Gov Vetoes Bill Limiting Delegates Authority at Article V Constitutional Convention

Gov. Maggie Hassan, D-Exeter, vetoed HB 148 on June 2. She gave her reasons why below earlier today:

“House Bill 148 establishes a procedure for the selection of state delegates to a convention called by the states for the purpose of considering amendments to the United States Constitution. This bill also limits the authority of those appointed delegates,” she noted in a press statement. “This bill is similar to Senate Bill 356, legislation vetoed by Gov. John Lynch in 2012, requiring every delegate from New Hampshire at an Article V convention to take an oath, which in part states, ‘I will accept and will act according to the limits of the authority as a delegate granted to me by New Hampshire law, and I will not vote to consider or approve any unauthorized amendment to the Constitution for the United States of America. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath.’

“Whether or not one agrees that an Article V convention is the right course of action for proposing amendments to the United States Constitution, and regardless of one’s stance on potential amendments proposed across the political spectrum, it is apparent that a convention to consider amending the constitution is not going to be called by the states any time soon. If such a convention were to be called under Article V of our Constitution, it seems that would be the appropriate time to consider procedural concerns for delegates, including how those delegates should be appointed.

“Furthermore, the language of this measure places restrictions on our hypothetical delegates that are contrary to the true purpose of any constitutional convention. If similar restrictions had been in place during the original Constitutional Convention in 1787, our Founders may very well have never created the United States Constitution.

“Finally, I also have concerns with the prospect that duly appointed delegates could be subject to potential criminal penalties in the fulfillment of their role.

“For these reasons, I have vetoed House Bill 148.”

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