2015 Indiana Code
TITLE 2. GENERAL ASSEMBLY
ARTICLE 8.2. DELEGATES TO A CONVENTION CALLED UNDER ARTICLE V OF THE CONSTITUTION OF THE UNITED STATES
CHAPTER 4. DUTIES OF DELEGATES AND ALTERNATE DELEGATES


Download as PDF IC 2-8.2-4 Chapter 4. Duties of Delegates and Alternate Delegates IC 2-8.2-4-1 Instructions to delegates Sec. 1. (a) At the time delegates and alternate delegates are appointed, the general assembly shall adopt a joint resolution to provide instructions to the delegates and alternate delegates regarding the following: (1) The rules of procedure. (2) Any other matter relating to the Article V convention that the general assembly considers necessary. (b) The general assembly may amend the instructions at any time by joint resolution. As added by P.L.205-2013, SEC.51. IC 2-8.2-4-2 Duties of alternate delegates Sec. 2. An alternate delegate: (1) shall act in the place of the alternate delegate's paired delegate when the alternate delegate's paired delegate is absent from the Article V convention; and (2) replaces the alternate delegate's paired delegate if the alternate delegate's paired delegate vacates the office. As added by P.L.205-2013, SEC.51. IC 2-8.2-4-3 Vote cast outside the scope of instructions; status of vote Sec. 3. A vote cast by a delegate or an alternate delegate at an Article V convention that is outside the scope of: (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention; is void. As added by P.L.205-2013, SEC.51. IC 2-8.2-4-4 Vote cast outside the scope of instructions; appointment forfeited Sec. 4. (a) A delegate or alternate delegate who votes or attempts to vote outside the scope of: (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose Indiana Code 2015 of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention; forfeits the delegate's or alternate delegate's appointment by virtue of that vote or attempt to vote. (b) If a delegate forfeits appointment under subsection (a), the paired alternate delegate of the delegate becomes the delegate at the time the forfeiture of the appointment occurs. As added by P.L.205-2013, SEC.51. IC 2-8.2-4-5 Vote cast outside the scope of instructions; status of application Sec. 5. The application of the general assembly to call an Article V convention for proposing amendments to the Constitution of the United States ceases to be a continuing application and shall be treated as having no effect if all of the delegates and alternate delegates vote or attempt to vote outside the scope of: (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention. As added by P.L.205-2013, SEC.51. IC 2-8.2-4-6 Vote cast outside the scope of instructions; criminal liability Sec. 6. A delegate or alternate delegate who knowingly or intentionally votes or attempts to vote outside the scope of: (1) the instructions established by a joint resolution adopted under section 1 of this chapter; or (2) the limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention; commits a Level 6 felony. As added by P.L.205-2013, SEC.51. Amended by P.L.168-2014, SEC.1. Indiana Code 2015

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