Ensuring Accountability at a Term Limits Proposal Convention
When states call a convention to propose the term limits amendment to the U.S. Constitution, a key concern is ensuring that the delegates sent to the convention remain focused on their intended purpose. To address this, many states are creating new laws and resolutions known as “faithful delegate or commissioner” acts.
These laws are designed to keep delegates on a short leash, preventing a so-called “runaway convention.” While there is no single federal law, this growing movement of state-level legislation aims to provide guardrails and public reassurance by outlining:
- How delegates are chosen.
- The specific instructions they must follow.
- Consequences for deviating from their mandate.
This movement is part of a larger effort to ensure that any potential convention stays on track and focuses solely on the goal of proposing a term limits amendment.
State-Level Approaches to “Faithful Delegate” Laws
Each state has approached this issue in its own way, but all share the same core mission of accountability.
South Carolina — Faithful Constitutional Convention Commissioner Act (H. 4625)
This bill, introduced in January 2024, outlines serious consequences for delegates who overstep their authority. It makes exceeding a commission a felony, punishable by fines up to $1,000 and up to one year in prison. The bill also criminalizes the act of obstructing or intimidating a commissioner.
Arkansas — Faithful Delegate Resolution (HB 1748)
Passed in early April 2024, this resolution determines the number of delegates Arkansas would send to a convention, sets clear boundaries, and includes penalties for misconduct. It’s a key part of the state’s efforts to contribute to the 34-state threshold needed to trigger a term limits proposal convention.
Virginia — SB 527 (Faithful Delegate Bill)
Introduced in January 2024, this bill sets strict qualifications for delegates, requiring them to be U.S. citizens, meet age and residency requirements, and have no recent lobbying or federal employment history. Most importantly, it forbids delegates from supporting any amendments that would tamper with existing constitutional protections, such as the Bill of Rights.
New Hampshire — HB 269 & HB 392
New Hampshire has considered at least two “faithful delegate” bills, which would clarify procedures, responsibilities, and enforcement mechanisms for any type of interstate convention, including a term limits proposal convention.
Ohio — HB 607 (Faithful Delegate Companion Bill)
This bill works alongside Ohio’s HJR 3 and covers delegate selection procedures, legislative oversight, and public accountability.
The Big Picture and Common Criticisms
A critical point to remember is that this is an amendment proposal convention. The only thing that can come out of it is a proposal… that must then be ratified by 37 states.
Some mistakenly reference this as a “constitutional convention” (which it is not)—citing the 1787 convention, which famously went beyond its original scope. The delegates at that convention were mandated to rewrite the Articles of Confederation. And Article V Proposal Convention works within Article V of the Constitution and is simply granting proposal authority to the states. A power that Congress has and has used for the amendments codified after the Bill of Rights. There is a high bar preventing this process from going off the rails.
However, codifying faithful delegate laws provides assurances in three key areas:
- Loyalty and Accountability: These laws ensure that delegates reflect the will of their state rather than their personal opinions.
- Procedural Clarity: They establish clear rules on how delegates are chosen, recalled, and reimbursed.
- Public Confidence: By putting these guardrails in place, legislators show the public that the process has been carefully considered and that there are safeguards to prevent a runaway convention, complete with penalties including recalling, fining and other potential penalties for commissioners who violate the Act.
The “Faithful Delegate Act” is a unified movement among state legislatures to create a clear framework that binds commissioners to their instructions, defines penalties for misconduct, and strengthens public confidence in the states’ amendment proposal process.