Bill
HCR 2
Idaho sets internal rules to select, commission, supervise, replace, and remove its Article V convention delegates and alternates, with clear qualifications.
Status: Introduced August 18, 2025; referred to Committee on Government Operations. Classification: concurrent resolution.
Purpose
- Establishes the Idaho Legislature’s internal rules for selecting, commissioning, supervising, replacing, suspending, and removing the state’s delegation (commissioners and alternates) to a convention to propose constitutional amendments under Article V of the U.S. Constitution.
Key provisions (principal rules and requirements)
- Applicability (Rule 1): Rules govern selection and oversight of commissioners representing Idaho at an Article V convention.
- Qualifications (Rule 2): At time of commissioning and while serving, a commissioner/alternate must:
- Be a U.S. citizen for ≥5 years and Idaho resident for ≥5 years.
- Be ≥25 years old and a registered Idaho voter.
- Not have been a registered federal lobbyist within the past 5 years.
- Not be (or have been within past 10 years) a federal employee or federal contractor (excluding U.S. Armed Forces members).
- Not have held a federal elected/appointed office within past 10 years.
- Have no felony convictions for crimes involving moral turpitude, and no felony convictions within past 10 years.
- Not hold a statewide office while serving as commissioner (membership in the Legislature is allowed).
- Failure to meet qualifications vacates the position immediately.
- Selection process (Rule 3):
- Trigger/timing: begins within 21 days after Congress accepts the 34th state application calling for a convention.
- Four legislative leaders (Speaker, House Minority Leader, Senate Majority Leader, Senate Minority Leader) each nominate one commissioner and one alternate (slots 1–4). That four-person committee then nominates a fifth commissioner and alternate within 21 days.
- The full slate (5 commissioners + 5 alternates) must be commissioned by a concurrent resolution adopted by a majority of members elected to and serving in each house. If rejected, a new slate must be submitted within 7 days; process repeats until a slate is commissioned.
- Instructions and binding votes (Rule 4):
- Legislature may give instructions in the commissioning resolution or later by concurrent resolution.
- Any commissioner vote in violation of legislative instructions is declared void ab initio and must not be considered in determining the State’s position.
- Vacancies, replacement (Rule 5): An alternate fills a vacant commissioner seat; replacement alternates must be nominated and commissioned by the same process. If both slots are vacant, both must be filled via the process.
- Removal and suspension (Rules 6–7):
- Commissioners/alternates may be removed at any time for any reason by a concurrent resolution approved by a majority of each house.
- Conviction for exceeding authority under a referenced statute automatically removes a commissioner.
- Legislature may suspend a commissioner by concurrent resolution; alternates act during suspension; suspended commissioners remain suspended until the Legislature votes to reinstate or remove.
- Oath and credentials (Rules 8–9):
- Commissioners must execute a written oath committing to act within their commissioned authority; oath filed with Secretary of State; Clerk provides official copies to commissioners as credentials.
- Compensation and expenses (Rule 10):
- Commissioners receive the same compensation as members of the Idaho House of Representatives, prorated for time served (text truncated in source but indicates parity with legislative pay).
Who is affected
- Potential commissioners and alternates (Idaho residents meeting qualifications).
- Idaho Legislature (responsible for nominations, commissioning, instruction, removal).
- Secretary of State and Clerk of the House (credential filing/distribution).
- Idaho’s representation and participation at any future Article V convention.
Procedural/timeline aspects
- Selection process is triggered only after Congress accepts the 34th state’s call for an Article V convention; initial leader nominations and committee actions are subject to 21-day windows; commissioning requires majority concurrence in both chambers; rejected slates must be replaced within 7 days.
Nature and legal effect
- This is a concurrent resolution establishing legislative rules for Idaho’s internal selection and control of Article V commissioners. It is procedural/internal to the Legislature rather than a statute creating new state law obligations on third parties.
Compiled from official sources — confirm details with the bill’s official record.
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