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Committee debates bill to define selection, duties and penalties for delegates to a possible Article V convention; members carry the bill over
Summary
HB443 would establish how Alabama appoints and oversees delegates and alternates to a potential Article V constitutional convention, including qualifications, oaths, oversight, compensation and criminal penalties for exceeding authority. Witnesses sharply disagreed about whether the state can or should regulate delegates and the committee voted to carry the bill over indefinitely.
The Constitution, Campaigns and Elections Committee heard extended testimony on House Bill 443, a bill described by its sponsor as a "cleanup" measure intended to establish a legislative methodology for appointing commissioners and alternates if an Article V convention to propose amendments to the U.S. Constitution were called.
Sponsor remarks framed HB443 as administrative: the bill would define how the legislature would appoint commissioners and alternates, set qualifications and compensation, require an oath of office, create an oversight committee and prohibit certain gifts. The sponsor told the committee the measure "simply establishes a methodology for appointing commissioners and alternates to represent Alabama in an article 5 convention for proposing amendments to the US constitution." (sponsor remarks)
Opponents testified that the bill is premature and beyond the state's authority. Iva Hendon, who identified herself as a member of the state executive committee, said: "Passing legislation to regulate something that does not yet exist puts the cart before the horse," and argued Article V grants states only a limited role (applying to Congress) that does not include regulating delegates or guaranteeing a state's method for selecting them.
Legal and policy disagreements followed. Rich Beas, director of Convention of States in Alabama, told the committee that the 2015 state resolution limiting the convention's topics to three items (term limits, federal overreach, and balance) is the operational constraint proponents rely on and described the multi‑state thresholds (he cited 34 states applying and 38 states for ratification) needed to call and adopt amendments. He said several states that joined the 2015 resolution have taken similar steps.
Becky Garrison, executive director of Eagle Forum of Alabama, argued the bill contains problematic provisions: she said the measure would direct commissioners to follow prescribed instructions, provide House-level pay and allowances for commissioners, allow an advisory committee to hire staff, and make exceeding a commission's scope a class C felony. "This bill attempts to regulate a convention that has not been called and that the states have no authority to control," she said.
Witnesses and committee members debated whether state law can bind delegates once a federal convention is called. Some members worried a convention could become "runaway freight" if controls could not be enforced; proponents said state resolutions and internal commissions have historically constrained delegates. The committee heard concerns that litigation could be costly and that some bill provisions might be 'unworkable' if a federal process is not yet underway.
After extended testimony and questioning, a member moved to carry HB443 over; the motion was seconded, put to a voice vote and the chair announced the motion to carry the bill over indefinitely passed. No final committee recommendation on the merits of the bill was adopted during the hearing.
Next steps: HB443 was carried over indefinitely by committee motion; proponents and opponents may return with legal analysis and revised language at a future meeting.
