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2 years ago

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

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

48 mins ago

Republicans draw big crowd for Fairhope rally as Election Day nears

FAIRHOPE – Complacency may be a concern for Republicans in some parts of Alabama as Election Day approaches, but it isn’t as prevalent of a concern in ruby-red Baldwin County.

With several hundred on hand at Fairhope’s Oak Hollow Farms, Rep. Bradley Byrne and Gov. Kay Ivey rallied attendees that offered the impression of being engaged and motivated to show up at the polls to vote on November 6.

The event, a fish fry, was put on by the Baldwin County Republican Party and featured other candidates running for statewide office, including Alabama Attorney General Steve Marshall and Alabama Supreme Court chief justice hopeful Tom Parker.

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Parker said it was his impression that Republicans, not just in Baldwin County, but throughout the state, were fired up based on the Brett Kavanaugh’s U.S. Supreme Court associate justice confirmation process.

“Republican voters are so incensed post-Kavanaugh after they saw what the Democrats did and what they condone,” Parker said to Yellowhammer News. “And we’re just trying to remind the people of who they have running against the Republican officials. They are the people getting money from Soros, Planned Parenthood. They condone violence. They are advocating anarchy. And we do not need that in our judiciary. We need the rule of law and respect for law rather than judges who will bend things in order to accomplish political goals. We need people who will protect Alabama values, which are pro-life, pro-Second Amendment and pro-Constitutions.”

Parker said that Baldwin County was part of a campaign effort that included county fairs, local events and Republican events.

“All I’m hearing is anger post-Kavanaugh generated because of those Democrats who were paying to protest,” he added. “And then when they did acts of violence, they wouldn’t condemn it. They’re condoning it. That’s so uncivil and so un-American.”

Daphne native Matt Simpson, the Republican nominee for the State House District 96 election, who is heavily favored in his contest against Democratic nominee Maurice Horsey, explained that having Gov. Kay Ivey making an appearance in Baldwin County generated excitement.

“We’re excited,” Simpson said. “Anytime we can get the governor in this area in south Alabama, we’re excited. We expect a good turnout in Baldwin County. Baldwin County is a very red county, one of the reddest in the state. We think the voters of the area are motivated. We think there’s going to be an opportunity for people to show just how motivated they are to support Republican principles and to make sure we keep Republicans in office.”

Simpson also echoed what Parker had said about the so-called Kavanaugh effect, noting that the backlash against the Democratic Party’s tactics would be on display when Baldwin County voters head to the polls.

“I think complacency has taken a backseat,” he added. “The Kavanaugh hearings have really fired up the Republican base. I think you saw what Democrats will do once they get in power and how they will try to take power from Republicans through the lies and the smears that they’ve done. And I think people are excited to show that’s not how we run things. That’s not what we want as a general public. We want our voice heard, and we won’t accept that type of behavior.”

Simpson said the I-10 bridge was the biggest issue on the minds of Baldwin County voters given its impact on the local economy, tourism and residents’ way of life. On the national level, he said Baldwin County voters were firmly in support of President Donald Trump given the success of the economy and how Trump’s leadership showed that if free market principles were implemented, the economy could flourish.

@Jeff_Poor is a graduate of Auburn University and is the editor of Breitbart TV.

2 hours ago

Public Policy Foundation: ‘Amendment 4 would save Alabama taxpayers millions’

The Alabama Public Policy Foundation (APPF) issued a press release on Thursday in an effort to educate voters about the virtues of voting “yes” on Amendment 4 on the November 6 general election ballot.

Rosemary Elebash, an APPF board member and state director of the National Federation of Independent Business (NFIB), explained that the amendment would save Alabama taxpayers millions of dollars by eliminating costly special elections when a regularly scheduled election is already imminent.

“Under current law, the governor must call a special election to fill legislative seats vacated due to death or resignation, even if there are only a few months remaining in the term,” Elebash outlined. “Each legislative special election costs from $90,000 to $900,000 per county, based on the number of voters and polling locations. These sometimes occur when candidates already have qualified for the next general election or when the Legislature is not scheduled to meet again before the end of the term.”

APPF noted that money spent on late-term special elections could be used for other services important to Alabama taxpayers. In addition to the wasteful cost, Elebash said back-to-back balloting can create fatigue and confusion for voters.

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“In recent years, we’ve seen candidates win special elections and immediately begin campaigning for a regular primary election a month or two later,” she said.

Amendment 4 would allow Alabama Senate and House of Representatives seats to remain open if vacated on or after Oct. 1 of the third year of a four-year term. The longest a seat would remain vacant would be 14 months. The amendment only applies to these state legislative seats, and the governor would still be required to schedule special elections for vacancies occurring earlier in a term.

You can read the objective Fair Ballot Commission’s explanation of Amendment 4 here.

APPF is a 501(c)(4) non-profit organization “created to promote educational, social, financial and economic policies to enhance the well-being of Alabama citizens.”

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

Kay Ivey: Walt Maddox ‘misguided’ on calls to expand Medicaid

FAIRHOPE – Gov. Kay Ivey isn’t necessarily buying into the notion that the expansion of Medicaid could be a win-win for Alabama, as her Democratic opponent Tuscaloosa Mayor Walt Maddox has portrayed it.

Medicaid expansion has been a key component of Maddox’s campaign, and it has been something Republican lawmakers have resisted given its potential future cost to state taxpayers.

Thursday night, before taking the stage at Baldwin County’s Oak Hollow Farms for a political rally, Ivey fielded questions from reporters, one of which dealt with the expansion of Medicaid.

