Utah Code 20A-18-101. Article V convention delegates
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(1) As used in this section:
Terms Used In Utah Code 20A-18-101
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Swear: includes "affirm. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Uphold: The decision of an appellate court not to reverse a lower court decision.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) “Article V application” means an application or resolution passed by the Legislature applying to Congress to call an Article V convention.(1)(b) “Article V convention” means a convention called for the purpose of proposing an Amendment to the United States Constitution as provided in the United States Constitution, Article V.(1)(c) “Delegate” means an individual elected by the Legislature, or by any other method provided by law, to represent the state at an Article V convention.(1)(d) “Legislative instructions” means instruction given by the Legislature to a delegate before or during an Article V convention.(1)(e) “Unauthorized amendment” means a proposed amendment or change to the United States Constitution that is outside the scope of the Article V application and legislative instructions.
(2) A delegate from the state to an Article V convention may not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention.
(3)
(3)(a) A delegate who violates Subsection (2) is immediately recalled and shall be replaced by an alternate selected by the Legislature.
(3)(b) An alternate selected by the Legislature has the same duties and is subject to the same requirements and penalties as a delegate.
(4) Upon selection by the Legislature, or by any other method provided by law, a delegate from the state to an Article V convention shall take the following oath:
“I do solemnly swear (or affirm) that to the best of my abilities, I will, as a delegate to an Article V convention, uphold the Constitution and laws of the United States of America and of the State of Utah, and that I will act at all times in accordance with the Article V application and the legislative instructions given to me as a delegate. I will not act in a manner that supports or approves the proposing of an unauthorized amendment or change to the United States Constitution by the convention.”
(5) The Legislature shall certify in writing to the Article V convention:
(5)(a) the selection of delegates and alternates;
(5)(b) if a delegate is recalled, the recall and replacement of the delegate with an alternate; and
(5)(c) if a delegate from the state violates Subsection (2), the nullification of the action that violated Subsection (2).
(6) A delegate who violates this section is guilty of a third degree felony.