In addition to choosing their local and state elected officials and a new president, Alabama voters will cast ballots on 14 amendments on November 8th.
Often wordy and confusing, several of these amendments only affect citizens in one county, but the Alabama Constitution requires them to be passed by statewide vote.
With the assistance of Rep. Johnny Mack Morrow (D-Red Bay), www.ballotpedia.org , www.alabamavotes.gov and Col. James Henderson from the Alabama Republican Party Executive Committee, the Franklin Free Press is providing our readers the following synopsis of each amendment. Please note that opinions for or against these proposed amendments are those of the sources attributed to them and not the opinion of the FFP, its staff or management.
Amendment One: Proposal to add two members, elected at-large, to the Auburn University Board of Trustees and ensure no more than three board member terms expire in any one calendar year.
Morrow: “I recommend either voting yes or not voting at all on this amendment.”
Ballotpedia: “A yes vote supports this proposal to add two members, elected at-large and ensure no more than three board member terms expire in any one year. A no vote would support keeping three members at-large and no restrictions on the number of terms ending in a particular year.”
Amendment Two: This amendment would allow the Department of Conservation and Natural Resources the option to provide for the operation and management by non-state entities, of hotels, golf courses and restaurants at Alabama state parks.
Morrow: “In recent years, the legislature has transferred some funds out of the parks' budget to help short up shortfalls in other parts of the budget. If you want to prevent the legislature from dipping into the park funds then you will want to vote yes. If you would rather risk cutting park funding to avoid other cuts or tax increases, then you would want to vote no.”
Henderson: “As a conservative member of the Republican Executive Committee, I would recommend voting no. We already have too many sacred cows with different trust funds and lock boxes. We don't need another one. We need to go with a line item budget where all activities come in to compete for funds each year. The special interest groups like AEA don't seem to trust the legislators and the governor. I believe we need to hold the governor and legislature accountable and expect them to manage an annual budget.”
Ballotpedia: “A yes vote supports this proposal to prohibit reallocating state park funds for other uses and allow the Department of Conservation and Natural Resources to contract with non-state entities to operate and maintain land and facilities that are part of the state park system. A no vote allows the legislature to continue to move funds from the state park budget to other uses and maintains the constitutional requirement that only state entities can operate or maintain property in the state park system.”
Amendment Three: This amendment proposes to change the procedure for determining local constitutional amendments so that only a unanimous vote of the legislature is needed to declare that a constitutional amendment exclusively affects only one particular jurisdiction.
Simply stated, if a measure only affects Baldwin County, then as long as the legislature unanimously approves the measure, only Baldwin County voters will decide the amendment's fate. A statewide referendum would no longer be needed.
Morrow: “I recommend voting yes on this amendment because local voters should decide local issues.”
www.alabamavotes.gov: Amendment 3 would replace the existing method for deciding whether a proposed constitutional amendment should be voted on a) by the voters of the affected local community only, or b) by the voters of the entire state. Currently, that decision is made by the Local Constitutional Amendment Commission, which is composed of the Governor, Lieutenant Governor, Speaker of the House of Representatives, Attorney General, and Secretary of State.
For your information, a proposed constitutional amendment first must be passed by a three-fifths vote of each house of the Legislature. To become part of the State Constitution, the amendment must then be ratified by a vote of the people on an election ballot. All constitutional amendments must be decided by the voters of the entire state unless a) the proposed amendment affects only a single county or city, and b) there was no dissenting vote in either house of the Legislature. If both of those conditions are not met, the vote on the amendment will be limited to only the voters of the affected area, and only those voters will have the amendment on their election ballot. After the Legislature passes a proposed amendment, the Local Constitutional Amendment Commission makes the final decision on whether that amendment is eligible for a local vote. If the Commission rules that the amendment is not eligible for a local vote, it will be placed on the ballot statewide.
If a majority of voters vote “Yes” on Amendment 3, the Local Constitutional Amendment Commission will be abolished, and the final decision on whether a proposed constitutional amendment should be voted on locally or statewide will instead be made by the Legislature. After the Legislature votes to pass a proposed amendment, each house of the Legislature would then be required to pass a resolution deciding whether the proposed amendment will be voted on locally or statewide. If any single legislator votes against that resolution, the proposed amendment will be placed on the ballot statewide.
If a majority of voters vote “No” on Amendment 3, the existing method of deciding whether a proposed constitutional amendment should be voted on locally or statewide will continue to operate.
There is no cost for Amendment 3.
Amendment Four: This amendment proposes to authorize county commissions to establish certain programs related to the administration of their county.
Morrow: “Amendment four gives more autonomy to the local commissions and how they manage programs like their personnel system and emergency assistance programs. I recommend voting yes.”
Ballotpedia: “A yes vote supports the proposal to authorize county commissions to establish programs pertaining to the administration of their respective counties. A no vote opposes this proposal, keeping the power of county commissions limited.”
