1 year ago

An Alabama voters’ quick guide to state amendments on the Nov. ballot

A woman prepares to vote in 2006. (Photo: Nathaniel Shepard)

When Alabama voters head to the polls on November 8th, they won’t just be electing a president; they will approve or reject 14 Constitutional amendments. If you need help navigating issues on the ballot, check out our guide below.

Amendment 1

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to establish procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year and to add two additional at-large members to the board to enhance diversity on the board.”

In a nutshell: Amendment 1 adds two new board members to the Auburn University Board of Trustees, and also ensures that the terms of no more than three members’ terms will expire at the same time.

Amendment 2

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated pursuant to statute for the use of the state parks system from being transferred for another purpose other than the support, upkeep, and maintenance of the state parks system.”

“Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund.”

“Proposing an amendment to Amendment 617 of the Constitution of Alabama of 1901, to 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 any applicable state parks in Alabama.”

In a nutshell: Amendment 2 restricts the state legislature from dipping into funds generated by state parks. It would constitutionally require that monies be spent on maintaining those parks, unless revenues top $50 million annually.

Amendment 3

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to revise the procedure for adoption of local constitutional amendments to provide that a proposed constitutional amendment the Legislature determines without a dissenting vote applies to only one county or a political subdivision within one or more counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county or the political subdivision and county or counties in which the political subdivision is located, who vote on the amendment.”

In a nutshell: Amendment 3 institutes a new procedure to determine whether a constitutional amendment should be voted on by the entire state or by the affected community only.

Amendment 4

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to authorize each county commission in the state to establish, subject to certain limitations, certain programs related to the administration of the affairs of the county.”

In a nutshell: Amendment 4 would expand local power by giving counties the ability to create new policies that apply to public transportation, road safety, emergency assistance, and personnel. It does not give county officials any new power or compensation. This amendment also prohibits new taxes, fees or programs from being instituted that would hinder a landowner’s legal rights to use their property, with the exception of legislative intervention.

Amendment 5

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to repeal and restate the provisions of Article III of the Constitution of Alabama of 1901 relating to separation of powers to modernize the language without making any substantive change, effective January 1, 2017.”

In a nutshell: Amendment 5 cleans up and updates outdated terminology in Article III of the state constitution.

Amendment 6

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article VII, Impeachments.”

In a nutshell: Amendment 6 would require a two-thirds vote of the Alabama Senate to impeach a public official, and subjects members of the Board of Education to impeachment. It does not change the reasons why an elected official can be impeached.

Amendment 7 (Local)

What it says: “Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the employees of the Office of Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the Personnel Board of the Office of the Sheriff of Etowah County.”

In a nutshell: Amendment 7 would only apply to Etowah County, and make certain county employees subject to the authority of the Personnel Board of the Office of the Sheriff of Etowah County.

Amendment 8

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.”

In a nutshell: Amendment 8 would solidify the state’s “right-to-work” status into the constitution, making it difficult in the future for unions to force membership on Alabama workers as a condition of employment.

Amendment 9 (Local)

What it says: “Relating to Pickens County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person who is not over the age of 75 at the time of qualifying for election or at the time of his or her appointment may be elected or appointed to the office of Judge of Probate of Pickens County.”

In a nutshell: Amendment 9 applies to Pickens County only. It would allow a Probate Judge to serve until the age of 75 (the current age is 70).

Amendment 10 (Local)

What it says: “Relating to Calhoun County, proposing an amendment to the Constitution of Alabama of 1901, to provide that any territory located in the county would be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in the county.”

In a nutshell: Amendment 10 applies to Calhoun County only. If passed, it would prevent any city or town not in or partially in Calhoun from exercising jurisdiction over any area of the county.

Amendment 11

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, as amended, to permit cities and counties, notwithstanding any existing constitutional restrictions, to utilize tax increment district revenues collected within a Major 21st Century Manufacturing Zone and other moneys to incentivize the establishment and improve various types of manufacturing facilities located or to be located in such Zone, and to validate and confirm the Major 21st Century Manufacturing Zone Act, Act No. 2013-51.”

In a nutshell: Amendment 11 allows cities and counties to sell government-owned land within a certain type of development zone below fair market value for the purpose of economic development.

Amendment 12 (Local)

What it says: “Relating to municipalities in Baldwin County; proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature by general or local law to provide for any municipalities in the county to incorporate a toll road and bridge authority as a public corporation in the municipality for the construction and operation of toll roads and bridges in the municipality and to authorize the authority to issue revenue bonds to finance the projects.”

In a nutshell: Amendment 12 allows the legislature to create a toll and bridge authority for a city or town in Baldwin County. The authority would have the power to finance its projects and accept funding from state or local governments.

Amendment 13

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to repeal any existing age restriction on the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office, currently imposed by a provision of the Constitution or other law; and to prohibit the Legislature from enacting any law imposing a maximum age limitation on the appointment, election, or service of an appointed or elected official.”

In a nutshell: Amendment 13 eliminates maximum age restrictions that currently apply to the election or appointment of non-judicial elected officials.

Amendment 14

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution relating to a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.”

