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Bill

LC 1638

Article V convention commissioner selection and credentialing act

2025 Regular Session

Montana bill creating procedures for selecting and credentialing state delegates to a potential Article V constitutional convention.

(LC) Draft Died in Process
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Bill Summary · LC 1638

Legislative bill overview

LC 1638 establishes a process for Montana to select and credential commissioners who would represent the state at an Article V constitutional convention. An Article V convention is a mechanism that allows states to propose amendments to the U.S. Constitution, requiring approval from two-thirds of state legislatures to call the convention. This bill creates the procedural framework for how Montana would choose its delegates and verify their credentials for such a convention.

Why is this important

Article V conventions are extraordinarily rare (none have been successfully called in U.S. history) and would represent a fundamental shift in how the Constitution could be amended, bypassing Congress. This bill addresses the practical mechanics of Montana's participation in such an event. The selection and credentialing process directly affects which Montanans would have power to propose constitutional changes—a decision with potentially significant downstream effects on what amendments might be considered.

Potential points of contention

  • Constitutional amendment scope: Disagreement over whether an Article V convention would be limited to a single amendment topic or could become a "runaway convention" that rewrites multiple constitutional provisions
  • Partisan representation: Uncertainty about how commissioners should be selected to ensure balanced political representation versus majority-party control
  • Precedent and legitimacy: Questions about whether Montana's unilateral credentialing process would be recognized as valid by other states and Congress in an unprecedented constitutional scenario

Compiled from official sources — confirm details with the bill’s official record.

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