<P> New Mexico law provides that the members of its legislature would themselves be the delegates and form such a ratifying convention--if Congress were to again select that particular method of ratification . The issue having never come before the federal courts, it is unclear whether this New Mexico state law violates Article V . </P> <P> In a state's legislature, the ratification method is procedurally simple--merely propose a resolution, memorial, or proclamation of ratification and vote it up or down in each chamber of that state legislature . But using the convention method of ratification is a bit more complicated because it is, by necessity, separate and different from a state legislature . As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification . Many laws refer to a one - off event, with an ad - hoc convention convened solely for the purposes of the 21st amendment . Other laws, however, provided guidelines for ratifying conventions in general . </P> <P> Once Congress has proposed a federal constitutional amendment which Congress specifies is to be ratified by the convention method, Vermont's governor has 60 days to call for an election of delegates to that convention, and the setting of a date for those elections . Note that the Vermont code does not contemplate the calling of ratifying conventions from a national amendment convention, though the same procedures would likely be followed . </P> <P> Fourteen persons are elected to be members of the ratifying convention . Those 14 would be elected statewide, meaning that each voter would cast votes for fourteen people, with the top fourteen vote - getters being elected . The election must take place from three to twelve months after the governor's call . The convention must begin 20 to 30 days after the election . The convention itself is held in the Senate chamber in the state capital . </P>

Who decides how an amendment will be ratified by the states