OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 607 Bill Analysis
135th General Assembly
Click here for H.B. 607’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. McClain and Willis
Effective date:
S. Ben Fogle, Attorney
SUMMARY
Article V Convention − appointment of delegates
 Requires the General Assembly (GA), when Congress has called for an Article V
Convention of the States, to appoint delegates to the Convention under certain
procedures.
 Requires the GA to appoint an odd number of delegates, by a concurrent resolution or
by a majority of those present and voting in a joint session.
 Requires a delegate to have been a U.S. citizen and Ohio resident for at least five years,
be a registered elector, be at least 25 years old, not hold federal or statewide office, and
have other qualifications.
 Requires the resolution appointing a delegate to have the delegate’s commission,
stating the scope of the delegate’s authority.
 Permits the GA to provide additional instructions to delegates with subsequent
resolutions.
 Permits the GA to recall and remove delegates at any time and for any reason.
Oath of delegate
 Requires the delegate to execute an oath in writing to act according to the limits of the
delegate’s commission, a copy of which acts as the delegate’s credentials.
Compensation of delegate
 Provides that a delegate receives the same compensation as a member of the Ohio
House of Representatives, prorated for length of time served, plus reasonable expenses.
 Provides that a delegate who is a GA member does not receive compensation, but must
be reimbursed for actual and necessary expenses.
June 6, 2024
Office of Research and Drafting LSC Legislative Budget Office
Convention conduct
 Requires the delegates to choose a chairperson, a person to cast the state’s vote on the
Convention floor, and a person to speak to the media.
 Requires delegates to avoid communicating the impression that the delegation is
divided on a question on which the delegation has taken a formal position, including
casting a vote.
 Permits delegates to share the delegate’s opinions and debate on matters for which the
delegation has not taken a formal position.
 Prohibits delegates from doing any of the following: vote in favor of changing certain
convention rules, vote to amend certain amendments of the U.S. Constitution, vote in
favor of an amendment outside the scope of the delegate’s commission, or accept gifts
of a certain dollar amount.
Advisory Committee
 When a convention is called, creates the Advisory Committee to the Delegation of the
State of Ohio, consisting of three GA members.
 Requires the Advisory Committee to advise delegates regarding questions of the
delegate’s commission, to monitor the delegation, and to report perceived violations of
the commission.
 Requires the Advisory Committee, upon request, to investigate whether a delegate has
exceeded the scope of the delegate’s authority.
 Requires the Advisory Committee to recall delegates who are found to exceed their
authority, and permits the GA to then remove the delegate, or reject the recall and
reinstate the delegate.
 Requires the Advisory Committee to fill vacancies in the delegation by appointing an
interim delegate, until the GA appoints a new delegate.
DETAILED ANALYSIS
Article V Convention
The bill requires the General Assembly (GA), when Congress calls an Article V
Convention of the States (“Convention”), to appoint delegates to represent Ohio at the
Convention.1
1 R.C. 3523.13.
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Background on Article V Conventions
The U.S. Constitution requires Congress, upon the application of two-thirds of all state
legislatures (34 states), to call a convention for proposing amendments to the U.S. Constitution.
Article V also permits Congress to propose an amendment to the Constitution with a two-thirds
vote of both houses. Under either circumstance, an amendment becomes part of the
Constitution only upon ratification by three-quarters of the states (38 states). Congress decides
whether the amendment requires approval by three-fourths of the state legislatures or
approval of ratifying conventions in three-fourths of the states.2
The Revised Code has a process for electing delegates to a state ratifying convention in
order to cast Ohio’s vote on whether a proposed amendment becomes part of the U.S.
Constitution,3 but does not currently have a procedure to choose delegates to attend an Article
V Convention of the States to propose an amendment. The bill creates these procedures.
Appointment of delegates
The bill requires the GA to appoint an odd number of delegates, either by a concurrent
resolution, or by a majority of those present and voting in a joint session.4 This “commissioning
resolution” must set forth the names of the appointed delegates and the delegate’s
commissions and instructions, which must clearly state the scope of the delegate’s authority.
