§ 54-03-33 — Certification of delegates to United States convention of the states

North Dakota § 54-03-33

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-03: Legislative Assembly

Text

1. If a convention of the states is called pursuant to article V of the United States
Constitution, the legislative assembly or an official designated by the legislative
assembly shall certify each delegate and alternate delegate from this state to the
convention and provide a written copy of the certification to each delegate and
alternate delegate and to the convention. If a delegate is ineligible or unwilling to serve
as a delegate at the convention, the legislative assembly or the official designated by
the legislative assembly shall certify an alternate delegate to replace the delegate and
immediately provide a copy of the certification to the delegate and the convention.
2. If a delegate is rendered ineligible to serve under subsection 4, the delegate's
certification must provide notice to the convention that any vote or other action taken
by that delegate should be considered void.
3. An individual who has not been certified under this section may not serve as a
delegate at the convention.
4. As a condition of being eligible for consideration or selection as a delegate or alternate
delegate, each delegate and alternate delegate shall execute the following oath:
I do solemnly swear or affirm that I will, to the best of my abilities, support the United
States Constitution and the Constitution of North Dakota and I will not vote to allow
consideration of or consider or approve any unauthorized amendment proposed for
ratification to the United States Constitution. I understand that a violation of this oath

will result in my being rendered ineligible to serve as a delegate at the convention as
well as subject me to additional penalties under the laws of North Dakota.
5. A delegate at the convention may not vote to allow consideration of or consider or
approve any unauthorized amendment. An "unauthorized amendment" means:
a. A proposed amendment that varies from the exact text of the amendment
contained in the application made by the legislative assembly, which limits the
convention to approving or disapproving that exact text, or if the legislative
assembly did not make the application, the exact text of the amendment
contained in the applications relied upon by the United States Congress in calling
the convention, if the application contains exact text for a proposed amendment;
or
b. A proposed amendment that is outside the permitted subject matter of the
application made by the legislative assembly, or if the legislative assembly did not
make the application, the permitted subject matter of the applications relied upon
by the United States Congress in calling the convention and as the subject matter
may be further defined by the legislative assembly or an official designated by the
legislative assembly, in instructions adopted by the legislative assembly by
concurrent resolution and provided to each delegate and alternate delegate.
6. The legislative assembly or an official designated by the legislative assembly shall
provide guidance upon the request of any delegate or alternate delegate as to whether
a proposed amendment is within the permitted subject matter of the convention.
7. A delegate casting or attempting to cast a vote at a convention in violation of this
section must be rendered ineligible to continue to serve as a delegate and must be
immediately removed from office and replaced by an alternate delegate as provided
under this section. A vote cast by a delegate at a convention which is in violation of this
section is void.