Amendment Five: This amendment proposes to modernize language in the state constitution relating to the separation of powers, without changing the substance of those powers.
Morrow: “I plan to vote yes.”
www.alabamavotes.gov: “Language related to the powers given to the three branches of Alabama government is currently contained in two parts of the State Constitution. The first part, known as Article III, divides state government into the legislative, executive, and judicial branches, and says that one branch “shall never” exercise the powers of the other two branches. The second part, known as Amendment 582, says that the state is required to follow a state court order to spend state funds only after the spending has been approved by a majority of the Legislature.
Amendment 5 does two things. First, it combines Article III and Amendment 582 into the same part of the State Constitution. Second, it removes words and phrases that are no longer commonly used; for example, outdated phrases such as “body of magistracy” and “to wit” are deleted. Because all other changes are technical – for instance, where the current law says that one branch “shall never” exercise the powers of the other two branches, the new law would say that one branch “may not” exercise the powers of the other two branches – Amendment 5 really does nothing more than combine and restate current law.
If a majority of voters vote “Yes” on Amendment 5, the parts of the State Constitution that deal with the separation of powers between the branches of state government will be contained in the same place and will not include outdated language.
If a majority of voters vote “No” on Amendment 5, the parts of the State Constitution that deal with the separation of powers between the branches of state government will remain separate and will still contain outdated language. “
Amendment Six: This amendment would repeal and replace Article VII of the Alabama Constitution dealing with impeachments of state officials.
Morrow: “The new version would provide more details about the process, including how many votes are needed in the Alabama Senate to impeach a statewide elected official. I support this amendment.”
Ballotpedia: “A yes vote supports this proposal to require a two-thirds supermajority vote in the Alabama Senate for conviction and impeachment of a state official. A no vote would leave the Alabama Constitution unchanged.”
www.alabamavotes.gov: “Amendment 6 changes how the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, State Board of Education, Superintendent of Education, Commissioner of Agriculture, and members of the Alabama Supreme Court can be impeached and removed from office. Currently, the State Constitution does not set the number of votes required to remove one of these officials from office. Amendment 6 would require a two-thirds majority vote of the Alabama Senate for removal from office. Also, under current law, the appointed Superintendent of Education is subject to impeachment but the elected State Board of Education is not. Amendment 6 adds the entire State Board of Education and removes the Superintendent of Education, who is appointed by and can only be removed by the Board, from the impeachment process. Amendment 6 will not change the reasons someone can be impeached.
If a majority of voters vote “Yes” on Amendment 6, Alabama will modify the process to remove the Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, State Superintendent of Education, State Board of Education, Commissioner of Agriculture, and the members of the Alabama Supreme Court.
If a majority of voters vote “No” on Amendment 6, the process to impeach and remove certain elected officials will not be changed.”
Amendment Seven: This is a local amendment relating to Etowah County and what authority the sheriff's office employees work under.
Morrow: “I ask that you vote yes for this amendment.”
Ballotpedia: “A yes vote supports the proposal to place employees of the Etowah County Sheriff's office under the authority of the Personnel Board of the Office of the Sheriff of Etowah County.”
Amendment Eight: Amendment Eight, known as the Alabama Right to Work Amendment, proposes to add the 'right to work,' a law that prohibits businesses from making rules about union membership, to the Alabama Constitution.
Morrow: “This amendment changes nothing in state law and does nothing to help business, but makes limits on the rights of working people permanent. I plan to vote no.”
www.alabamavotes.gov: “Under current law, the Code of Alabama, but not the State Constitution, declares that a person’s membership or nonmembership in a labor union or organization may not eliminate or reduce that person’s right to work, nor be used as a condition for employment or continuation of employment. Amendment 8 would place these identical right-to-work provisions from the Code of Alabama in the State Constitution.
If a majority of voters vote “Yes” on Amendment 8, both the Code of Alabama and Alabama’s Constitution would protect a person’s right to work, regardless of membership or nonmembership in a labor union or organization.
If a majority of voters vote “No” on Amendment 8, then a person’s right to work, regardless of membership or nonmembership in a labor union or organization, would remain protected in the Code of Alabama, but would not be protected in the Alabama Constitution.
There is no cost for Amendment 8.”
Amendment Nine: This deals with changing the age limit of individuals seeking the office of Probate Judge in Pickens County.
Ballotpedia: “A yes vote supports the proposal to increase the maximum age allowed for candidates for the Probate Judge in Pickens County to 75 years old. A no vote opposes this proposal, leaving the maximum age at 70.”
Amendment Ten: This amendment proposes to make any territory in Calhoun County subject to the police jurisdiction and planning jurisdiction of its respective municipality within Calhoun County.
Ballotpedia: “A no vote opposes this proposal and would allow municipal police jurisdictions to extend across county lines.”
Amendment Eleven: This measure proposes to confirm the Major 21st Century Manufacturing Zone Act, which allowed Alabama cities to create specific zones to attract industry to the state.