The GA may provide additional instructions to delegates at any time through a subsequent
resolution, passed in the same manner as the commissioning resolution.5
No person can be a delegate unless the person, at the time of appointment and
throughout the Convention, satisfies all of the following requirements:
 Is a U.S. citizen and Ohio resident, for at least five years;
 Is at least 25 years old;
 Is a registered Ohio elector;
 Is not currently registered or required to be registered as a federal lobbyist, nor has
been at any time in the last five years;
 Is not currently a federal employee or contractor, other than a member of the U.S.
armed forces, nor has been at any time within the last ten years;
 Has not held a federal elected or appointed office at any time within the last ten years;
2 U.S. Constitution, Article V.
3 R.C. 3523.01 to 3523.12, not in the bill.
4 R.C. 3523.14(A).
5 R.C. 3523.13(A) and 3523.14(D) and (E).
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 Has not had any felony convictions for crimes involving moral turpitude in any
jurisdiction, nor any felony convictions for any crime in any jurisdiction within the last
ten years;
 Does not hold a statewide office, excluding a GA member, while performing the duties
of delegate.6
GA appointment powers and federal interaction
The bill provides that the GA appoints the delegates to the Convention in a joint session,
or via a resolution. Article V of the U.S. Constitution provides that Congress must call an Article
V convention “on the Application of the Legislatures of two thirds of the several States.”
However, the Ohio Constitution places limits on the General Assembly’s powers of
appointment:
The election and appointment of all officers, and the filling of all
vacancies, not otherwise provided for by this constitution, or the
constitution of the United States, shall be made in such manner as
may be directed by law; but no appointing power shall be
exercised by the General Assembly, except as prescribed in this
constitution;7
It is not clear whether the GA’s federal constitutional authority to petition for a
convention implies federal authority to appoint the Convention delegates, so that the Ohio
prohibition against the GA making appointments would not apply. There has not been an
Article V Convention before, so the question has not been formally addressed.
Removal of delegates and filling vacancies
The bill permits the GA to remove a delegate at any time and for any reason via a
concurrent resolution or by a majority of those present and voting at a joint session. The GA is
required to recall and remove a delegate if the delegate becomes ineligible to serve.
The bill also permits the GA, if the Advisory Committee recalls a delegate (see
“Advisory Committee,” below), to then remove the delegate, or reject the recall and
reinstate the delegate via a concurrent resolution or by a majority of those present and voting
at a joint session.
The bill permits the GA to fill vacancies in the same manner as original appointments.8
Delegate oath
The bill requires a delegate to execute the following oath in writing:
6 R.C. 3523.14(B).
7 Ohio Constitution, Article II, Section 27.
8 R.C. 3523.14(C).
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I do solemnly swear that I accept and will act according to the
limits of authority specified in my commission and any present or
subsequent instructions. I understand that I may be recalled from
my duties by the General Assembly or the advisory committee.
After a delegate’s executed oath is filed with the Secretary of State, the House Clerk
must provide the delegate an official copy of the executed oath and the commissioning
resolution, which together serve as the delegate’s credentials for the Convention.9
Compensation of delegate
The bill provides a delegate the same compensation as a member of the Ohio House of
Representatives (currently $71,099), prorated for length of time served, except that a delegate
who is a GA member must serve without compensation, but must be reimbursed for actual and
necessary expenses incurred in the discharge of official duties incurred for work as a delegate.
All delegates are entitled to receive allowance for reasonable expenses.10
Convention conduct
Delegation procedure
The delegates must choose from among themselves a chairperson, a person to cast the
state’s vote on the Convention floor, and a person to speak to the media on behalf of the
delegation. A single person may exercise two or all three of the functions, and the delegation
may designate a different delegate to perform any function at any time.
The quorum for any decision of the delegation, including the designation of delegates
for particular duties and the determination of how the state’s vote is cast, is a majority present
and voting at the time the delegation is polled. No decisions may be made and no vote may be
cast if less than a majority of the delegates vote.11
Prohibited communications
Only the delegate designated to talk to the media may communicate with the media
about convention business, either during the Convention or during a temporary recess or
adjournment of the Convention.
