House Bill 443 Alabama 2026 Session

Summary

Primary Sponsor

Ed OliverRepresentative

Republican

Session

2026 Regular Session

Title

Article V Convention; process for appointing commissioners and alternate commissioners to represent the State of Alabama at Article V Convention established

Summary

HB443 creates a formal Alabama delegation to an Article V Constitutional Convention with appointed commissioners and alternates, plus oversight, duties, and penalties to ensure compliance with Alabama’s application and limits.

What This Bill Does

The bill would appoint three commissioners and three alternate commissioners to represent Alabama at an Article V Convention, with appointment by a joint resolution and the possibility of a special legislative session if needed. It sets eligibility criteria, requires an oath, and provides for compensation and expense coverage while prohibiting certain gifts. It establishes leadership roles within the delegation, a quorum framework, and media communication rules, and creates an advisory committee to monitor the convention and the commissioners. It also creates recall/removal procedures and criminal penalties for exceeding authority or interfering with a commissioner’s duties, and it specifies that voting is constrained by Alabama’s application and instructions from the Legislature.

Who It Affects

• Potential Alabama commissioners and alternate commissioners: they must meet specific qualifications, take an oath, be paid like state House members, avoid accepting certain gifts, and face recall/removal or felony penalties if they exceed their authority.
• The Alabama Legislature, Governor, advisory committee, and state officials: they would appoint the delegation, issue binding instructions, oversee compliance, stage recalls/removals, and enforce penalties, creating an oversight structure around Alabama's Article V delegation.

Key Provisions

• Appointment of three commissioners and three alternate commissioners by joint resolution of the Legislature; totals must be odd; additional commissioners/alternates may be added by the Legislature.
• Qualifications for appointees: U.S. citizen for 5+ years, Alabama resident for 5+ years, at least 25, registered voter, not a current federal lobbyist or recent federal employee/contractor (with certain exceptions), not holding statewide office during service, and no felony conviction in the past 10 years.
• Oath requirement: each commissioner/alternate must take a written oath before exercising duties, filed with the Secretary of State, with credentials issued accordingly.
• Duties and scope: commissioners must follow instructions limiting authority to Alabama’s Article V application; the delegation may designate leadership and set a quorum; communications with mass media are restricted to designated spokespersons; advisory committee monitors the delegation and can advise on potential violations.
• Advisory committee: composed of Senate and House leadership appointees and a jointly nominated member; has the power to monitor, hire staff, and issue timely determinations on potential authority violations.
• Recall/removal and enforcement: the advisory committee or Legislature can recall/remove commissioners who exceed authority; determinations can be acted upon quickly, with communication to key state officers; violations can result in Class C felony penalties for the commissioner and for interfering with duties.
• Penalties: exceeding authority or interfering with duties is a Class C felony.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Government