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She expressed her support for quality health care, but described Maddox’s push as “misguided.”

“It’s important that we have the availability of quality health care for our people,” she said to Yellowhammer News. “That’s for sure. But at the same time, we’ve got to be sure we’re doing all we can with the Medicaid program, and nobody has come up with how we’re going to pay back the high cost if we expand it. So, I think my opponent is misguided again.”

In recent weeks, Maddox has been pushing Medicaid expansion on his bus tour of Alabama, and on Thursday, his second TV ad began airing across the state that doubles down on the proposal.

@Jeff_Poor is a graduate of Auburn University and is the editor of Breitbart TV.

4 hours ago

7 Things: Illegal immigration argument in the WH, libs complain about pot enforcement costs, Maddox demands Ivey prove his smear, and more …

7. 2020 is definitely underway, with Sen. Kamala Harris proposing a straight-up giveaway to every person making less than $100,000 a year.

— Sen. Harris says she wants to provide Americans whose wages haven’t increased a “basic income” to “keep up with cost of living increases.”

— The proposal has absolutely no chance of becoming law, but this is more about her appealing to the Democrat base before she enters the primary for President.

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6. As Canada legalizes marijuana, a new report tells how much marijuana costs Alabama.

— The Southern Poverty Law Center is claiming the enforcement of pot laws cost the state $22 million dollars a year, clogs up forensic labs, and as a kicker, they also claim that drug laws are racist.

— Madison County District Attorney dismisses the claims of racism and says law enforcement is just doing their jobs, “I can tell you law enforcement officials on the street do not care what color you are, they do not care whether you’re a man or a woman, if you’re breaking the law, they’re going to address it.”

5. Nick Saban endorses an old friend in West Virginia; Alabama liberals want him to endorse Walt Maddox here.

— Sen. Joe Manchin’s campaign in a red state looked to Saban, a native son and life-long friend, for a boost to swing voters in the state President Donald Trump won big.

— Every election year people wonder if Nick Saban will wade into Alabama politic; he never does even though some people fake it.

4. A Speaker Nancy Pelosi would make you pay if you disagree with her; an Alabama Democrat won’t support her if she is elected.

— Former Speaker Pelosi knows there is a good chance she will get her hand on the gavel again, and if she does there may be some pain. Pelosi said, “If there’s some collateral damage for some others who do not share our view, well, so be it, but it shouldn’t be our original purpose.”

— In what is becoming a bit of a ploy for Democrats looking to distance themselves from the national Democratic Party, Mallory Hagan who is running for Congress in Alabama Congressman Mike Rogers 3rd District, has declared she isn’t voting for Pelosi. Hagan said, “Sixteen years is too long for Mike Rogers and too long for Nancy Pelosi.”

3. George Soros involvement in Alabama elections is not as complicated as some are pretending.

— After a report that George Soros donated $200,000 to Tuscaloosa PACs this week, PACs that have given Mayor Walt Maddox $600k+ overall this cycle, people are equivocating, saying the PACs donated to Ivey in the past.

— The fact is PAC funding is a mess, the pass-through process is a joke, but the idea that Soros is giving Ivey money is comical deflection that no one with any scruples would try to make and Ivey’s response is perfect: “Bottom line is [if] George Soros puts $200 [thousand] in Alabama elections, for sure it’s not for conservatives like I am.”

2. Phase two of “The Governor is sick” rollout is underway, Maddox allies allege a cover-up, and he then demands it be explained.

— Phase one of this sad charade included revisiting a previous smear that Governor Kay Ivey is secretly-ill, but adding a twist of a grudge-holding former state employee who is also Maddox’s friend.

1. There was a shouting match at the White House over the plan to actually enforce our borders.

— White House Chief of Staff John Kelly and National Security Adviser John Bolton got into an argument over a proposed policy to step up border enforcement in the lead up to the election. Trump sided with Bolton and threatened to send the military to the border to stop a caravan of future illegal aliens.

— Trump’s threats of military action and cutting foreign aid payments have apparently pushed Mexico into attempting to stop the flow at their southern border; they are sending federal police and reaching out the UN for help.

Passion and purpose: How an Alabama based software company is helping the United Cajun Navy organize Hurricane Michael relief efforts

When Hurricane Michael tore through the Florida panhandle and parts of the Carolinas last week, Alabama native Hammond Cobb didn’t waste any time helping those tragically devastated by the storm.

Cobb called the United Cajun Navy, a well-known Louisiana volunteer group and immediately got to work mobilizing their team’s volunteer efforts with the help of his software company, Serquest.com

Cobb says Serquest is a “software system that is designed to put people into action faster.”

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Essentially a LinkedIn for nonprofits, Serquest gives organizations the ability to create an online ‘resume’ for their organization where they can list current volunteer opportunities and donation needs.

The United Cajun Navy has their urgent needs listed on Serquest.com. Groups of volunteers, individuals or corporations who want to assist Florida residents affected by Hurricane Michael can sign up or donate here.

Cobb says the United Cajun Navy a “democratic and lean volunteer network of people who save lives first, ask questions later and don’t ask for compensation for doing the right thing.”

He said government agencies can often be slow when it comes to helping people get what they need and by partnering with the Cajun Navy, he knew people would get the assistance they needed, and quickly.

“We help people now and do paper work later,” Cobb said.

In addition to hosting volunteer needs on his organization’s website, Cobb created inspirational video ads and public service announcements to encourage people to volunteer.

At the end of the day, Cobb said his mission for Serquest revolves around, “connecting people to people.” A nonprofit for nonprofits, he sees Serquest as a personal network centered approach to helping volunteer organizations.