ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2908: constitutional convention; faithless delegates

Sponsor: Representative Kolodin, LD 3

Committee on Federalism, Military Affairs & Elections

Overview

Outlines criminal charges for faithless Arizona constitutional convention delegates and requires convention delegates to take an oath prior to accepting their appointment. Directs the Legislature and Governor to ratify any approved constitutional amendment.

History

Pursuant to Article V of the U.S. Constitution, constitutional amendments may be proposed in two ways: 1) the House and Senate may propose an amendment by a two-thirds vote of the members present in each chamber; or 2) a state convention may be called by two-thirds of state legislatures, 34 of 50 states.

An amendment must be ratified by three-fourths of states to become part of the U.S. Constitution. Since 1960, states have submitted more than 160 applications for an Article V convention (Clerk of the U.S. House of Representatives).

 Provisions

1.   Requires that any approved amendment to the U.S. Constitution be ratified by a bill passed by the Legislature and approved by the Governor. (Sec. 1)

2.   Requires a constitutional convention delegate of Arizona to take an outlined oath of office before accepting the appointment. (Sec. 1)

3.   Outlines that a faithless constitutional convention delegate is:

a.   guilty of a class 2 felony; and

b.   subject to a civil penalty of at least $5,000. (Sec. 1)

4.   Asserts that a faithless constitutional convention delegate must be immediately recalled from the convention delegation. (Sec. 1)

5.   Requires a delegate who is aware of any violation of the oath or any other violation by another delegate to report it to outlined state officials. (Sec. 1)

6.   Defines pertinent terms. (Sec. 1)

7.   Contains a severability clause. (Sec. 2)

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11.  Initials GG/AW               HB 2908

12.  2/9/2026    Page 0 Federalism, Military Affairs & Elections

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