Getting Ready for the Convention (Part 1)
March 24, 2025
Missouri and 18 other states have passed the Convention of States Action’s Article V resolution calling for a convention of states meeting to propose amendments to the US Constitution. The proposed amendments will limit the size, scope and jurisdiction of the federal government, discuss term limits for federal officials and restore fiscal restraints. So, what is a passed state to do? Sit around and wait for 15 more states to pass our Article V resolution?
Nope. We have lots of stuff to do!
One of the tasks to be accomplished prior to a convention of states meeting is to select commissioners to represent a state. This needs to be an orderly, thoughtful process and not one that is thrown together at the last minute. So, your Convention of States Action Missouri Team has been diligently working on the process.
Senate Bill 437 and the companion House version House Bill 166 were filed this session to establish a process for the Missouri Legislature to select commissioners to represent Missouri at any Article V convention of states meeting. The method a state uses to select its commissioners is a decision each state decides for itself. Each state also determines the qualifications to be a commissioner, how many commissioners will be selected, what their instructions will be, and how they will be supported during the convention. Let’s examine how SB437/HB166 are constructed.
Currently, the baseline qualifications for selecting a commissioner in Missouri are the same as being a member of the Missouri House of Representatives. This includes complying with the current Missouri Ethics Laws. Per the Missouri Constitution and the Missouri Secretary of State, these are the minimum requirements to hold an office in the State of Missouri.
Minimum Qualifications Applicable to All State Offices:
Article VII, § 8, Constitution of Missouri
- Citizen of the United States
- Resident of the state 1 year next preceding election
§ 115.306, RSMo
- Is not delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence as stated in the declaration of candidacy
- Is not a past or present corporate officer of any fee office that owes any taxes to the state
- Has not been found guilty of or pled guilty to a felony under the federal laws of the United States of America
- Has not been found guilty of or pled guilty to a felony under the laws of this state or an offense committed in another state that would be considered a felony in this state
§ 130.071.2, RSMo
- In addition to any other penalties provided by law, no person may file for any office in a subsequent election until he or the treasurer of his existing candidate committee has filed all required campaign disclosure reports for all prior elections.
There are additional requirements to be eligible to be a member of the Missouri House of Representatives.
Art. III § 4 Constitution of Missouri & § 21.080, RSMo
- At least 24 years of age
- A qualified Missouri voter for at least 2 years before the election
- A resident of the district you are chosen to represent for at least 1 year before the election
Even though a person complies with these requirements, there are other conditions that exclude a person from being an Article V commissioner for Missouri. Since a convention of states meeting acts independently from the federal government to propose amendments to the US Constitution, it makes sense not to have federal officials serve as commissioners. That would be an obvious conflict of interest. Individuals serving in the following roles are ineligible to serve in this capacity. Those restrictions are:
- Members of the United States House of Representatives or Senate
- An employee of the United States
- An employee or other representative of a contractor with the United States
- An elected official holding statewide office
If you fit the criteria in effect at the time commissioners are selected, YOU can be a commissioner. How awesome an experience and responsibility would that be?
Next, there must be a process to select commissioners from this pool of eligible candidates. The Speaker of the House and President Pro Tempore of the Senate will select five members each from their chamber to operate as a nominating committee. They will select three qualified commissioners and three qualified alternates from each federal congressional district in Missouri (currently eight). The House and the Senate then will vote to select one commissioner and one alternate from each federal congressional district in Missouri. Those individuals (currently 16) would serve as Missouri’s delegation to the Article V convention of states meeting.
How can you participate? At least one-third of the commissioners and alternates selected cannot be sitting members of the Missouri Legislature. That means at least five members of Missouri’s delegation will be private citizens who are not current members of the Missouri Legislature!
Convention of States Action Missouri wants to have a seat at the table to have input on who the Missouri Legislature selects as commissioners. This is why we continue to engage with our State Senators and Representatives. We build relationships, but also learn the process, rules and the power structures of government. This is why we continue to learn about our history through primary documents like the Declaration of Independence, the US Constitution, the Federalist Papers and through our partnership with Patriot Academy.
Now is not the time to sit on the sidelines. Get involved with your Missouri team! Go to http://www.conventionofstates.com for more information.
In liberty,
Brett
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