The bill also requires delegates to “take care to avoid communicating the impression to
any person outside the delegation” that the delegation is divided on a question on which the
delegation has taken a formal position, including casting a vote.
A delegate may share the delegate’s opinion to, or debate at, the Convention regarding
a matter on which the delegation has not taken a formal position.
9 R.C. 3523.15.
10 R.C. 3523.16. See also, R.C. 101.27, not in the bill.
11 R.C. 3523.17(A) and (F).
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Any delegate violating these provisions may be recalled by the Advisory Committee (see
“Advisory Committee,” below), or by the General Assembly.12
Prohibited conduct
The bill prohibits a delegate from doing any of the following:
 Voting for or otherwise promoting any change to the traditional convention rule of
decision on the floor and in the committee of the whole, including that each state has
one vote;
 Voting in favor of any proposed amendment that would alter the text of the specific
guarantees of individual liberty established by the U.S. Constitution, including those
established by:
 The body of the Constitution;
 The first ten amendments (the Bill of Rights);
 The 13th amendment, the 14th amendment, and the 15th amendment (abolishing
slavery, the Civil War amendments (equal protection and due process), and voting
rights based on race);
 The 19th amendment (women’s right to vote);
 The 23rd amendment (residents of the District of Columbia’s right to vote);
 The 24th amendment (elimination of poll taxes); and
 The 26th amendment (right to vote for anyone 18 and older);
 Voting in favor of any proposed amendment that is outside the scope of the subject
matter as limited by the GA’s original application to Congress for an Article V
Convention;
 Accepting, during the delegate’s time of service, any gifts or benefits with a combined
value of more than $200, other than from a member of the delegate’s family and of the
kind customarily given by a member of one’s family.
For this last item, gifts or benefit is to be liberally construed and includes current and
future loans, lodging, food, offer of prospective employment, and other actual and prospective
benefits. It does not include an employer’s decision to continue paying a delegate’s current
salary − i.e., paid leave.
A person who violates a prohibition in this section is guilty of a third degree felony.13
12 R.C. 3523.17(B) through (E).
13 R.C. 3523.99.
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Advisory Committee
The bill requires the GA, when a convention is called, to create an Advisory Committee
to the Delegation of the State of Ohio, consisting of three members: a Senator appointed by the
Senate President, a Representative appointed by the Speaker of the House, and a GA member
nominated jointly by the Senate President and Speaker of the House and approved by the
majority of those voting in each chamber.
The Advisory Committee must select a chairperson from among its members, and it may
hire staff.14 The Advisory Committee has many duties under the bill, including supporting,
monitoring, and investigating the delegation.
Delegation support
The Advisory committee must, upon the request of a delegate and within 24 hours of
the request, advise the delegate on whether a prospective action violates the delegate’s
commission or any subsequent instructions of the GA, or any of the bill’s prohibitions on
delegate conduct.
Additionally, the Advisory Committee must fill any vacancies in the delegation by
selecting an interim delegate to serve until the vacancy is filled by the GA (see “Removal of
delegates and filling vacancies,” above).15
Monitoring and investigation
The Advisory Committee also must develop appropriate procedures and mechanisms for
monitoring the delegation, the Convention, and its committees and subcommittees.
Whenever the Advisory Committee has reason to believe that a delegate has exceeded
the scope of the delegate’s authority or violated the delegate’s prohibitions as described under
“Convention conduct,” above, the Advisory Committee must notify the Speaker of the
House, the Senate President, and the Attorney General (AG).
Then, upon the request of the Speaker, Senate President, or AG, the Advisory
Committee must investigate whether a delegate has so exceeded the scope of the delegate’s
authority, expeditiously make a determination whether a delegate has done so, and
immediately communicate the determination to the requestor.
If the Advisory Committee determines that a delegate has exceeded the scope of the
delegate’s authority, it must immediately recall the delegate and communicate this action and
the reasons for it to the Speaker, the Senate President, the AG, and the presiding officers of the
Convention.16 As described under “Removal of delegates and filling vacancies,”
14 R.C. 3523.18 (A), (B), and (C