As Introduced
136th General Assembly
Regular Session S. B. No. 112
2025-2026
Senators Reynolds, Craig
To enact sections 3523.13, 3523.14, 3523.15,
3523.16, 3523.17, 3523.18, and 3523.99 of the
Revised Code to establish procedures for
appointing delegates to a convention of the
states under Article V of the United States
Constitution.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3523.13, 3523.14, 3523.15,
3523.16, 3523.17, 3523.18, and 3523.99 of the Revised Code be
enacted to read as follows:
Sec. 3523.13. (A) As used in sections 3523.13 to 3523.18
and section 3523.99 of the Revised Code:
"Convention" means a convention for proposing amendments
to the constitution of the United States under Article V of the
constitution of the United States.
"Delegate" includes interim delegates, as applicable.
"Commissioning resolution" means the resolution adopted by
the general assembly that sets forth the names of the appointed
delegates and the delegate's commissions and instructions.
"Delegation" means the group of delegates chosen by the
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general assembly to attend a convention of the states under
Article V of the constitution of the United States.
(B) Whenever two-thirds of the legislatures of the several
states have applied for, and congress has called, a convention,
the general assembly shall appoint delegates to the convention
in accordance with sections 3523.13 to 3523.18 of the Revised
Code.
Sec. 3523.14. (A) When a convention has been called by
congress, the general assembly shall appoint an odd number of
delegates to serve on the state's delegation to the convention.
The delegates shall be appointed by a concurrent resolution of
the general assembly or by a majority of those present and
voting in a joint session of the general assembly.
(B) No individual shall be eligible to be appointed as a
delegate under this section unless the individual, at the time
of appointment and throughout the time of the convention,
satisfies all of the following:
(1) Is a United States citizen and has been for at least
five years;
(2) Is a resident of this state and has been for at least
five years;
(3) Is at least twenty-five years old;
(4) Is a registered elector of this state;
(5) Is not currently registered or required to be
registered as a federal lobbyist, nor has been at any time
within the last five years;
(6) Is not currently a federal employee or contractor,
other than a member of the United States armed forces, nor has
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been at any time within the last ten years;
(7) Has not held a federal elected or appointed office at
any time within the last ten years;
(8) Has not had any felony convictions for crimes
involving moral turpitude in any jurisdiction, nor any felony
convictions for any crime in any jurisdiction within the last
ten years;
(9) Does not hold a statewide office while performing the
duties of delegate. For purposes of this division, a member of
the general assembly does not hold a statewide office.
(C)(1) A delegate may be recalled or removed at any time
and for any reason by a concurrent resolution of the general
assembly or by a majority of those present and voting in a joint
session of the general assembly. A delegate shall be recalled
and removed if the delegate does not meet the requirements of
division (B) of this section.
(2) A delegate may be recalled from the delegate's duties
by the advisory committee under division (D)(5) of section
3523.18 of the Revised Code. The delegate then may be removed by
the general assembly as provided in division (C)(1) of this
section, or the general assembly may reject the recall of the
delegate and reinstate the delegate by a concurrent resolution
of the general assembly or by a majority of those present and
voting in a joint session of the general assembly.
(3) A vacancy may be filled in the same manner as
delegates are appointed under division (A) of this section.
(D) The resolution appointing delegates under division (A)
of this section shall include the delegate's commission, which
shall state clearly the scope of the delegate's authority.
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(E) The general assembly may provide additional
instructions to delegates at any time through a subsequent
resolution, passed in the same manner as described in division
(A) of this section.
Sec. 3523.15. A delegate shall, before exercising any
function of the position, execute the following oath in writing:
"I do solemnly swear that I accept and will act according to the
limits of authority specified in my commission and any present
or subsequent instructions. I understand that I may be recalled
from my duties by the General Assembly or the advisory
committee."
After a delegate's executed oath is filed with the
secretary of state, the clerk of the senate shall provide to the
delegate an official copy of the executed oath and the
commissioning resolution, which together shall serve as the
delegate's credentials.
Sec. 3523.16. A delegate shall receive the same
compensation as a member of the house of representatives of this
state under section 101.27 of the Revised Code, prorated for
length of time served. A delegate is entitled to receive
allowance for reasonable expenses. A delegate who is a member of
the general assembly shall serve without compensation but shall
be reimbursed for actual and necessary expenses incurred in the
discharge of official duties incurred for work as a delegate.
Sec. 3523.17. (A) The delegates shall choose from among
them a person to chair the delegation, a person to cast the
state's vote on the convention floor, and a person to speak to
the media on behalf of the delegation. If the delegation so
decides, the same person may exercise any two or all three
functions. The delegation may designate a different delegate to
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perform any function at any time.
