Main Theme: This bill proposes to enact new sections within the Ohio Revised Code to establish a comprehensive framework for the process by which Ohio would select, instruct, oversee, and, if necessary, recall delegates to a convention of the states called under Article V of the United States Constitution. The bill emphasizes legislative control over the delegation and aims to ensure delegates adhere strictly to their assigned scope of authority and instructions.
Key Provisions and Important Ideas/Facts:
1. Definitions:
- The bill clearly defines key terms such as “Convention” as “a convention for proposing amendments to the constitution of the United States under Article V of the constitution of the United States,” “Delegate” including interim delegates, “Commissioning resolution,” and “Delegation.” This establishes a clear understanding of the terminology used throughout the legislation.
2. Trigger for Delegate Appointment:
- The General Assembly’s responsibility to appoint delegates is activated “Whenever two-thirds of the legislatures of the several states have applied for, and congress has called, a convention…” This aligns with the requirements of Article V.
3. Delegate Appointment Process and Eligibility:
- Appointment Method: Delegates will be appointed by a “concurrent resolution of the general assembly or by a majority of those present and voting in a joint session of the general assembly.” This underscores the legislative control over the selection process.
- Number of Delegates: An “odd number of delegates” will be appointed to Ohio’s delegation.
- Eligibility Criteria: The bill sets forth stringent eligibility requirements for potential delegates, including:
- U.S. citizenship for at least five years.
- Residency in Ohio for at least five years.
- Being at least twenty-five years old.
- Being a registered elector of Ohio.
- Not being a current or recent federal lobbyist (within the last five years).
- Not being a current or recent federal employee or contractor (other than military members, within the last ten years).
- Not having held a federal elected or appointed office within the last ten years.
- Not having felony convictions for crimes involving moral turpitude or any felony within the last ten years.
- Not holding a statewide office while serving as a delegate (with an explicit exception for members of the General Assembly).
4. Delegate Commission and Instructions:
- The resolution appointing delegates “shall include the delegate’s commission, which shall state clearly the scope of the delegate’s authority.” This emphasizes the importance of clearly defined limits on the delegates’ actions.
- The General Assembly retains the power to “provide additional instructions to delegates at any time through a subsequent resolution…” This allows for ongoing legislative oversight and guidance.
5. Delegate Oath:
- Before assuming their duties, delegates are required to execute a written oath, stating: “‘I do solemnly swear that I accept and will act according to the limits of authority specified in my commission and any present or subsequent instructions. I understand that I may be recalled from my duties by the General Assembly or the advisory committee.’” This oath formalizes the delegate’s commitment to adhering to the established constraints.
6. Delegate Compensation and Expenses:
- Delegates will receive the same compensation as a member of the Ohio House of Representatives, prorated for their service. They are also entitled to reasonable expense allowances.
- Members of the General Assembly serving as delegates will not receive additional compensation but will be reimbursed for actual and necessary expenses.
7. Delegation Leadership and Communication:
- The delegates are tasked with choosing a chair, a person to cast the state’s vote, and a media spokesperson. These roles can be held by the same person or different individuals.
- The bill includes specific provisions regarding delegation unity and media communication: “Each delegate shall take care to avoid communicating the impression to any person outside the delegation that the delegation is divided on a question on which the delegation has taken a formal position…” and “No delegate other than the one designated to communicate with the media on behalf of the delegation shall communicate with the media about convention business…” Violations of these provisions can lead to recall.
- Delegates retain the right to express their opinions and debate matters at the convention when the delegation has not taken a formal position.
- A quorum for delegation decisions, including vote casting, is a majority present and voting, with no decisions or votes allowed if less than a majority participates.
8. Advisory Committee:
- The bill establishes a permanent “advisory committee to the delegation of the state of Ohio” to oversee the delegates.
- Composition: The committee will consist of three members of the General Assembly: one appointed by the Senate President, one by the House Speaker, and one jointly nominated and approved by both chambers.
- Functions: The advisory committee has significant responsibilities, including:
- Providing timely advice to delegates on whether a prospective action would violate their commission, instructions, duties, or prohibitions.
- Developing procedures for monitoring the delegation and the convention.
- Notifying legislative leadership and the Attorney General if they believe a delegate has exceeded their authority or violated prohibitions.
- Investigating potential breaches of authority upon request.
- Recalling delegates: “Upon determining that a delegate has exceeded the scope of the delegate’s authority under this section… immediately recall the delegate…” subject to potential reinstatement by the General Assembly.
- Filling temporary vacancies in the delegation with interim delegates.
9. Prohibited Actions and Penalties:
- Section 3523.99 outlines specific actions that delegates are prohibited from knowingly undertaking:
- “Vote for or otherwise promote any change to the traditional convention rule of decision on the floor and in the committee of the whole, including that each state has one vote;” This aims to preserve the principle of state equality in the convention.
- “Vote in favor of any proposed amendment that would alter the text of the specific guarantees of individual liberty established by the constitution of the United States, including the body of the constitution, the first ten amendments, the thirteenth amendment, the fourteenth amendment, the fifteenth amendment, the nineteenth amendment, the twenty-third amendment, the twenty-fourth amendment, and the twenty-sixth amendment;” This provision seeks to safeguard fundamental rights.
- “Vote in favor of any proposed amendment that is outside the scope of the subject matter as limited by the general assembly’s original application to congress for a convention of the states, as applicable;” This reinforces the legislative control over the convention’s agenda.
- Accepting gifts or benefits exceeding a combined value of two hundred dollars (with exceptions for family and customary family gifts). This includes a broad definition of “gift or benefit.”
- Violation of these prohibitions is classified as a “felony of the third degree.”
Conclusion:
Ohio House Bill 67 represents a detailed and assertive approach to preparing for a potential convention of the states under Article V. The bill prioritizes legislative oversight and control over Ohio’s delegation through clearly defined eligibility criteria, a binding oath, specific instructions and limitations, an empowered advisory committee with recall authority, and stringent prohibitions with criminal penalties for violations. The legislation reflects a strong desire to ensure that Ohio’s delegates act strictly within the boundaries set by the General Assembly and safeguard fundamental constitutional principles and the scope of any potential convention.