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|Title 20A||Election Code|
|Chapter 18||Article V Convention|
|Section 101||Article V convention delegates.
20A-18-101. Article V convention delegates.
|(1)||As used in this section: ||( a )||“Article V application” means an application or resolution passed by the Legislature applying to Congress to call an Article V convention.|
|( b )|“Article V convention” means a convention called for the purpose of proposing an amendment to the United States Constitution as provided in the United States Constitution, Article V.|
|( c )|“Delegate” means an individual elected by the Legislature, or by any other method provided by law, to represent the state at an Article V convention.|
|( d )|“Legislative instructions” means instruction given by the Legislature to a delegate before or during an Article V convention.|
|( e )|“Unauthorized amendment” means a proposed amendment or change to the United States Constitution that is outside the scope of the Article V application and legislative instructions.|
|(2)||A delegate from the state to an Article V convention may not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention.|
|(3)|| ||( a )||A delegate who violates Subsection ( 2) is immediately recalled and shall be replaced by an alternate selected by the Legislature.|
|( b )|An alternate selected by the Legislature has the same duties and is subject to the same requirements and penalties as a delegate.|
|(4)||Upon selection by the Legislature, or by any other method provided by law, a delegate from the state to an Article V convention shall take the following oath:
“I do solemnly swear (or affirm) that to the best of my abilities, I will, as a delegate to an Article V convention, uphold the Constitution and laws of the United States of America and of the State of Utah, and that I will act at all times in accordance with the Article V application and the legislative instructions given to me as a delegate. I will not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention.”
|(5)||The Legislature shall certify in writing to the Article V convention: ||( a )||the selection of delegates and alternates;|
|( b )|if a delegate is recalled, the recall and replacement of the delegate with an alternate; and|
|(6)||A delegate who violates this section is guilty of a third degree felony.|
Enacted by Chapter 358, 2014 General Session