Section 7-9-703 - Delegate to an Article V Convention - Duties and limitations(a) To be considered for the positions of delegate or alternate delegate, a person shall take the following oath: "I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate to an Article V Convention, uphold the Arkansas Constitution, the United States Constitution, and laws of the United States of America and the State of Arkansas. I will not vote to allow consideration of, to consider, or to approve an unauthorized amendment proposed for ratification to the United States Constitution. I agree to faithfully and impartially discharge all duties incumbent on a convention delegate, including the duty to abide by instructions established by joint resolution of the General Assembly of Arkansas and to act only within the scope of the General Assembly's application for the convention. I understand that violation of this oath will result in my immediate recall and replacement at the Article V Convention and that additional criminal penalties may be imposed on me under Arkansas law."
(b) The General Assembly shall determine the instructions, if any, to be given to the delegates, including without limitation instructions that: (1) The delegates shall not support a voting rule other than the rule whereby each state exercises one (1) vote;(2) On all voting matters and the Article V Convention, a simple majority of the Arkansas delegates shall constitute a single vote for the State of Arkansas; and(3) The delegates shall not vote in the affirmative on an unauthorized amendment.(c) If a delegate votes or attempts to vote to allow consideration of, to consider, or to approve an unauthorized amendment for ratification to the United States Constitution, the: (1) Delegate is ineligible to serve as a delegate;(2) Delegate's certification under § 7-9-702(a) is revoked; and(3) Delegate shall be immediately replaced by an alternate delegate.(d) A vote cast or attempted to be cast by a delegate under subsection (c) of this section is null and void.(e) Upon the request of a delegate or alternate delegate, the General Assembly shall provide guidance to the delegate or alternate delegate concerning whether a proposed amendment is within the permitted subject matter of the Article V Convention.(f)(1) If a delegate knowingly violates the oath contained in this section, the delegate is guilty of usurping, overturning, or seizing government under § 5-51-204, a Class B felony.(2) A person convicted of a violation under subdivision (f)(1) of this section is barred from holding public office or state employment from the date of his or her conviction.(g)(1) The delegates shall elect from among the delegates a chairperson who shall serve until the election of a new chairperson by the delegation.(2) The chairperson will report to the General Assembly on all matters pertaining to the activities of the delegates and the Article V Convention.(3) The chairperson shall record all votes cast on proposed amendments by the Arkansas delegation.(h) Each delegate shall immediately notify the Delegate Advisory Group if he or she believes a delegate has violated his or her oath or instructions while participating in the Article V Convention.Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.