Committee advances bill to require legislative and gubernatorial ratification of any Article V amendment and criminalize 'faithless' convention delegates

HB2037 moved out of the House Federalism, Voluntary Affairs and Elections Committee Tuesday with a due-pass recommendation after the committee adopted a strike‑everything amendment.

The bill, as explained by committee staff, would require that any amendment to the U.S. Constitution proposed by an Article V convention be ratified by a bill passed by the Arizona Legislature and signed by the governor. The amendment the committee adopted also classifies a convention delegate who knowingly votes or takes action contrary to specific legislative instructions as committing a state crime that the amendment describes as a class 2 felony. Committee staff described the measure as adding “guardrails” to an Article V convention process.

Sponsor testimony said the measure grew from concern about a possible “convention of states” and dissatisfaction with the subject‑matter and scope that a national convention could take. Representative Keshle (bill sponsor) told the committee the proposal is intended to ensure delegates sent from Arizona cannot vote for outcomes contrary to what they told Arizona voters they would do.

Committee members asked few staff questions. No members of the public signed in to testify for HB2037. The committee adopted the sponsor’s strike‑everything amendment and then returned the bill with a due‑pass recommendation. The committee chair announced the final committee tally as 4 ayes and 3 nays.

Why it matters: An Article V convention, if ever called by Congress after applications from 34 states, could propose amendments that change federal governance. HB2037 would introduce a state‑level ratification step and impose criminal penalties on delegates who defy explicit legislative directions, shifting oversight and potential enforcement of delegate conduct from the federal to the state level.

Votes at a glance: HB2037 (as amended) — committee action: due‑pass recommendation (committee vote announced as 4 ayes, 3 nays). Roll‑call exchanges during the hearing included Representative Garcia recording a “Nay” on an early call and other members recording mixed responses during the roll call; the committee chair announced the final tally as 4–3 in favor.

What the bill does not do: HB2037 does not itself change the national Article V process — only Arizona’s internal rules for how the state would handle ratification and delegate conduct. The bill does not identify a mechanism for how Arizona would criminally investigate or prosecute a delegate once a federal convention is underway; the amendment text as explained focuses on classification and penalty.

Next steps: With the committee due‑pass recommendation, the bill is eligible to move to the House floor for further consideration and debate.