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Contested bill to set rules for Article V convention delegates draws public support and opposition; committee motion to pass by indefinitely made

January 17, 2025 | 2025 Legislature VA, Virginia


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Contested bill to set rules for Article V convention delegates draws public support and opposition; committee motion to pass by indefinitely made
Senate Bill 1138, proposing a statutory framework for the selection, regulation and conduct of Virginia delegates if an Article V convention to amend the U.S. Constitution is called, produced extended testimony both for and against and prompted a procedural motion to pass the bill by indefinitely.

Sponsor Senator Sturtevant introduced the bill as a preparatory measure: "This bill... sets up the framework, so that when a Article 5 constitutional convention is called for, we have a framework and process for the selection, and regulation of delegates to that convention," he said. The sponsor emphasized the measure would not itself call a convention but would establish rules for delegates should a convention occur.

Multiple speakers called in support. Philip Whitaker said the bill "gives the full control of the delegates, their conduct and what can be considered at such a convention by the Virginia delegation." Nancy Kernek and several other citizens told the committee they supported the bill as a means to ensure the General Assembly could control delegates' conduct and scope. Several online and in-person supporters identified themselves by name and locality.

Opposition included Senator Hashmi, who told the committee he had "very serious concerns" about Article V conventions because the U.S. Constitution does not set rules for such a convention and cautioned the proposal could permit non-elected or unaccountable actors to rewrite constitutional rights. Senator McPike joined a motion to "pass by indefinitely," citing concerns about eligibility restrictions in the bill and other issues.

A motion to pass by indefinitely was made and seconded during committee proceedings; committee debate included multiple senators restating concerns and supporters arguing the bill provides needed rules should a convention arise. The transcript records the motion and debate but does not include a roll-call tally or final disposition for the pass-by-indefinitely motion in the excerpt provided.

Because the transcript does not record a final committee vote count on the motion to pass by indefinitely, no committee outcome is asserted here beyond the record that the motion was made and seconded and that substantial public testimony and member discussion occurred.

Actions recorded in the transcript: A motion to pass by indefinitely was made and seconded; transcript does not record final vote tally or formal disposition for that motion.

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Scribe from Workplace AI
Scribe from Workplace AI