In a nutshell: Currently, legal questions over “budget isolation resolution” votes threaten a wide array of local laws. Amendment 14 seeks to protect the validity of over 500 local laws that have passed between 1984 and 2016, as long as they were approved using proper legislative rules at the time of their passage.


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9 hours ago

Alabama wins private property rights case against Obama-era regulations

In a victory for private property rights this week, the federal government agreed to reconsider rules adopted during the Obama-era that unreasonably restrict the freedom of Americans to use their land.

“We are encouraged that the Trump administration has agreed to revisit these rules, which threaten property owners’ rights to use any land that the federal government could dream that an endangered species might ever inhabit,” Alabama Attorney General Marshall said in a statement.

Why this matters: Under these rules, unelected federal bureaucrats could designate a piece of private property as “critical habitat” for an endangered species even if the land doesn’t contain that particular species and, moreover, doesn’t even contain some of the features needed to support that species. Use of the land would then be severely limited. 


The details:

— The state filed a lawsuit, Alabama v. National Marine Fisheries Service, in November of 2016 challenging the rules, calling them “an unlawful federal overreach.”

— Nearly 20 other states joined the lawsuit, along with four large trade associations.

— The settlement forces federal agencies to submit revised rules for public review within 60 days and retains our freedom to file another lawsuit if their new rules are as excessive as the old ones.

@jpepperbryars is the editor of Yellowhammer News and the author of American Warfighter

10 hours ago

Jeff Sessions is right to sue California for ignoring federal immigration laws

America may be a country of immigrants, but it’s also a country of laws. No one is exempt from those laws regardless of what some local officials in sanctuary cities may think.

As you may have seen on the news recently, Attorney General Jeff Sessions recently announced a lawsuit against the State of California for failure to completely cooperate with federal immigration enforcement officers.  I stand with AG Sessions’ decision.

From the mayors and local politicians disregarding federal immigration law to the illegal immigrants they are prioritizing over American citizens, it’s about time we hold these lawless individuals accountable.


The “leaders” in these cities are violating their oath of office and the Constitution.  They should be immediately removed from their positions and the illegal immigrants they are protecting should be deported. Period.

I agree with President Trump that we need to strengthen our borders.  We should build the wall and we should continue to support law enforcement’s crackdown on violent foreign gangs like MS-13.

These efforts mean nothing though if illegal immigrants and criminals can continue to seek refuge in some of our country’s largest cities.

It boils down to fairness, safety and what it means to be a sovereign nation.

A country without borders is hardly a country at all. I’m fed up with seeing the tax dollars from hard-working families across East Alabama go to cities who snub their nose at the very ideals that make America great.  Congress should withhold funding from sanctuary cities that refuse to uphold federal law.

President Trump has proven his tough stance on illegal immigration is much more than just campaign rhetoric. He has already done so much to curtail our illegal immigration crisis but he can’t do it alone.

Elected officials – from the state and local level to Members of Congress – must do their part.

And if they refuse, then they aren’t fit for public service.

U.S. Rep. Mike Rogers is a Republican from Saks.

(Image:U.S. Immigration and Customs Enforcement/Flickr)

11 hours ago

WATCH: Cam Newton’s leadership message resonates with Boy Scouts

When Cam Newton speaks, people listen.

The Carolina Panthers quarterback had the full attention of the audience at the 11th annual American Values Luncheon.

Boy Scouts were among attendees that filled the meeting room at the North Exhibition Hall of the Birmingham-Jefferson Convention Complex.


Auburn head football coach Gus Malzahn joined Newton during a question and answer session. Famous for leading the Auburn Tigers to the 2010 National Championship under Malzahn’s leadership, Newton’s talk followed in the tradition of several other football greats, including Nick Saban, Shaquille O’Neal and Bo Jackson.

Dr. James Andrews, Dr. Jesse Lewis Sr. and Jimmy Rane were honored at the luncheon for their contributions to the community.

Newton shared his life experiences and lessons learned.

(Courtesy Alabama News Center)

11 hours ago

Celtic Pride! Joel Blankenship shares his Irish roots with The Ford Faction

Joel Blankenship makes his weekly return to The Ford Faction to talk the St. Patrick’s Day parade held in Birmingham and what the holiday means to him.  Joel mentions the law that can be passed to put Police K9’s in schools to help sniff out guns or drugs.  He provides feedback on what this could mean for schools and how it will benefit the need for police K9’s.

Subscribe to the Yellowhammer Radio Presents The Ford Faction podcast on iTunes or Stitcher.

12 hours ago

VIDEO: Alabama Rep. Roby thanks Air Force secretary for decision to bring F-35s to Montgomery

U.S. Representative Martha Roby participated in a defense appropriations subcommittee hearing this week where she expressed her appreciation to Secretary Heather Wilson for the Air Force’s decision to base F-35 Joint Strike Fighters at Dannelly Field in Montgomery.

Roby also discussed other military-related programs in Alabama’s 2nd Congressional District, including helicopter training at Fort Rucker near Enterprise and the professional education programs at Maxwell-Gunter Air Force Base in Montgomery.

(Image: Representative Martha Roby/YouTube)