Committee debates Article V ‘faithful-delegate’ bill; amendment fails and bill rolled for two weeks

Senate Bill 15-67, a rewrite and expansion of Tennessee’s faithful-delegate statute for a potential Article V amending convention, drew extensive committee discussion and outside testimony. The sponsor described the measure as clarifying commissioner selection, instruction, oversight and qualifications; two three-minute witnesses from Convention of States groups urged passage and outlined proposed safeguards including commissioner qualifications, odd-numbered delegations, roll-call voting and recall mechanisms.

Members pressed witnesses and the sponsor on enforcement, recall mechanics, whether the legislature can lawfully constrain delegates’ votes, and the practical limits of recalling or prosecuting a commissioner after a convention vote. Witnesses cited Chiafalo v. United States as precedent that states can impose penalties on agents who break instructions, and sponsors noted existing Title 3, Chapter 18 provisions and prior amendments. The committee held a roll-call on a drafting-code amendment; the amendment failed (3 ayes, 5 noes) and the bill was placed on committee roll for two weeks.