Unfaithful delegates; constitutional convention, penalty. (HB1328)

Introduced By

Del. Ben Cline (R-Amherst) with support from co-patron Del. Dave LaRock (R-Loudoun)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Unfaithful delegates; penalty. Provides that an individual representing the Commonwealth at a convention for proposing amendments to the United States Constitution called pursuant to Article V of the United States Constitution who votes for a proposed amendment that varies from the text of the amendment contained in the application calling for the convention or is outside the scope of such application is guilty of a Class 5 felony. Read the Bill »


03/02/2016: Failed to Pass in Committee


01/21/2016Presented and ordered printed 16104146D
01/21/2016Referred to Committee for Courts of Justice
01/25/2016Impact statement from VCSC (HB1328)
01/26/2016Assigned to sub: Criminal Law
01/26/2016Assigned App. sub: Criminal Law
01/26/2016Assigned Courts sub: Criminal Law
02/10/2016Subcommittee recommends reporting (6-Y 5-N)
02/12/2016Reported from Courts of Justice (11-Y 10-N) (see vote tally)
02/13/2016Read first time
02/15/2016Passed by for the day
02/15/2016Motion to reconsider pass by for the day agreed to
02/15/2016Read second time
02/15/2016Amendments by Delegate Cline agreed to
02/15/2016Engrossed by House as amended HB1328E
02/15/2016Printed as engrossed 16104146D-E
02/16/2016Read third time and passed House (55-Y 41-N)
02/16/2016VOTE: PASSAGE (55-Y 41-N) (see vote tally)
02/16/2016Reconsideration of passage agreed to by House
02/16/2016Passed House (56-Y 43-N)
02/16/2016VOTE: PASSAGE #2 (56-Y 43-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee for Courts of Justice
02/17/2016Impact statement from VCSC (HB1328E)
03/02/2016Continued to 2017 in Courts of Justice (13-Y 1-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 11 minutes.


CarolynW writes:

Please restore the failed vote and do not rehear this bill. It should not be reported to the House for a vote because it gives the false impression that it could be a safety in an Article V convention. With all the breaking news this weekend about the exposing of dirty politics, we should clean up this vote and remember how risky an Article V convention could be.

I/we urge you to consider the facts as presented during the consideration of the bill Friday. Claims of safety in State-submitted rules for an Article V convention, no matter how well-intended, are provably false, since States do not have the authority to make any rules including the selection of delegates for an Article V convention. That this bill would be reconsidered is just another reason the Republican party is sinking into obscurity: the GOP keeps getting called out for doing things that make The People angry. Instead of working to stop this sort of thing, Republicans leave the party.

I urge you to preserve the integrity of this vote. What are we to think except that committee members are being pressured by Republican leadership to reverse their votes for a win?

Marvin Wright writes:

We DO NOT want or need an Article V convention.