Alabama Proposed Constitutional Amendments

Friends,

I am being asked by many of you about the proposed constitutional amendments at the end of your ballot. I encourage all to VOTE YES on proposed constitutional amendments 1-4, which are the state-wide amendments. All 4 passed with bi-partisan support in the Legislature. Amendment #3 is my amendment! (Amendments 5 and 6 do not apply to Jefferson County).

The following are the words of the Fair Ballot Commission and not my words. I have just cut down their report on each amendment by giving you the text of the amendment and their summary of each. I hope this is helpful to you. I did not change or add anything to what they said. Please VOTE on Tuesday if you have not already!!

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BALLOT STATEMENT FOR STATEWIDE AMENDMENT 1:

Proposed by Act No. 2019-330 (Senate Bill 313, 2019 Regular Legislative Session)
Bill Sponsor: Senator Marsh

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.

SUMMARY: The state constitution grants the right to vote to U.S. citizens who meet certain requirements. This amendment does not change those requirements. If a majority of voters vote “yes” for Amendment 1, the state constitution will grant the right to vote to “only” those U.S. citizens who meet the requirements. If a majority of voters vote “no” for Amendment 1, the state constitution will continue to grant the right to vote to “every” U.S. citizen who meets the requirements. There is no cost for Amendment 1.

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BALLOT STATEMENT FOR STATEWIDE AMENDMENT 2:

Proposed by Act No. 2019-187 (Senate Bill 216, 2019 Regular Legislative Session)
Bill Sponsor: Senator Orr
Cosponsor: Senator Ward

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.

SUMMARY: This amendment proposes six changes to the state’s judicial system. In summary, this amendment:

1. Provides that county district courts do not have to hold city court in a city with a population of less than 1,000;

2. Allows the Alabama Supreme Court, rather than the Chief Justice, to appoint the Administrative Director of Courts;

3. Increases from 9 to 11 the total membership of the Judicial Inquiry Commission and determines who appoints each member (the Judicial Inquiry Commission evaluates ethics complaints filed against judges);

4. Allows the Governor, rather than the Lieutenant Governor, to appoint a member of the Court of the Judiciary (the Court of the Judiciary hears complaints filed by the Judicial Inquiry Commission);

5. Prevents a judge from being automatically disqualified from holding office simply because a complaint was filed with the Judiciary Inquiry Commission; and

6. Provides that a judge can be removed from office only by the Court of the Judiciary.

If a majority of voters vote “yes” on Amendment 2, these provisions become law.

If a majority of voters vote “no” on Amendment 2, there will be no change to current law.

There is no cost for Amendment 2.

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BALLOT STATEMENT FOR STATEWIDE AMENDMENT 3:

Proposed by Act No. 2019-346 (House Bill 505, 2019 Regular Legislative Session)
Bill Sponsor: Representative Faulkner
Cosponsor: Representative Fridy

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.

SUMMARY: This amendment changes the initial term of a judge that is appointed to fill a vacancy due to death, resignation, retirement, or removal. The current law and this proposed amendment does not apply to probate judges.

Under current law, the initial term of office for a person appointed to fill a vacancy in a judgeship shall last until the first Monday after the second Tuesday in January following the next general election held after the person has completed one year in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer. The term of the appointment could vary widely due to the years left in the original term. At the election, the judicial office shall be filled for a full term.

Under this amendment, a judge appointed to fill a vacancy shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after the person has completed two years in office. At the election, the judicial office shall be filled for a full term.

If the majority of the voters vote “yes” on Amendment 3, the initial appointment to fill a judicial vacancy will last until the first Monday after the second Tuesday in January after two years of service before a general election to fill the judicial office.

If the majority of the voters vote “no” on Amendment 3, then the length of appointment to fill a judicial vacancy will not change.

There is no cost to Amendment 3.

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BALLOT STATEMENT FOR STATEWIDE AMENDMENT 4:

Proposed by Act No. 2019-271 (House Bill 328, 2019 Regular Legislative Session)
Bill Sponsor: Representative Coleman
Cosponsors: Representatives McCutcheon, Hollis, Rafferty, Bracy, Alexander, Drummond, Moore (M), Rogers, McClammy, Clarke, Gray, Jackson, Warren, Hill and Wadsworth

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.

SUMMARY: Alabama’s constitution can be changed only during a constitutional convention or when a majority of voters approve a constitutional amendment.

If a majority of voters vote “yes” on Amendment 4, the Alabama Legislature, when it meets in 2022, would be allowed to draft a rearranged version of the state constitution. This draft could only (1) remove racist language, (2) remove language that is repeated or no longer applies, (3) combine language related to economic development, and (4) combine language that relates to the same county. No other changes could be made.

Even if passed by the Alabama Legislature, this rearranged version would not become law until it was approved by a majority of voters.

If a majority of voters vote “no” on Amendment 4, the Alabama Legislature could not draft a rearranged version of the state constitution.

There is no cost for Amendment 4.

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Thank you all, and please remember to exercise your right and your voice - VOTE!

Rep. David L. Faulkner
Alabama House of Representatives
District 46