Arizona House Bill HB2908

Arizona 2026 Regular Session

• Introduced: 1/29/26
• Report Pass: 2/11/26
• Report Pass: 2/16/26
• Engrossed: 2/23/26
• Report Pass: 3/16/26

Caption

constitutional convention; faithless delegates

Impact

The implications of HB 2908 are significant as it formalizes the responsibility and accountability of delegates representing Arizona at constitutional conventions. It asserts that only amendments in accordance with the specific instructions from the state legislature and the scope of the convention can be considered. This division of duties could potentially alter how delegates interpret their roles, pushing for a more disciplined approach to legislative representation at national events.

Summary

House Bill 2908 aims to establish regulations for delegates attending constitutional conventions, particularly focusing on their obligations to remain faithful to the instructions provided by the legislature. The bill mandates that any amendment to the United States Constitution must be ratified by a bill passed by the Arizona legislature and approved by the governor. Furthermore, it introduces severe penalties for delegates who do not adhere to their oaths, categorizing such actions as a class 2 felony and imposing a civil penalty of at least $5,000 for violations.

Sentiment

The support for HB 2908 seems to stem mainly from a desire to ensure that state interests are adequately preserved during national constitutional discussions. Proponents view the bill as a necessary safeguard against delegates diverging from their mandates and potentially overstepping their authority. However, there may be concerns among opponents regarding the degree of control the state has over individual delegates, and some may argue that it limits the necessary flexibility and independence that may be required in a constitutional convention.

Contention

A notable point of contention within this bill is the classification of a 'faithless delegate' and the associated penalties, which some might see as excessively harsh. The stipulation that a delegate can be immediately recalled for any deviation from their mandated responsibilities could spark debates around the balance of power between state and individual rights. Additionally, the enforcement mechanisms laid out in the bill, including the obligation for delegates to report violations, could lead to conflicts and distrust among those representing Arizona in future constitutional conventions.