Alabama voters will see six proposed constitutional amendments on the Nov. 3 ballot. If approved, they’ll be tacked on to the state’s 1901 constitution, said to be the longest and most-amended constitution anywhere in the world.
Here are summaries of the proposed amendments and a snapshot of what they mean, drawn from information provided by the Alabama Secretary of State’s office and analysis offered by the Alabama Policy Institute.
No. 1
Proposing an amendment to the Constitution of Alabama of 1901, to amend Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that only a citizen of the United States has the right to vote (Proposed by Act No. 2019-330).
Amendment 1 merely substitutes the word “only” for “every” in the original language. Original sponsor Sen. Del Marsh (R-Anniston) conceded that it doesn’t address any existing problems in Alabama but is intended as a “message to Washington,” according to API. Critics of the amendment say it’s unnecessary and creates opportunities for political meddling down the road. At any rate, the U.S. Constitution’s voter protection language supersedes Alabama’s.
No. 2
Proposing an amendment to the Constitution of Alabama of 1901, to increase the membership of the Judicial Inquiry Commission and further provide for the appointment of the additional members; further provide for the membership of the Court of the Judiciary and further provide for the appointment of the additional members; further provide for the process of disqualifying an active judge; repeal provisions providing for the impeachment of Supreme Court Justices and appellate judges and the removal for cause of the judges of the district and circuit courts, judges of the probate courts, and judges of certain other courts by the Supreme Court; delete the authority of the Chief Justice of the Supreme Court to appoint an Administrative Director Courts; provide the Supreme Court of Alabama with authority to appoint an Administrative Director of Courts; require the Legislature to establish procedures for the appointment of the Administrative Director of Courts; delete the requirement that a district court hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court; provide that the procedure for the filling of vacancies in the office of a judge may be changed by local constitutional amendment; delete certain language relating to the position of constable holding more than one state office; delete a provision providing for the temporary maintenance of the prior judicial system; repeal the office of circuit solicitor; and make certain nonsubstantive stylistic changes (Proposed by Act No. 2019-187).
The result of a 19-month study by legislators, judges and lawyers on how to improve the state’s judiciary, this amendment would:
- Allow for the entire state supreme court to appoint the director of courts and for a 10-year term, rather than the chief justice making the appointment, a protocol intended to prevent a revolving door (Alabama has in the past decade had five different chief justices and, therefore, five directors of courts)
- Allow district courts to no longer hold court within municipalities with fewer than 1,000 population, instead moving those proceedings to the county seat
- Expand the Judicial Inquiry Commission (JIC) from nine to 11 members
- No longer disqualify judges from holding office when the JIC files a complaint against them with the Court of the Judiciary
- Removes the state legislature from the process of impeaching judges and provides that only the Court of the Judiciary may remove judges from office.
No. 3
Proposing an amendment to the Constitution of Alabama of 1901, to provide that a judge, other than a judge of probate, appointed to fill a vacancy would serve an initial term until the first Monday after the second Tuesday in January following the next general election after the judge has completed two years in office (Proposed by Act No. 2019-346).
Currently, if a judge in Alabama dies, resigns, retires or is removed from office before the end of his or her term, the term of the person appointed to fill the vacancy has varied considerably. This amendment is intended to standardize the terms of appointed judges.
No. 4
Proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature to recompile the Alabama Constitution and submit it during the 2022 Regular Session, and provide a process for its ratification by the voters of this state (Proposed by Act No. 2019-271).
This amendment would allow the state legislature to rearrange the constitution and remove racist, repetitive and no longer applicable language. These fixes would have to be approved in – yes – another constitutional amendment.
No. 5 and 6
Relating to Franklin County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions (Proposed by Act No. 2019-194).
Relating to Lauderdale County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions (Proposed by Act No. 2019-346)
Identical in all respects except for the county name, these two amendments would put into the constitution a local version of the state’s already-existing “stand your ground” law that also applies to the use of deadly force in churches. API’s assessment says such local versions of existing state law has “little practical effect” unless the state law changes.
More information on the 2020 proposed amendments to the Alabama Constitution is available at the website of the Alabama Secretary of State’s office and at the website of the Alabama Policy Institute.
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