COMPILED BY MICHELLE KEY
MICHELLE@OPELIKAOBSERVER.COM
ALABAMA —
The following information is from the Alabama Secretary of State website, www.sos.alabama.gov/alabama-votes/voter/ballot-measures/statewide.
These are the ballot statments for each of the 10 proposed amendments that will be on the ballots for the November general election.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 1: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2021-201 (House Bill 131, 2021 Regular Legislative Session) Bill Sponsor: Representative Brown (C) Cosponsors: Representatives Stringer, Wilcox, Lovvorn, Estes, Oliver, Robertson, Simpson, Sells, Treadaway, Collins, Sullivan, Ellis, Blackshear, Whitt, Moore (P), Kitchens, Pettus, Ball, Wheeler, Marques, Gaston, Sorrells, Baker, Reynolds, Allen and Shedd “Proposing an amendment to Section 16 of the Constitution of Alabama of 1901, now appearing as Section 16 of the Official Recompilation of the Constitution of Alabama 1901, as amended, to create Aniah’s Law, to provide that an individual is entitled to reasonable bail prior to conviction, unless charged with capital murder, murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual torture, domestic violence in the first degree, human trafficking in the first degree, burglary in the first degree, arson in the first degree, robbery in the first degree, terrorism when the specified offense is a Class A felony other than murder, and aggravated child abuse of a child under the age of six.” Proposed by Act 2021-201. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the first constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 1.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment will change Section 16 of the Alabama Constitution. Currently, Section 16 provides that before a person is convicted they shall be granted bail, except for a capital offense, and that a person shall not have to pay excessive bail in any case. This amendment will change Section 16 to add crimes for which bail can be denied, to include murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, sexual torture, domestic violence in the first degree, human trafficking in the first degree, burglary in the first degree, arson in the first degree, robbery in the first degree, terrorism, and aggravated child abuse of a child under the age of six. If the majority of the voters vote “yes” on Amendment 1, Section 16 of the Alabama Constitution will be changed. If the majority of the voters vote “no” on Amendment 1, Section 16 of the Alabama Constitution will not be changed. There are no costs to Amendment 1. The Constitutional authority for passage of Amendment 1 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 2: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2022-117 (House Bill 255, 2022 Regular Legislative Session) Bill Sponsor: Representative Shedd “Proposing an amendment to the Constitution of Alabama of 1901, to authorize the state, a county, or a municipality to grant federal award funds or any other source of funding designated for broadband infrastructure by state law to public or private entities for providing or expanding broadband infrastructure.” Proposed by Act 2022-117 This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the second constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 2.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment will make clear that the state, a county, or a city/town may grant federal funds or other state funding to any public or private organization to expand access to high-speed Internet (broadband). If the majority of the voters vote “yes” on Amendment 2, it will be clear that the state, a county, or a city/town will be allowed to grant federal funds or other state funding to any public or private organization to expand access to high-speed Internet (broadband). If the majority of the voters vote “no” on Amendment 2, the state, a county, or a city/town may not be allowed to grant federal funds or other state funding to any public or private organization to expand access to high-speed Internet (broadband). There are no costs to Amendment 2. The Constitutional authority for passage of Amendment 2 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 3: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2022-256 (Senate Bill 196, 2022 Regular Legislative Session) Bill Sponsor: Senator Livingston Cosponsor: Senator Givhan “Proposing an amendment to the Constitution of Alabama of 1901, to require the Governor to provide notice to the Attorney General and to the victim’s family prior to granting a reprieve or commutation to a person sentenced to death, and to void the reprieve or commutation if the Governor fails to provide notice.” Proposed by Act 2022-256. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the third constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 3.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. Currently, the Governor has the power to postpone or reduce a death sentence to life in prison. This amendment will require the Governor to notify the Attorney General and the victim’s family before postponing or reducing a death sentence. Failure of the Governor to provide notice will void the Governor’s action and allow the Attorney General to seek a new execution date from the Alabama Supreme Court. If the majority of the voters vote “yes” on Amendment 3, the Governor will be required to provide notice to the Attorney General and to the victim’s family prior to postponing or reducing a death sentence to life in prison. If the majority of the voters vote “no” on Amendment 3, the Governor will not be required to provide notice. There are no costs to Amendment 3. The Constitutional authority for passage of Amendment 3 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 4: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2021-284 (House Bill 388, 2021 Regular Legislative Session) Bill Sponsor: Representative Carns Cosponsor: Representatives Mooney, Drake, Standridge, Wingo, Garrett, Faulkner, Farley and Treadaway “Proposing an amendment to the Constitution of Alabama of 1901, as amended; to provide that the implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election.” Proposed by Act 2021-284. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the fourth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 4.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment requires any bill passed by the state legislature during an election year which affects how a general election is held must take effect at least six months before the general election. If the majority of the voters vote “yes” on Amendment 4, any bill passed by the state legislature during an election year which affects how a general election is held must take effect at least six months before the general election. If the majority of the voters vote “no” on Amendment 4, any bill passed by the state legislature which affects how the general election is held can take effect any time before the general election. There are no costs to Amendment 4. The Constitutional authority for passage of Amendment 4 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 5: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2021-202 (Senate Bill 68, 2021 Regular Legislative Session) Bill Sponsor: Senator Barfoot “Proposing an amendment to the Constitution of Alabama of 1901, to delete a provision giving the probate court of each county general jurisdiction over orphans’ business.” Proposed by Act 2021-202. