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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
article V convention; term limits
Purpose
Applies to the U.S. Congress to call an Article V Convention to propose an amendment to the U.S. Constitution to limit the number of terms a person may serve in the U.S. Congress.
Background
Article V of the U.S. Constitution allows a convention to be called to propose an amendment to the U.S. Constitution on application of the Legislatures of two-thirds of the states. Proposed amendments to the U.S. Constitution must be ratified by either: 1) the legislatures of three-fourths of the states; or 2) conventions in three-fourths of the states. The mode of ratification may be proposed by the U.S. Congress (U.S. Const., article V).
In 1992, voters
approved Proposition 107, which amended the Arizona Constitution to impose term
limits on U.S. Senators and U.S. Representatives. The amendment prohibited
U.S. Senators from serving more than two consecutive terms and U.S.
Representatives from serving more than three consecutive terms (Ariz.
Const. art. 7 § 18). In 1995, the U.S. Supreme Court held that state
imposition of term limits on Members of U.S. Congress can only be enacted
through a constitutional amendment passed under the procedures set forth in
Article V of the U.S. Constitution (U.S. Term
Limits, Inc. V. Thornton, 514 U.S. 779 (1995)).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Applies to the U.S. Congress to call an Article V Convention limited to proposing an amendment to the U.S. Constitution to limit the number of terms a person may serve as a Member of the U.S. Senate or a Member of the U.S. House of Representatives.
2. Specifies the application covers the same subject as applications from other states to call for a convention for term limits on Members of U.S. Congress, but that the application not be aggregated with any other application on any other subject.
3. Continues the application until the legislatures of at least two-thirds of the states have made applications on the same subject.
4. Requires the Secretary of State to transmit copies of the resolution to the following individuals, requesting their cooperation:
a) the President of the U.S. Senate;
b) the Speaker of the U.S. House of Representatives;
c) the Secretary of the U.S. Senate;
d) the Clerk of the U.S. House of Representatives;
e) the Chairperson of the U.S. House of Representatives Committee on Judiciary;
f) each Member of the U.S. Congress from Arizona; and
g) the presiding officers of the legislative chambers in each state.
Prepared by Senate Research
February 10, 2022
MH/HW/slp