User Tools

Site Tools


documents:external:utah_delegate

This is an old revision of the document!


Utah Code 20A-17-101

Original file

IndexUtah Code
Title 20AElection Code
Chapter 18Article V Convention
Section 101Article V convention delegates.
(Effective 5/13/2014)

Effective 5/13/2014
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|


|( c )|if a delegate from the state violates Subsection (2), the nullification of the action that violated Subsection (2).|

(6)A delegate who violates this section is guilty of a third degree felony.



Enacted by Chapter 358, 2014 General Session

documents/external/utah_delegate.1552408704.txt.gz · Last modified: 2019/03/12 16:38 by Oliver Wolcott