13.176 Article V convention.

794 words·~4 min read·/wi/chapter-13/13-176-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Alternate delegate” means an individual appointed under sub.

(b)to fill a vacancy in the delegation appointed under sub.

(a).

(b)“Article V application” means a joint resolution, as authorized under article V of the U.S. Constitution, adopted by both houses of the Wisconsin legislature applying to Congress for an article V convention for proposing amendments.

(c)“Article V convention” means a convention called by Congress upon application of the legislatures of at least two-thirds of the states for the purpose of proposing amendments to the U.S. Constitution, as authorized by article V of the U.S. Constitution.

(d)“Delegate” means an individual appointed under sub.

(a)to represent the state of Wisconsin at an article V convention.

(e)“Unauthorized amendment” means a proposed amendment to the U.S. Constitution that is outside the scope of the subject matter of the article V application.

(a)If Congress calls an article V convention, the legislature and the governor shall appoint 9 delegates to attend the convention as follows, but only after the legislature has passed an article V application:

1. The speaker of the assembly shall appoint 3 members of the assembly.

2. The president of the senate shall appoint 3 members of the senate.

3. The governor shall appoint one member of either the assembly or the senate.

4. The minority leader of the assembly shall appoint one member of the assembly.

5. The minority leader of the senate shall appoint one member of the senate.

(b)The legislature and the governor shall appoint 6 alternate delegates to attend the convention as follows:

1. The speaker of the assembly shall appoint 2 members of the assembly.

2. The president of the senate shall appoint 2 members of the senate.

3. The governor shall appoint one member of either the assembly or the senate.

4. The minority leader of the assembly and the minority leader of the senate shall appoint one member of the assembly or of the senate.

(c)Any vacancy in the delegation appointed under par.

(a)shall be filled by an alternate delegate appointed under par.

(b)within 24 hours after the vacancy occurs. Any vacancy in the alternate delegation appointed under par.

(b)shall be filled by an alternate appointee from the list maintained under sub.

(c)within 24 hours after the vacancy occurs. If a delegate or an alternate delegate is dismissed or vacates his or her appointment for any reason, the person who made the original appointment shall appoint the replacement of the delegate or alternate delegate.

(d)The term for each delegate begins with the call of the article V convention and ends on the day of the final adjournment of the convention.

(a)No delegate appointed under sub.

(a)may vote or take any other action at an article V convention to consider or approve an unauthorized amendment.

(b)If any delegate votes or takes any other action in violation of par.

(a), the other delegates, at the request of any one delegate, may convene to consider removing the delegate voting in violation of par.

(a)and may immediately dismiss that delegate by the approval of a majority of the other delegates appointed under sub.

(a). No more than one delegate at a time may be dismissed under this paragraph. If a delegate is dismissed, another delegate may not be dismissed until a new delegate has been appointed to replace the first dismissed delegate.

(c)The speaker of the assembly, president of the senate, minority leader of the assembly, minority leader of the senate, and governor shall each maintain a list of alternate appointees, in addition to the alternate delegates appointed under sub.

(b), in case a delegate is dismissed as provided under par.

(b).

(4)The chief clerk of the assembly and chief clerk of the senate shall jointly certify in writing to the article V convention the identity of the delegates appointed under sub.

(2)or dismissed under sub.

(b)and the filling of any delegation vacancy within 24 hours after the appointment or dismissal or the filling of a vacancy.

(a)After Congress calls for an article V convention, the legislature shall create a joint committee of correspondence responsible for communications with the delegates to the convention. The joint committee of correspondence shall be comprised of 6 members appointed as follows, except that no delegate may be appointed to the committee:

1. The speaker of the assembly shall appoint 2 members of the assembly.

2. The president of the senate shall appoint 2 members of the senate.

3. The minority leader of the assembly shall appoint one member of the assembly.