3 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.

8 hours ago

Judge rules Alabama-born ‘ISIS bride’ not an American citizen, has no right to return

Hoda Muthana, who left Hoover in 2014 to join ISIS in Syria, has no right to return to the United States, according to a Thursday ruling by a federal judge.

Muthana has been begging to return to America since at least early this year, claiming she made “a big mistake.”

She has previously called for the killings of Americans on U.S. soil, as well as the assassination of then-President Barack Obama.

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Muthana was 19 years old when she left Alabama and headed to Raqqa, Syria. There, she first married an Australian jihadist named Suhan Rahman, who was reportedly killed later in the town of Kobanî.

After Rahman’s death, Muthana – called “one of Isis’s [sic] most prominent online agitators” as well as one of the most militant – took to social media in a vengeful call for the blood of American citizens to be spilled by radical jihadists living in the country.

“Americans wake up! Men and women altogether. You have much to do while you live under our greatest enemy, enough of your sleeping! Go on drivebys, and spill all of their blood, or rent a big truck and drive all over them. Veterans, Patriots, Memorial, etc day … Kill them,” she once tweeted.

After the death of Rahman, she married a Tunisian fighter, with whom she had her son, Adam. This second husband was soon killed in Mosul, and Muthana briefly married a Syrian fighter last year to complete her own trifecta of jihadist husbands.

It is supposedly in part out of concern for her son that she wants to return to her family in the Yellowhammer State. She also claims to have become de-radicalized over time after seeing the realities in the Middle East.

President Donald Trump’s State Department has maintained that Muthana is not an American citizen, as such has no rights to return to America and therefore would be banned from reentering the country.

On Thursday, approximately nine months after Muthana’s family sued the State Department in federal court, Senior United States District Judge Reggie Walton of the United States District Court for the District of Columbia officially sided with the government.

The judge found that there was sufficient evidence to conclude that Muthana was born in America while her father, who once represented Yemen to the United Nations, still had diplomatic status in the U.S.

As reported by Buzzfeed News, “Federal regulations and international law state that children of foreign diplomats born in the US are not subject to the Fourteenth Amendment to the Constitution, which guarantees birthright citizenship, because they are born under the jurisdiction of another country.”

Additionally, the judge also ruled that Muthana’s father can not provide financial support to her or her two-year-old without being subject to federal charges of providing material support to terrorism.

A lawyer for Muthana reportedly told Buzzfeed that an appeal is likely.

The ruling came days after NBC News featured the “ISIS bride” in a new exclusive. In that latest report, which was mocked by PJ Media, Muthana asserted that every American of faith must support her return, claiming, “Anyone that believes in God believes that everyone deserves a second chance, no matter how harmful their sins were.”

That report also outlined that a return to live in Hoover was still Muthana’s goal.

“I want my son to be around my family, I want to go to school, I want to have a job and I want to have my own car,” she told NBC.

Senator Doug Jones (D-AL) has previously advocated that Muthana be allowed to return to America.

Congressman Bradley Byrne (AL-01) disagreed with Jones’ position, saying, “Look, this is one of many ways that Doug Jones differs from the people – the vast majority of people – in the state of Alabama.”

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

9 hours ago

Roby presses VA officials on staffing issues at Alabama facilities — ‘My veterans are suffering’

U.S. Rep. Martha Roby (AL-02), a member of the House’s Military Construction, Veterans Affairs, and Related Agencies Appropriations Subcommittee, on Thursday participated in a hearing regarding the Office of Accountability and Whistleblower Protection’s failures at the Department of Veterans Affairs (VA).

Roby questioned Michael J. Missal — inspector general of the VA — and Dr. Tamara Bonzanto — the assistant secretary for accountability and whistleblower protection of the VA.

In her questioning and remarks, Roby highlighted the importance of whistleblowers in uncovering critical issues at Central Alabama Veterans Health Care System (CAVHCS) and the urgent need for staffing improvements within the VA system.

She specifically pressed the inspector general as to why the system is not seeing any internal change impacting the lives of Alabama’s tremendous veterans.

