West Virginia 2025 Regular Session

West Virginia House Bill HB2398

Introduced
2/14/25  

Caption

Convention of states delegates have penalties for deviating from what they were sent to convention for

Impact

The proposed legislation would serve as a deterrent against potential overreach by delegates at conventions that can influence the Constitution. By establishing a legal framework that includes severe penalties, HB2398 aims to reinforce accountability among delegates, ensuring that they operate within the guidelines set forth by the state. This change could significantly impact the dynamics of conventions by limiting delegates' actions and potentially hindering flexible discussions necessary for effective constitutional amendments.

Summary

House Bill 2398 introduces significant legal repercussions for delegates representing West Virginia at a convention of states aimed at modifying the United States Constitution. The bill stipulates stringent penalties for any delegate who exceeds their authority, including mandatory recall, substantial fines ranging from $100,000 to $500,000, and potential imprisonment for up to 10 years. This legislative move seeks to ensure that delegates adhere strictly to the mandates given to them, accentuating the seriousness with which the state views participation in constitutional modifications.

Sentiment

The sentiment surrounding HB2398 appears to be one of cautious support among those who believe that accountability is critical in the governance process. Proponents argue that it is necessary to prevent any misuse of delegate authority that could lead to misguided amendments to the Constitution. Conversely, critics may view the bill as overly punitive, raising concerns about stifling open dialogue and the ability of delegates to adapt their positions as discussions evolve within conventions.

Contention

Notable points of contention include the potential chilling effect on delegates' willingness to fully engage in discussions at conventions, given the looming threat of severe penalties for deviating from their assigned tasks. There may be arguments regarding the appropriateness of such harsh consequences, with opponents arguing that it could deter individuals from accepting delegate positions and constraining the diversity of viewpoints that are vital at constitutional conventions. Overall, the bill sparks dialogue about the balance between accountability and the needs for open and adaptive constitutional discussions.

Companion Bills

No companion bills found.

Previously Filed As

WV HB4481

Convention of states delegates have penalties for deviating from what they were sent to convention for

WV HB2931

Convention of states delegates have penalties for deviating from what they were sent to convention for

WV SB115

Providing procedure for WV to select delegates to Article V Convention

WV SB828

Clarifying political party procedure and authority to select delegates for national convention

WV SB675

Establishing accreditation deadline for convention and visitors bureaus

WV HCR37

Proposing to Congress that a convention of states be called

WV HB3387

Extending the moratorium on the authorization of new convention and visitors bureaus for an additional two years

WV HB5382

Relating to setting a date by which convention and visitor’s bureaus shall be accredited in order to be eligible for distribution of hotel occupancy tax proceeds.

WV SCR1

Adopting Joint Rules of Senate and House of Delegates

WV HJR25

Resolution for Constitutional Officer Term Limits for Senators and Delegates in the West Virginia Legislature

Similar Bills

No similar bills found.