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Bill

HB 2398

Convention of states delegates have penalties for deviating from what they were sent to convention for

2025 Regular Session Introduced by Eric Brooks and 4 co-sponsors

HB 2398 imposes strict penalties on state delegates at conventions, including fines up to $500,000 and up to 10 years in prison for exceeding their authority.

To House Judiciary
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WeVote Research Nonpartisan
Bill Summary · HB 2398

Summary of House Bill 2398 (HB 2398)

Bill Overview

Bill Number: HB 2398
Title: Convention of States Delegates Have Penalties for Deviating from What They Were Sent to Convention For
Status: To House Judiciary
Introduced: January 31, 2025
Subject: Elections

Purpose and Intent

House Bill 2398 aims to establish strict penalties for delegates attending a convention of states who exceed their designated authority. The bill seeks to ensure that delegates remain accountable to the mandates given to them by their respective states when participating in efforts to modify the United States Constitution.

Key Provisions

  • Penalties for Deviations: The bill specifies that any delegate who deviates from their assigned authority during a convention of states is subject to:
    • Mandatory Recall: Immediate removal from their position as a delegate.
    • Fines: A financial penalty ranging from $100,000 to $500,000.
    • Imprisonment: A potential prison sentence of up to 10 years.
  • Vote Nullification: Any votes cast by a delegate who has deviated from their authority will be rendered void.

Affected Parties

  • Delegates: Individuals selected to represent their states at a convention of states will be directly impacted by this legislation, as it imposes significant legal and financial consequences for non-compliance.
  • State Governments: States may need to consider the implications of this bill when selecting delegates and defining their mandates.

Procedural Aspects

  • Legislative Journey:

    • The bill was introduced on February 14, 2025, and has undergone several legislative actions, including referrals to various committees.
    • It was first read and referred to the Rules Committee on February 4, 2025.
    • As of March 28, 2025, it has gained a co-sponsor, Rep. Edgar González, Jr.
  • Next Steps: The bill is currently under review by the House Judiciary Committee, where further discussions and potential amendments may occur.

Conclusion

HB 2398 represents a significant legislative effort to regulate the conduct of delegates at conventions of states, emphasizing accountability and adherence to state mandates. The proposed penalties reflect a strong stance on maintaining the integrity of the constitutional amendment process.

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

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