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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
constitutional convention; faithless delegates
Purpose
Outlines requirements for a constitutional delegate, including penalties for a faithless constitutional convention delegate and prescribing an oath of office that a delegate must take before accepting appointment. Requires any approved amendment to the U.S. Constitution to be ratified by a bill and approved by the Governor.
Background
Article V of the U.S. Constitution establishes processes for amending the U.S. Constitution. The U.S. House of Representatives and the U.S. Senate may propose a constitutional amendment by a vote of two-thirds of the members present. Article V also sets forth an alternative method for amending the U.S. Constitution by calling a convention for proposing amendments at the request of two-thirds of the state legislatures. The proposed amendments to the U.S. Constitution must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states (U.S. Const. art. V).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires any approved amendment to the U.S. Constitution to be ratified by a bill passed by the Arizona Legislature and approved by the Governor.
2. Requires an Arizona constitutional convention delegate to take a statutorily prescribed oath of office before accepting the delegate's appointment.
3. Requires a delegate who is aware of any violation of the prescribed oath or any other violation by a delegate to report the violation to the Attorney General, the President of the Arizona Senate and the Speaker of the Arizona House of Representatives.
4. Requires a faithless constitutional convention delegate to be immediately recalled from the delegation.
5. Classifies, as a class 2 felony, knowingly acting as a faithless constitutional convention delegate.
6. Subjects a faithless constitutional convention delegate to a civil penalty of at least $5,000.
7. Defines delegate as a member of a delegation or an alternate to the delegation to a constitutional convention who has been elected, appointed or selected from that position.
8. Defines faithless constitutional convention delegate as a person who is a delegate to a constitutional convention and who knowingly casts a vote or takes any official action in furtherance of subject matter that differs from the legal convention scope.
9. Defines legal convention scope as the subject matter that has been specified in the application for a convention of states by at least two-thirds of the states in their calls for a convention of the states, in the call for the convention of the states from U.S. Congress and by the Arizona Legislature in its application for a convention of states.
10. Contains a severability clause.
11. Becomes effective on the general effective date.
House Action
FMAE 2/11/26 DP 5-2-0-0
3rd Read 2/23/26 37-20-3
Prepared by Senate Research
March 12, 2026
AN/TR/ci