Relative to constitutional convention procedures for delegates.
If enacted, HB 392 would impose penalties on delegates who violate binding instructions during federal proposing conventions. Specifically, a delegate could be charged with a class B felony for purposeful violations and a class A misdemeanor for knowing violations. Such penalties may affect the judicial and correctional systems, with potential fiscal implications for the state due to increased expenditures related to prosecutions and judicial processes associated with enforcing these new laws.
House Bill 392 aims to establish procedures related to the election and regulation of delegates during state and federal constitutional conventions as outlined in Article V of the U.S. Constitution. The bill mandates that when a convention is called, the New Hampshire general court will set the dates for electing delegates and oversee their assembly. The bill stipulates specific guidelines determining representation from the state and federal levels, ensuring that the composition of delegates aligns with congressional districts and state representation.
The bill has sparked discussions concerning the extent of control it places over delegates, particularly regarding their obligations to adhere to binding instructions. Critics argue that this could undermine the independence of delegates, potentially limiting their ability to represent the interests of their constituents. Supporters defend the bill as a necessary measure to maintain order and consistency in how delegates engage in discussions around constitutional amendments, safeguarding the wishes expressed by the electorate through state legislature actions.