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South Dakota Has Rules

Published in Hottest on May 03, 2022 by David P Schneider

Did you know that in 2015, the South Dakota legislature passed a law that binds delegates (commissioners) to a Convention of States? Indeed, HB1069 actually provides for an oath for all commissioned delegates to take and even provides for up to a $5,000 fine for a breach of that oath.

The law does not stop there. The bill firmly set the state legislature of South Dakota in charge of the delegation when a convention is called. It also indicates that the legislature has the authority to give instructions to the delegation.

"No delegate from South Dakota to an Article V convention has the authority to vote to allow consideration of or vote to approve an unauthorized amendment for ratification to the United States of America Constitution. Any delegate casting a vote to allow consideration or approval of an unauthorized amendment shall be immediately recalled by the secretary of state and replaced by an alternate chosen by the Executive Board of the Legislative Research Council."

I have heard it too often that there are no rules for a convention of states. In fact this law prohibits any delegate from participating in any discussion that would invalidate a one state - one vote provision. It also spells out recalling delegates at such a meeting and replacing with alternate delegates.

The time is now to join the Convention of States. South Dakota has been warming up with a primary election right around the corner. Have you discussed Convention of States with the candidates yet? (check out our current legislative scorecard as well)

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