State Amendments explained

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Does the language of the amendments listed on the Nov. 3 ballot make you see cross-eyed? The legal jargon of those paragraphs is not meant to be easily consumed by voters. Instead the precise language limits the interpretation of the law once it is ratified.

This means all of us without a law degree need to do a little research before we head to the polls. Here are each of the state amendments and how they impact Alabama.

Amendment 1

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

What it says: 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.

Vote yes or no

What it means:

The Alabama state constitution grants the right to vote to U.S. citizens in Alabama. This amendment does not change those requirements. If the amendment passes it changes the Alabama constitution to say “only” those who meet requirements can vote rather than “every” citizen can vote. If the amendment passes it could allow the legislature to limit who is allowed to vote in future elections, even if they are U.S. citizens and residents of Alabama. This amendment has no practical purpose and would cause all U.S. citizens in Alabama to lose the state constitutional protection of their voting rights.

Amendment 2

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

What is says:

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.

Vote yes or no.

What it means:

This amendment proposes six housekeeping changes to the state’s judicial system. Very basically, it does the following:

Provides that county district courts do not have to hold city court in a city with a population of less than 1,000. Those cases can be heard in regular district court in the county seat.

Allows the whole Alabama Supreme Court, rather than just the chief justice, to appoint the Administrative Director of Courts.

Increases the Judicial Inquiry Commission membership from nine to 11. This is the group that evaluates ethics complaints filed against judges.

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

Ends the practice of automatically suspending a judge when a misconduct investigation is begun.

Changes the way judges are removed from the bench. Currently judges can be removed through the commission or impeached and removed by the Alabama Legislature. If this amendment passes, only the commission could remove judges.

Amendment 3

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

What is says:

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.

Vote yes or no

What it means

When a judge dies, resigns, retires or removed from the bench, current another judge is appointed to fill that vacancy. The appointed judge serves for one year and then must enter the next election and win that seat to stay on the bench. This amendment gives the appointed judge two years on the bench before they face an election. 

Amendment 4

What is says:

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.

Vote yes or no

What it means: This amendment would charge the Legislative Services Agency with recompiling the document. Amendments would be grouped by the counties they affect. Racist language and unconstitutional sections would be removed. That recompiled constitution would then go before the state legislature. If approved, the revised constitution would be put before voters for possible adoption.

Amendment 5

What is says:

Relating to Franklin County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions.

What is means:

Alabama’s current “Stand Your Ground” law allows a person to legally use physical force against another person under certain conditions. The law does not require the person to retreat before using physical force.

If a majority of voters in Alabama vote “yes” on Amendment 5, and if, in addition, a majority of voters in Franklin County vote “yes” on Amendment 5, the state constitution would contain a special “Stand Your Ground” law that applies to churches in Franklin County only.

If a majority of voters in Alabama vote “no” on Amendment 5, or, if a majority of voters in Franklin County vote “no” on Amendment 5, the state constitution would not contain a special “Stand Your Ground” law that applies to churches in Franklin County.

Amendment 6

What is says:

Relating to Lauderdale County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person is not liable for using deadly physical force in self-defense or in the defense of another person on the premises of a church under certain conditions.

What it means:

This deals with the same issue as Amendment 5 and applies only to Lauderdale County. The Alabama Stand Your Ground law already covers churches across the entire state, but this amendment would put language into the Alabama Constitution applying it to churches specifically in those two counties.  Churches and private businesses could still ban guns from their properties if they chose to.