Montana lawmakers would choose and oversee Article V commissioners

The legislature would select commissioners in a joint session and give them written instructions. These rules apply to Montana commissioners representing the state at a convention under Article V of the U.S. Constitution. The group must have an odd number of commissioners. Instructions would limit commissioners to subjects covered by the convention applications and any further directions from the legislature. They could not support changing the rule that each state gets one vote or vote for amendments changing specified constitutional guarantees of individual liberty. The legislature could remove a commissioner or the whole delegation at any time and for any reason. The instructions would apply while commissioners serve at the convention.

Commissioners would have to meet qualifications and file a written oath before doing their work. The qualifications apply when a commissioner is appointed and throughout the convention. A commissioner must be a U.S. citizen for at least 10 years, a Montana resident for at least five years, at least 25 years old, and a registered voter. A commissioner may not have been a federal lobbyist in the past five years, a federal employee or contractor in the past 10 years, or a federal officeholder in the past 10 years. Certain felony convictions are disqualifying. A state legislator may serve because that role is not treated as a statewide office. The oath promises to follow the commission's limits and instructions and warns that breaking it may bring legal penalties. The qualifications would apply at appointment and throughout the convention; the oath must be filed before a commissioner performs any duty.

A legislative advisory committee would advise commissioners, monitor convention activity, and remove or suspend commissioners in specified cases. The committee would oversee Montana's commissioners and delegation at an Article V convention. The committee would have three legislative members and could hire staff and set up ways to monitor the convention and its committees. If the committee determines a commissioner or delegation exceeded its authority, it must remove them. If the legislature is not in session, the committee may suspend them while awaiting a legislative vote. Commissioners would choose who leads the delegation, casts the state's vote, and speaks to the media. Only the designated spokesperson could discuss convention business with the media during the convention or a temporary break. The committee would respond to requests for advice within 24 hours and communicate requested authority decisions promptly.