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§ 3-18-104. Duties of Alternate Delegates — Votes and Attempted Votes Made Outside of Instructions and Established Limits Void — Forfeiture of Delegate’s Appointment

Home » US Law » 2021 Tennessee Code » Title 3 - Legislature » Chapter 18 - Article v Conventions » § 3-18-104. Duties of Alternate Delegates — Votes and Attempted Votes Made Outside of Instructions and Established Limits Void — Forfeiture of Delegate’s Appointment

§ 3-18-104. Duties of Alternate Delegates — Votes and Attempted Votes Made Outside of Instructions and Established Limits Void — Forfeiture of Delegate’s Appointment

§ 3-18-104. Duties of Alternate Delegates — Votes and Attempted Votes Made Outside of Instructions and Established Limits Void — Forfeiture of Delegate’s Appointment

  1. An alternate delegate shall:

    1. Act in the place of the alternate delegate’s paired delegate when the alternate delegate’s paired delegate is absent from the Article V convention; or

    2. Replace the alternate delegate’s paired delegate if the alternate delegate’s paired delegate vacates the office.

  2. A vote cast by a delegate or an alternate delegate at an Article V convention that is outside the scope of:

    1. The instructions established by a joint resolution adopted under § 3-18-103; or

    2. The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;

      is void.

  3. A delegate or alternate delegate who votes or attempts to vote outside the scope of:

    1. The instructions established by a joint resolution adopted under § 3-18-103; or

    2. The limits placed by the general assembly in a joint resolution that calls for an Article V convention for the purpose of proposing amendments to the Constitution of the United States on the subjects and amendments that may be considered by the Article V convention;

      forfeits the delegate’s appointment by virtue of that vote or attempt to vote.

  4. The paired alternate delegate of a delegate who forfeits appointment under subsection (c) becomes the delegate at the time the forfeiture of the appointment occurs.