What This Bill Does
This bill requires the Senate and House of Representatives to publicly post state applications requesting a constitutional convention (a meeting to propose changes to the Constitution). The bill mandates that these documents be made searchable and organized on official websites within 90 days of the law taking effect.
Who It Affects
The Secretary of the Senate, the Clerk of the House of Representatives, and the general public who want to find information about state constitutional convention requests.
Key Provisions
• The Secretary of the Senate must post all state memorials (formal requests) for a constitutional convention in a searchable electronic format on the Senate website, organized by state and year received. (Sec. 1(b)(1)(A))
• The Senate must indicate whether each memorial is an application for a constitutional convention or a rescission (cancellation) of a previous request. (Sec. 1(b)(1)(B))
• The Senate must provide the citation showing where the application or rescission was recorded in the Congressional Record. (Sec. 1(b)(1)(C))
• The Clerk of the House of Representatives must follow the same requirements for memorials presented in the House, including posting in searchable format, labeling applications versus rescissions, and providing Congressional Record citations. (Sec. 1(b)(2)(A), (B), (C))
What Changes
State constitutional convention requests will become publicly accessible through searchable databases on official Senate and House websites instead of being difficult to locate.
Important Definitions
An "Article V Convention" is a constitutional convention called by Congress when two-thirds of state legislatures request it, allowing amendments that become valid when three-fourths of states ratify them. (Sec. 1(a))
Effective Date
Within 90 days after this law is enacted. (Sec. 1(b))
II
118TH CONGRESS
1ST SESSION
S. 810
To create requirements relating to memorials submitted pursuant to Article
V of the Constitution of the United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 15, 2023
Mr. BRAUN introduced the following bill; which was read twice and referred
to the Committee on Rules and Administration
A BILL
To create requirements relating to memorials submitted pur-
suant to Article V of the Constitution of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. TRANSPARENCY RELATING TO MEMORIALS
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SUBMITTED PURSUANT TO ARTICLE V OF
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THE CONSTITUTION OF THE UNITED STATES.
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(a) DEFINITION.—In this Act, the term ‘‘Article V
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Convention’’ means a convention as described in Article
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V of the Constitution of the United States that is called
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by Congress on the application of the legislatures of 2⁄3
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of the several States for proposing amendments that shall
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•S 810 IS
be valid to all intents and purposes as part of the Con-
1
stitution of the United States when ratified by the legisla-
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tures of 3⁄4 of the several States, or by conventions in 3⁄4
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thereof, as one or the other mode of ratification may be
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proposed by Congress.
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(b) TRANSPARENCY
REQUIREMENTS.—Not later
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than 90 days after the date of enactment of this Act, with
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respect to any memorial purporting to be an application
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of the legislature of a State calling for an Article V Con-
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vention or a rescission of any such prior application by
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the legislature of a State that is presented under Rule VII
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of the Standing Rules of the Senate, or under clause 3
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of Rule XII of the Rules of the House of Representatives,
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as applicable—
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(1) if the memorial is presented in the Senate,
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the Secretary of the Senate shall—
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(A) make each memorial publicly available
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in a searchable electronic format on a page of
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the official website of the Senate, organized by
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State of origin and year of receipt;
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(B) indicate whether the memorial was
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designated as an application or a rescission;
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and
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(C) provide the citation to the Congres-
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sional Record at which the application or rescis-
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sion was recorded; and
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(2) if the memorial is presented in the House
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of Representatives, the Clerk of the House of Rep-
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resentatives shall—
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(A) make each memorial publicly available
7
in a searchable electronic format on a page of
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the official website of the House of Representa-
9
tives, organized by State of origin and year of
10
receipt;
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(B) indicate whether the memorial was
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designated as an application or a rescission;
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and
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(C) provide the citation to the Congres-
15
sional Record at which the application or rescis-
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sion was recorded.
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Æ
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