2018 General Election Alabama Constitutional Amendments
November 1, 2018
BALLOT STATEMENT FOR STATEWIDE AMENDMENT #1
"Proposing an amendment to the Constitution of Alabama of 1901, providing for certain religious rights and liberties; authorizing the display of the Ten Commandments on state property and property owned or administrated by a public school or public body; and prohibiting the expenditure of public funds in defense of the constitutionality of this amendment
Yes ( ) No ( )"
Our state constitution has strong language related to religious liberty, but this amendment makes clear that a person’s religious beliefs will have no effect on his or her civil or political rights. It also makes clear that the Ten Commandments may be displayed on public property so long as the display meets constitutional requirements, such as being displayed along with historical or educational items. Amendment 1 also provides that no public funds may be used to defend this amendment in court, so funds for its defense would have to come from private sources.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT #2
PROTECTING THE UNBORN
"Proposing an amendment to the Constitution of Alabama of 1901, as amended; to declare and otherwise affirm that it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, most importantly the right to life in all manners and measures appropriate and lawful; and to provide that the constitution of this state does not protect the right to abortion or require the funding of abortion.
Yes ( ) No ( )
Amendment 2 provides that it would be the public policy of the state to recognize and support the importance of unborn life and the rights of unborn children, including the right to life; and to protect the rights of unborn children. Additionally, the amendment would make clear that the state constitution does not include a right to abortion or require the funding of an abortion using public funds. This also may be considered to be a preemptive measure such that if or when Roe vs Wade is overturned and the issue returned to the states, this amendment would provide a legal framework for abortion to be declared illegal in Alabama.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT #3
UNIVERSITY OF ALABAMA
"Proposing an amendment to the Constitution of Alabama of 1901, relating to the Board of Trustees of the University of Alabama, to specify that the congressional districts from which members are appointed continue to reflect those as constituted on January 1, 2018, to remove the State Superintendent of Education from membership, and to delete the requirement that members vacate office at the annual meeting of the board following their seventieth birthday.”
Yes ( ) No ( )
Under current law, the University of Alabama Board of Trustees is composed of 16 people: three members from the congressional district in which the Tuscaloosa campus is located, two members from each of the other six congressional districts in the state, the Governor, and the State Superintendent of Education. So, if the number of congressional districts in Alabama increased or decreased in the future, the number of trustees would also increase or decrease. Additionally, other than the Governor and the State Superintendent of Education, current law requires a trustee to retire from the board following his or her seventieth birthday.
Amendment 3 does three things. First, it provides that the board will be composed of members from congressional districts as those districts existed on January 1, 2018, meaning any future changes to the number of congressional districts in Alabama would not impact the number of board members. Second, it removes the State Superintendent of Education from automatically having a seat on the board. Third, it allows a trustee to serve after his or her seventieth birthday.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT #4
"Proposing an amendment to the Constitution of Alabama of 1901, to provide that, if a vacancy in either the House of Representatives or the Senate occurs on or after October 1 of the third year of a quadrennium, the seat would remain vacant until a successor is elected at the next succeeding general election.”
Yes ( ) No ( )
Under current law, members of the state legislature are elected to four-year terms of office that begin and end on Election Day in November. This four-year period is known as a quadrennium. When a person who was elected to serve in the state legislature is unable to complete his or her term, a vacancy is created. When this vacancy occurs, the Governor is required to schedule a special election. The winner of the special election fills the vacancy for the rest of the term.
Amendment 4 provides that when a vacancy occurs in the state legislature on or after October 1 of year three of the four-year term, the seat will remain vacant until the next general election, which occurs in November of the fourth year of the term.
The practical application of this amendment is that if a special election is called after October 1, by the time the Governor calls the election, the party qualification process takes place, the primary elections are held and then the general election is held, the winner would not be in office until the last days of the session or even after the Legislative session is over for the 4th year of the quadrennium, then the whole process , must be repeated for the upcoming November election. Thus, this amendment would save the state the costs of these special elections.