(B) Each delegate shall take care to avoid communicating
the impression to any person outside the delegation that the
delegation is divided on a question on which the delegation has
taken a formal position, including but not limited to, casting a
vote.
(C) No delegate other than the one designated to
communicate with the media on behalf of the delegation shall
communicate with the media about convention business during the
convention or during any temporary recess or temporary
adjournment.
(D) A delegate violating division (B) or (C) of this
section may be recalled by the advisory committee under division
(D)(5) of section 3523.18 of the Revised Code or by the general
assembly under division (C) of section 3523.14 of the Revised
Code.
(E) Divisions (B) and (C) of this section do not prevent a
delegate from presenting the delegate's opinions to the
convention or debating a matter at the convention on which the
delegation has not formally taken a position.
(F) The quorum for decision by the delegation, including
the designation of delegates for particular duties and the
determination of how the state's vote shall be cast, shall be a
majority present and voting at the time the delegation is
polled. No decisions shall be made and no vote shall be cast if
less than a majority of the delegation votes in the poll.
Sec. 3523.18. (A) Whenever a convention is called, there
shall be created an advisory committee to the delegation of the
state of Ohio.
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(B) The advisory committee shall consist of all of the
following members:
(1) A member of the senate appointed by the president of
the senate;
(2) A member of the house of representatives appointed by
the speaker of the house of representatives;
(3) A member of the general assembly nominated by joint
action of the president of the senate and the speaker of the
house of representatives and approved by the majority of those
voting in each chamber.
(C) The advisory committee shall select one of its members
as chairperson. The advisory committee may hire staff to perform
the functions of the advisory committee as described in this
section.
(D) The advisory committee shall do all of the following:
(1) Upon the request of a delegate, and within twenty-four
hours of receiving the request, advise the delegate regarding
whether a prospective action by the delegate would violate the
delegate's commission under division (D) of section 3523.14 of
the Revised Code, any subsequent instructions of the general
assembly under division (E) of section 3523.14 of the Revised
Code, the delegate's duties as described in section 3523.17 of
the Revised Code, or the prohibitions of a delegate under
section 3523.99 of the Revised Code;
(2) Develop appropriate procedures and mechanisms for
monitoring the delegation, the convention, its committees, and
subcommittees;
(3) Whenever the advisory committee has reason to believe
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that a delegate has exceeded the scope of the delegate's
authority as described in sections 3523.14 to 3523.17 or
violated prohibitions as described in section 3523.99 of the
Revised Code, notify the speaker of the house of
representatives, the president of the senate, and the attorney
general;
(4) Upon the request of the speaker of the house of
representatives, the president of the senate, or the attorney
general, investigate whether a delegate has exceeded the scope
of the delegate's authority as described in division (C)(3) of
this section, expeditiously make a determination whether a
delegate has done so, and immediately communicate the
determination to the requestor;
(5) Upon determining that a delegate has exceeded the
scope of the delegate's authority under this section, and
subject to division (C)(2) of section 3523.14 of the Revised
Code, immediately recall the delegate, and communicate this
action and the reasons for it to the speaker of the house of
representatives, the president of the senate, the attorney
general, and the presiding officers of the convention.
(6) Fill any vacancies in the delegation by selecting an
interim delegate to serve in the delegation until the vacancy is
filled by the general assembly under division (C)(3) of section
3523.14 of the Revised Code.
Sec. 3523.99. (A) No delegate shall knowingly do any of
the following:
(1) Vote for or otherwise promote any change to the
traditional convention rule of decision on the floor and in the
committee of the whole, including that each state has one vote;
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(2) Vote in favor of any proposed amendment that would
alter the text of the specific guarantees of individual liberty
established by the constitution of the United States, including
the body of the constitution, the first ten amendments, the
thirteenth amendment, the fourteenth amendment, the fifteenth
amendment, the nineteenth amendment, the twenty-third amendment,
the twenty-fourth amendment, and the twenty-sixth amendment;
(3) Vote in favor of any proposed amendment that is
outside the scope of the subject matter as limited by the
general assembly's original application to congress for a
convention of the states, as applicable;
(4)(a) Accept, during the delegate's time of service, any
gifts or benefits with a combined value of more than two hundred
dollars, other than from a member of the delegate's family and
of the kind customarily given by a member of one's family.
(b) As used in division (A)(4)(a) of this section, "gift
or benefit" shall be liberally construed and includes current
and future loans, lodging, food, offer of prospective
employment, and other actual and prospective benefits. An
employer's decision to continue paying a delegate's current
salary is not considered a gift or benefit under division (A)(4)
(a) of this section.
(B) Whoever violates this section is guilty of a felony of
the third degree.
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