Morrow: “This amendment creates 'Tax Increment Districts.' Basically, the idea is that local county and city governments spend/borrow money to develop land for recruiting large businesses, and offer tax credits to recruit businesses to their areas. Then, once the business comes, the property tax on the developed land will incrementally increase over time to repay what was spent/borrowed to recruit them. Vote yes if you believe the risk of local governments incurring millions of dollars in debt is worth it to try to recruit business. Vote no if you think the risk is too high, and that counties and cities may end up borrowing money then not successfully recruiting a business to pay back what gets borrowed.”
www.alabamavotes.gov: “Under current law, a city or county may pledge a projected increase in future property taxes to acquire and redevelop private property located in areas that have been specially designated as suitable for certain major manufacturing facilities. After acquisition, the city or county may sell the property to a private entity, but the sale price must, at a minimum, equal the property’s fair market value. Amendment 11 would give the city or county sole discretion to determine the sale price of property meeting these conditions, regardless of the property’s fair market value.
If a majority of voters vote “Yes” on Amendment 11, cities and counties would be allowed to sell certain city- or county-owned property for less than its fair market value if the property is located in areas of the city or county specially designated as suitable for certain major manufacturing facilities.
If a majority of voters vote “No” on Amendment 11, cities and counties would remain required to sell for at least fair market value any city or county-owned property located in areas that have been specially designated as suitable for certain major manufacturing facilities.
There is no cost for Amendment 11.”
Amendment Twelve: This is a local amendment for Baldwin County that proposes to establish a governing body to oversee toll roads and bridges within Baldwin County and permit them to issue revenue bonds to fund projects.
Morrow: “This amendment allows cities in Baldwin County to set up a toll road authority to build and operate more toll roads. Voting yes would help Baldwin finance its roadways, but could mean you pay more when you go to the beach.”
Amendment Thirteen: This amendment proposes to remove any current age restrictions and prohibit future age restrictions from being imposed for government official positions, with the exception of judicial offices.
Morrow: “This amendment repeals age restrictions on appointed or elected office holders except for judges. Vote yes if you want to remove the limits. Vote no if you think the limits should stay.”
Amendment Fourteen: Known as the Alabama Approval of Budget Isolation Resolution Proposing a Local Law Amendment, this amendment can be as confusing as its name. If it passes, the amendment would guarantee the application of budget isolation resolutions.
Morrow: “Amendment 14 is complicated. This amendment fixes a hole between state law and legislative rules concerning a common procedural vote. The constitution requires one number of votes for this procedural vote to pass, but the rules of the House of Representatives require a smaller number of votes. This became an issue because most legislators abstain from voting on local bills, and a court recently overturned one such bill because it did not get the constitutionally required votes needed.
“This amendment retroactively fixes this hole by bringing the constitution in line with the House's rules. I recommend voting yes only because, if this amendment fails, it could cause chaos and proration in cities and counties across the state, including taking away pay raises for law enforcement and stripping millions of dollars from local schools.”
www.alabamavotes.gov: “Amendment 448 was added to the State Constitution in 1984. The purpose of that amendment was to encourage the Legislature to pass bills related to the state’s budgets before passing any other bills. However, if the Legislature wanted to pass a non-budget bill before the state budgets, the amendment required the Legislature to pass what became known as a “Budget Isolation Resolution,” or BIR, on every bill it considered before passing the state’s budgets. In order to pass, a BIR needed approval from at least 60 percent of the legislators present.
After Amendment 448 was added to the State Constitution, the operating rules used by the House of Representatives were changed to say that a BIR needed approval from at least 60 percent of the legislators present and voting in order to pass. On general bills impacting the entire state, all legislators who are present at the time of the vote normally cast their vote for or against the bill. But on local bills that only impact a small area of the state, such as one city or county, legislators who are present at the time of the vote normally cast their vote for or against the bill only if they represent the portion of the state impacted by the bill.
Because of this “local courtesy,” the BIR for local bills passed since 1984 may have been approved by at least 60 percent of the legislators present and voting, but not necessarily by at least 60 percent of the legislators present. In other words, for these local bills, the same BIR vote that was acceptable under the House rules was inadvertently unacceptable under Amendment 448.
Amendment 14 clears up this problem. Under Amendment 14, any BIR passed on a local bill between 1984 (when the BIR requirement was added to the State Constitution) and November 8, 2016 (when Amendment 14 is on the ballot) would be considered approved if the original adoption of the BIR conformed to the rules of the House or Senate in place at the time.
If a majority of voters vote “Yes” on Amendment 14, local laws passed by the Legislature between 1984 and November 8, 2016, will be considered approved so long as those laws were passed in accordance with legislative rules in place at the time.
If a majority of voters vote “No” on Amendment 14, local laws passed by the Legislature between 1984 and November 8, 2016, will remain in place unless and until determined otherwise.”