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Roby asked, “Is there a disconnect between the administration’s view of how the VA is operating and the IG’s reports on the issues, and is the administration doing enough to implement IG recommendations?”

She commented, “This [whistleblower] hearing is important because there are some VA facilities in this country that are working well and serving our veterans well. There are others that are not, and that happens to be the one in my district…There is a tremendous problem with our veterans even having the ability to be seen. …It’s just not getting better. …I continue to be so outraged and frustrated as to why this is not getting better…My veterans are suffering because of it.”

You can watch Roby’s full remarks here.

The southeast Alabama congresswoman has long been a vocal advocate for veterans and improving the VA system.

RELATED: Roby: ‘My name isn’t on the ballot in 2020, but I still have a few fights left in me — The VA remains at the top of my list’

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

11 hours ago

Alabama Policy Institute launches campaign to change state’s ‘dead last’ k-12 ranking

The Alabama Policy Institute (API) on Thursday launched the “#DeadLast Initiative” aimed at focusing elected officials and the public on Alabama’s recent ranking as having the nation’s lowest-ranked public education system.

The initiative includes the launch of DeadLast.org and an online video poking fun at the fact that Alabama is no longer even above Mississippi in its education ranking.

API is not just drawing attention to embarrassing problems — they are proposing tangible solutions.

Chief among the calls-to-action are for Alabama voters to pass Amendment One on the March 2020 primary ballot. The bipartisan proposal would be a historic overhaul of the state’s educational governance structure.

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In addition to outreach to elected officials, API is expected to invest significant time and resources into spreading the message to the public that Alabama must do a better job in educating our children, according to a press release.

“Alabama can no longer say ‘Thank God for Mississippi’,” API president Caleb Crosby said in a statement. “We are letting our children down and not preparing them for a productive life. API is going to do everything in our power to bring about change in the way we educate our children in Alabama – they deserve nothing less.”

API is also advocating for reforms such as the expansion of school choice through charter schools and scholarships; the wise use of tax dollars and not simply increasing spending for the sake of increasing spending; and reformulation of the teacher tenure system so that teacher performance and continual professional development are rewarded more than longevity.

API chief operations officer Carl Jones remarked that it is time to get away from a failing “status quo,” which he said is perfectly represented by the Alabama Education Association (AEA).

“Alabama’s worst in the nation ranking makes clear it’s high pastime we break the status quo in education in Alabama. No one more represents the same old same old as the Alabama Education Association,” Jones stated. “Unions have one goal – get the best deal for their members – that’s it. Our goal is to get the best deal for our children. We don’t want small shiny objects; we want, and our children need, real, aggressive reforms including an immediate expansion of school choice and reforming teacher tenure, among other things.”

API chief communications officer Joshua Pendergrass added, “It is simply unacceptable for Alabama to be number 52 in education – 52 out of 50 states – that means even Washington D.C. and the military are better educating their children than we are. We are committed to moving our state forward through smart, practical education reforms.”

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

11 hours ago

Auburn in the playoffs? Don’t count the Tigers out yet

You can surely call me wacky. You can surely call me unconventional. Just don’t call me Shirley. And after perusing this column, perhaps you will call me enlightened (I can only hope). Yes, I’m telling you that there’s a chance. That chance may be slim, but there’s a chance that the Auburn Tigers could soon find themselves in the College Football Playoffs.

Now, before you send me to my doctor, give me just a few minutes to make my case — my doctor can wait.

I’m here to tell you that if Auburn wins out, the Tigers could become the first-ever two-loss team that makes the four-team playoff field.

How in the name of Aubie can that happen? Here we go:

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The latest College Football Playoff poll has LSU, Ohio State, Clemson and Georgia holding the top four spots, with Alabama checking in at number five. While most of us agree that the Crimson Tide can sneak into the playoff field by winning out (Bama will need a big win over Auburn and then hope that LSU beats Georgia in the SEC Championship game), the Gus Bus also has a chance of motoring toward the final four by winning out.

