House 2398

WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

House Bill 2398

By Delegates Hillenbrand, Funkhouser, Ridenour, Brooks, and Kimble

[Introduced on February 14, 2025; referred
to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-1-52, relating to establishing penalties for any delegate at a convention of states who deviates from his or her authority, including recall, fine, and imprisonment.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-52. Penalty for convention of states delegate who deviates from authority.

Any delegate who attends a convention of states to modify the United States Constitution and who exceeds his or her authority at the convention is subject to mandatory, immediate recall, a $100,000 to $500,000 fine, and up to 10 years in prison. Additionally, the delegate's vote or votes shall be void.

NOTE: The purpose of this bill is to establish penalties for any delegate at a convention of states convention who deviates from his or her authority.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.