Texas House Bill HB2416

Texas 2025 - 89th Regular

• Filed: 2/4/25

Caption

Relating to an unauthorized vote by a delegate or alternate delegate to a federal Article V convention; creating a criminal offense.

Impact

If passed, HB 2416 would amend the Government Code by adding a new section specifically outlining the offense committed when a delegate casts an unauthorized vote. It establishes that such an offense is classified as a state jail felony, thereby underscoring the seriousness with which the state views violations of delegate voting authority. This could impact how delegates operate and may influence the selection and training of these delegates, ensuring they are fully aware of their legal obligations while participating in federal conventions.

Summary

House Bill 2416 addresses the issue of unauthorized voting by delegates or alternate delegates at federal Article V conventions. The bill proposes the imposition of criminal penalties on delegates who knowingly cast an unauthorized vote during such conventions. By introducing this legislative measure, Texas aims to clarify the legal repercussions for delegates' actions, ensuring that representation in these crucial settings remains valid and authorized according to the state's guidelines. The bill presents a formal mechanism to hold delegates accountable for any misconduct related to their voting actions.

Contention

The introduction of criminal penalties for unauthorized votes may generate debate among lawmakers and the public regarding the appropriate level of government oversight over delegate actions. Some advocates for stricter regulation may argue that the bill enhances integrity and accountability within the political process, while critics could contend that it imposes excessive punitive measures that may deter individuals from participating in the democratic process. The potential for judicial challenges or discussions about the balance of power between state authority and federal rights might also arise from the proposed legislation.

Texas Constitutional Statutes Affected

Government Code

• Chapter 393. Delegates To Federal Article V Conventions
  • Section: New Section