Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.C.R. 1038
article V convention; delegates; election
Purpose
Specifies that, if the U.S. Congress or the States proposed an amendment to the U.S.
Constitution and propose that it be ratified by convention of the States, the Governor of Arizona
must fix, by a statewide proclamation, the date of an election for the purpose of electing delegates
to the Article V convention.
Background
Article V of the U.S. Constitution establishes processes for amending the U.S. Constitution.
The U.S. House and U.S. Senate may propose a constitutional amendment by a vote of two-thirds
of the members present. Article V also sets forth an alternative method for amending the U.S.
Constitution by calling a convention for proposing amendments at the request of two-thirds of the
state legislatures. The proposed amendments to the U.S. constitution must be ratified by the
legislatures of three-fourths of the states or by conventions in three-fourths of the states (U.S.
Const., article V).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Specifies that, if the states or the U.S. Congress propose an Article V amendment, the Governor
of Arizona must fix, by statewide proclamation, the date of an election for the purpose of
electing delegates to such convention in Arizona.
2. Allows the election to either be at a special election or the same time as a general election, but
that it must be held at least as soon as the next special or general election occurring more than
three months after the amendment has been proposed.
3. Allows all electors who have registered to vote in the election.
4. Requires the registration of voters to be reopened by the county recorder on the third Monday
preceding the special election and be closed at 5:00 pm on the following Saturday, should a
special election be called.
5. Allows all electors who were registered at the last general election or who are registered during
the period of registration that is reopened for the special election to vote at such special
election. FACT SHEET
S.C.R. 1038
Page 2
6. Requires the election to be conducted and the results thereof ascertained and certified in the
same manner as in the case of the election of state officers in Arizona and all provisions of the
laws in Arizona relative to elections except those that are inconsistent with this act are made
applicable to such election.
7. Requires the number of delegates to be chosen at such a convention be a currently unspecified
amount to be elected among eligible voters from each U.S. congressional district or county or
by statewide ballot.
8. Requires candidates for the Office of Delegate to the Convention to be qualified electors of
Arizona.
9. Requires nominations to be without party or political designation, but the nominating petitions
must contain a signed statement by the nominee declaring the nominee's favoring or opposing
ratification.
10. Prohibits a nominating petition from being accepted unless the statement is contained therein.
11. Specifies that a nomination is not effective except those of the nominees in favor of the
ratification and the nominees against ratification as were first filed with the Secretary of State.
12. Allows the county executive to assign a local resident to fill the position or may reduce the
number of nominees to balance their representation in both groups if no petition is received by
the filing deadline for a district nominee.
13. Requires the Secretary of State, within 10 days after petitions are filed, to certify the candidates
of each group to the Board of Supervisors or County Executive of the respective counties of
Arizona.
14. Requires all petitions to be filed with the Secretary of State not less than 30 days before the
properly proclaimed date of the election.
15. Requires the two groups of certified petitioners to gather at the State Capitol at a time and place
to be determined by the Speaker of the House of Representatives and the President of the
Senate before the election to take an official oath of office.
16. Requires the election to be held by in-person ballot only.
17. Requires a separate ballot to be used at the same election and be prepared with outlined
specifications.
18. Requires the election ballot for district voters throughout Arizona to have outlined
specifications.
19. Requires that the unspecified number of nominees receiving the highest number of votes in
their district must be delegates at the convention. FACT SHEET
S.C.R. 1038
Page 3
20. Specifies that, if there is a vacancy in the convention caused by the death or disability of any
delegate, or for any other cause, the vacancy must be filled by appointment by the majority of
the delegates comprising the group from which such delegate was elected and if the convention
contains no other delegates of that group, the vacancy must be filled by the Speaker of the
House of Representatives or alternately by the President of the Senate.
21. Requires the delegates elected on a platform or nomination petition statement as "For" or
"Against" ratification to vote at such convention in accordance with such platform or
nomination petition statement.
22. Specifies that, if a delegate fails to vote in accordance with such platform or nomination
petition statement, the delegate will immediately be dismissed for violating the oath of office
and will be subject to the maximum prevailing outlined civil or criminal penalties.
23. Specifies that, if a delegate fails to vote in accordance with such platform or nomination
petition statement, that delegate's vote will not be considered, and the delegate's office will be
deemed vacant to be filled.
24. Requires the delegates to the convention to meet at the State Capitol on the first Tuesday of
the following month after their election at 10:00 am and must constitute a convention to pass
on the question of whether the proposed amendment should be ratified.
25. Requires the convention to be the judge of the election and qualification of its members and
have power to elect its president and secretary and other officers and to adopt its own rules.
26. Requires the convention to keep a journal of its proceedings and keep a record of the vote of
each delegate on the question of ratification of the proposed amendment and stipulates that, on
final adjournment, the journal be filed with Arizona's Secretary of State.
27. Requires, if the convention agrees by vote of a majority of the total number of delegates to the
ratification of the proposed amendment, a certificate to that effect must be executed by the
President and the Secretary of the convention and must be transmitted to the Secretary of State
in Arizona.
28. Requires the Secretary of State of Arizona, upon receipt of the certificate, to transmit the
certificate under the Great Seal of the State of Arizona to the National Archivist, the leaders of
Congress, the Office of the Clerk of the U.S. House of Representatives, the Comptroller
General and the U.S. Secretary of State.
29. Stipulates that the delegates receive $1,000 and must also receive vehicle mileage for two
round trips as routed by Google Maps to and from their residence or the center of their
campaign district to the State Capitol building, at the prevailing state government rate, or $0.56
per mile, whichever is more.
Prepared by Senate Research
February 14, 2023
ZD/SB/sr