1; or
(b) Exceed the limits placed by the Legislature in a concurrent 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.
(c) The advisory group may render an advisory determination under this section in any summary manner considered appropriate by the advisory group.
(d) The advisory group shall render an advisory determination under this section within twenty-four (24) hours after receiving a request for a determination.
(e) The advisory group shall transmit a copy of an advisory determination under this section in the most expeditious manner possible to the delegate or alternative delegate who requested the advisory determination.
(f) If the advisory group renders an advisory determination under this section, the advisory group may also take an action permitted under Section 7 of this act.
SECTION 7. On its own motion or upon request of the Speaker of the House of Representatives, the Lieutenant Governor, or the Attorney General, the advisory group shall advise the Attorney General whether there is reason to believe that a vote or an attempt to vote by a delegate or alternate delegate has:
(a) Violated the instructions established by a concurrent resolution adopted under IC 2-8-3-1.
(b) Exceeded the limits placed by the Legislature in a concurrent 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.
(c) The advisory group shall issue the advisory determination under this section by one (1) of the following summary procedures:
(i) Without notice or an evidentiary proceeding.
(ii) The advisory group shall render an advisory determination under this section within twenty-four (24) hours after receiving a request for an advisory determination.
(iii) The advisory group shall transmit a copy of an advisory determination under this section in the most expeditious manner possible to the Attorney General.
SECTION 8. Immediately, upon receipt of an advisory determination under Section 7 of this act that finds that a vote or attempt to vote by a delegate or alternate delegate is a violation described in Section 7(a) of this act or in excess of the authority of the delegate or alternate delegate, as described in Section 7(b) of this act, the Attorney General shall inform the delegates, alternate delegates, the Speaker of the House of Representatives, the Lieutenant Governor, and the Article V convention that:
(a) The vote or attempt to vote did not comply with Mississippi law, is void, and has no effect; and
(b) The credentials of the delegate or alternate delegate who is the subject of the determination are revoked.
SECTION 9. This act shall take effect and be in force from and after July 1, 2015.