SENATE BILL REPORT
SJM 8008
As of February 4, 2025
Brief Description: Rescinding prior applications for a constitutional convention to propose amendments to the Constitution of the United States.
Sponsors: Senators Krishnadasan, Pedersen, Hasegawa, Nobles and Trudeau.
Brief History:
Committee Activity: State Government, Tribal Affairs & Elections: 2/04/25.
Brief Summary of Bill
  • Rescinds all previous requests to Congress for a Constitutional Convention under Article V of the U.S. Constitution.
SENATE COMMITTEE ON STATE GOVERNMENT, TRIBAL AFFAIRS & ELECTIONS
Staff: William Bridges (786-7312)
Background:

Constitutional Conventions Under the United States Constitution. Article V of the U.S. Constitution provides two methods for amending the Constitution. The first allows Congress to propose an amendment that is approved by a two-thirds vote in the House of Representatives and Senate. The second, which has never been used, requires Congress to call a Constitutional Convention to propose amendments when requested by two-thirds of state Legislatures, or 34 states. Any amendment proposed under either method is adopted only if ratified by three-fourths of state Legislatures, or 38 states.

 

There is no official state or national repository for Article V applications. According to one unofficial source, there have been over 450 applications from the states since 1788, with five from Washington State: 

  • HB 90—1901. Plenary convention with no limitation on subject; 
  • HB 207—1903. Plenary convention highlighting the direct election of United States senators; 
  • SCR 17—1909 without state seal. Limited convention to ban polygamy;
  • SCR 17—1911 with state seal. Limited convention to ban polygamy; and
  • HJM 1— 1963 (Extraordinary Session). Limited convention to prohibit federal restraint of the state initiative power to redistrict and remove federal judicial oversight of redistricting. 

 

There is no consensus among legal scholars on whether applications expire or the effect of any recissions. 
Summary of Bill:

Rescinding All Previous Article V Applications. The Washington State Legislature, by Senate Joint Memorial (SJM), informs the U.S President and Congress that the state of Washington rescinds, repeals, cancels, nullifies, and supersedes any and all prior applications for an Article V Constitutional Convention, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects, whether or not the calls are confirmed by historical records maintained by the state or the Library of Congress. 

 

The Washington State Legislature requests the SJM be transmitted to the U.S. President, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, each member of Congress from the State of Washington, and the Director of the Office of the Federal Registrar. 

 

The Washington State Legislature requests the SJM be published in the Congressional Records and listed in the official tally of state legislative applications for Article V conventions, stating definitively that the state of Washington should not be included in that number until a future Washington State Legislature duly passes a new application. 
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.