Constitutional Convention Act
Idaho · Elections · §§ 34-2201 to 34-2217 · 17 sections
Overview
This act establishes the machinery by which a state holds a convention to act on a proposed amendment to the United States Constitution, with the convention's delegates chosen at a popular election. It fixes the number of delegates and the qualifications of both voters and candidates, and prescribes nominating petitions, ballots, the conduct and certification of the election results, and the filling of vacancies; the elected delegates then meet, organize themselves, exercise the convention's own procedural powers, keep a journal of proceedings, and certify the outcome of the ratification vote. Delegates serve without compensation though their expenses may be allowed and paid, the act's provisions give way to controlling federal law, and it further provides for a referendum on a proposed federal constitutional amendment.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Idaho Code § 34-2201Election of delegates
- Idaho Code § 34-2202Qualifications of voters
- Idaho Code § 34-2203Ascertainment and certification of results — General election laws applicable. — Except as in this act otherwise provided, such election shall be conducted and the results thereof ascertained and certified in the same manner as in the case of the election of presidential electors in this state, and all the provisions of the laws of this state relative to general elections, except in so far as inconsistent with sections 34-2201
- Idaho Code § 34-2204Number of delegates
- Idaho Code § 34-2205Qualifications of delegates — Nominating petitions — Declarations of candidates and signers — Certification
- Idaho Code § 34-2206Ballots
- Idaho Code § 34-2207Result of election — Vacancies, how filled
- Idaho Code § 34-2208Meeting and organization of delegates
- Idaho Code § 34-2209Organizational powers of convention
- Idaho Code § 34-2210Journal of proceedings
- Idaho Code § 34-2211Certificate of ratification
- Idaho Code § 34-2212No compensation — Expenses, how allowed
- Idaho Code § 34-2213Expenses, how paid
- Idaho Code § 34-2214Federal statute to control
- Idaho Code § 34-2215Separability. — If any part or parts of sections 34-2201 — 34-2216[, Idaho Code,] shall be adjudged by the courts to be unconstitutional or invalid, the same shall not effect the validity of any part or parts thereof which can be given effect without the part or parts adjudged to be unconstitutional or invalid. The legislature hereby declares that it would have passed the remaining parts of sections 34-2201
- Idaho Code § 34-2216Short title. — This act, sections 34-2201
- Idaho Code § 34-2217Referendum on United States constitutional amendment
Enacted in other states
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