So then, what do Auburn officials need to happen to make their case? They need Auburn to win the remaining games on the schedule: Should Auburn beat Georgia and then Alabama, the Tigers can boast of three wins over top-seven teams (Oregon, Georgia and Alabama). The Tigers can point to their strength of schedule, which currently ranks second in the nation behind LSU. But what about the two losses? The Tigers lost to 11th-ranked Florida by 11 points and #1-ranked LSU by three points — that’s not necessarily the playoff kiss of death.

What about all of those unbeaten and one-loss teams that are in the mix? An Auburn win this weekend would all but eliminate Georgia, and a win in the Iron Bowl would all but eliminate Bama, as a two-loss Auburn team would trump a two-loss Alabama team with the Tiger’s win over the Crimson Tide. But even if three of the playoff teams wind up being LSU, Ohio State and Clemson, how would Auburn sneak past the likes of Oregon, Oklahoma, Baylor, Utah or even Penn State (the Nittany Lions face Ohio State on the 23rd of this month)?

That’s easy, as the power of the SEC, strength of schedule and the ‘ole, “what have you done for me lately” syndrome would kick in (wins over Georgia and Alabama within weeks of one another would indeed be impressive). Oregon could be a wild card should Auburn win out, as the Ducks could claim that their only loss came at the hands of — you guessed it — Auburn.

The world of the College Football Playoffs goes through the Loveliest Village this weekend, as the Auburn-Georgia game is so big that Crimson Tide fans may find themselves rooting for Tua and friends. Remember, an Auburn win this weekend and then a convincing Iron Bowl win by Alabama would all but put the Crimson Tide in the playoffs.

Can the Auburn Tigers go all 2017 starting this weekend? Remember, the Tigers had two losses a few years back before beating Georgia and Bama. It could happen, and if it does, the Auburn family will once again remind the world that it should be respected. Could the Tigers make the playoffs? Most playoff sites are giving the Tigers a 13% chance of sneaking in. Thirteen percent odds are better than many, so yes, I’m saying there’s a chance. So get ready for another wild weekend of college football, as a game with huge ramifications will kick off at 2:37 p.m. CT at Jordan-Hare Stadium. And regardless of the game’s outcome, do me a favor: Don’t call me Shirley.

Rick Karle is a 24-time Emmy winning broadcaster and a special sports contributor to Yellowhammer News. He is also the host of the Huts and Nuts podcast.

12 hours ago

Fish added to Alabama creek to boost tourism

Hundreds of fish have been added to an Alabama creek as part of an ongoing effort to boost tourism.

Black Creek was restocked Tuesday with about 1,100 pounds of trout above Noccalula Falls by the Rainbow Fly Fishing Club, The Gadsden Times reported.

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The group also stocked 1,000 coppernose bluegill into the watershed in late March.

Rep. Craig Lipscomb (R-Rainbow City) is a member of the fishing club, and said they’re working with the city to fill a gap for activities at the falls in the winter months.

“We’re thinking about eco-tourism,” he said.

Lipscomb said trout fishing in Georgia brings in tens of millions of dollars for the state and Gadsden would benefit even from a fraction of that.

Georgia has about 4,000 miles of trout streams and they are managed by the state’s Department of Natural Resources.

Fly fishing for trout is expected to last beyond the winter months.

“They’re a cold-water fish but they’ll stick around into summer,” Lipscomb said.

He said the club plans to feed the fish to keep them in the upper part of the watershed instead of following Black Creek downstream into the Coosa.

Lipscomb said even in summer, the deeper part of the pools and shaded areas of the gorge will be habitats for the fish.

The trout will be stocked twice a year — once in November and once in February.

Fishing for trout requires a permit issued by Noccalula Falls Park as well as an Alabama State Fishing License.

Permits cost $9 per day or $11 for a three-day pass.

There are other limitations including dates for catch and release and only using fly rods, artificial lures and barb-less hooks.

More information can be found at www.flyfishgadsdenal.com.
 (Associated Press, copyright 2019)

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