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the fifth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 5.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. If the majority of the voters vote “yes” on Amendment 5, the outdated words “orphans’ business” will be removed from the Alabama Constitution. If the majority of the voters vote “no” on Amendment 5, the outdated words “orphans’ business” will remain in the Alabama Constitution. There are no costs to Amendment 5. The Constitutional authority for passage of Amendment 5 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 6: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2021-327 (House Bill 178, 2021 Regular Legislative Session) Bill Sponsor: Representative Ball “Proposing an amendment to the Constitution of Alabama of 1901, as amended, each municipality authorized under Amendment No. 8 to the Constitution of Alabama of 1901, now appearing Section 216.01 of the Recompiled Constitution of Alabama of 1901, as amended, to levy and collect the ad valorem tax pursuant to Amendment No. 8 for the purpose of paying bonds and the interest thereon, and may also levy and collect such ad valorem tax and utilize such funds for capital improvements on a pay-as-you-go basis at a rate not exceeding the rate then lawfully permitted for the municipality to directly pay the costs of public capital improvements, as well as to pay the principal and interest on bonds, warrants, or other securities issued to finance or refinance the costs of the improvements; and to ratify, validate, and confirm the levy and collection of such tax levied and collected for any of these purposes prior to the ratification of this amendment.” Proposed by Act 2021-327. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the sixth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 6.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment provides that cities/towns already allowed to collect a special property tax may use those tax dollars to directly “pay-as-you-go” for construction projects instead of going into debt. If the majority of the voters vote “yes” on Amendment 6, “pay-as-you-go” will be allowed. If the majority of the voters vote “no” on Amendment 6, “pay-as-you-go” will not be allowed. There are no costs to Amendment 6. The Constitutional authority for passage of Amendment 6 is set forth in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 7: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2022-286 (House Bill 458, 2022 Regular Legislative Session) Bill Sponsor: Representative Sorrells “Proposing an amendment to revise Amendment 772 to the Constitution of Alabama of 1901, as amended, to specify that all counties and municipalities may exercise the authority and powers granted by Amendment 772 to provide for economic and industrial development; to permit notice for Amendment 772 projects to be published in any newspaper in circulation in the county or municipality; and to ratify all actions and agreements of any county or municipality done under Amendment 772 unless subject to pending judicial proceedings on the date of adoption of this amendment.” Proposed by Act 2022-286. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the seventh constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 7.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. Currently, the Alabama Constitution provides that some counties and cities/towns may use public funds to sell public property, lend their credit, or become indebted for economic development purposes. Amendment 7 will give all counties and cities/towns those same powers. Currently, the governing body is required to give notice of its proposed action in the newspaper having the largest circulation in the county or city/town. Amendment 7 will allow the public notice to be given in any newspaper in circulation in the county or city/town. If the majority of the voters vote “yes” on Amendment 7, the Alabama Constitution will be changed. If the majority of the voters vote “no” on Amendment 7, the Alabama Constitution will not be changed. There are no costs to Amendment 7. The Constitutional authority for passage of Amendment 7 is set forth in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 8: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2021-199 (Senate Bill 74, 2021 Regular Legislative Session) Bill Sponsor: Senator Waggoner “Relating to Shelby County, proposing an amendment to the Constitution of Alabama of 1901, to bring certain privately owned sewer systems that use public rights-of-way of public roads under the jurisdiction of the Public Service Commission under certain conditions.” Proposed by Act 2021-199. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the eighth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 8.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment applies only to Shelby County. If the majority of the voters vote “yes” on Amendment 8, certain privately owned sewage treatment plants in Shelby County will be regulated by the Alabama Public Service Commission. If the majority of the voters vote “no” on Amendment 8, certain privately owned sewage treatment plants in Shelby County will not be regulated by the Alabama Public Service Commission. There are no costs to Amendment 8. The Constitutional authority for passage of Amendment 8 is set forth in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 9: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2022-288 (House Bill 148, 2022 Regular Legislative Session) Bill Sponsor: Representative Wingo “Relating to Jefferson County and Tuscaloosa County, proposing an amendment to the Constitution of Alabama of 1901, to bring certain privately owned sewer systems that use public rights-of-way of public roads in the city limits of Lake View under the jurisdiction of the Public Service Commission, beginning January 1, 2023 and ending December 31, 2027.” Proposed by Act 2022-288. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the ninth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 9.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment applies only to the Town of Lake View in Tuscaloosa and Jefferson Counties. If the majority of the voters vote “yes” on Amendment 9, certain privately owned sewage treatment plants in the Town of Lake View in Tuscaloosa and Jefferson Counties will be regulated by the Alabama Public Service Commission. If the majority of the voters vote “no” on Amendment 9, certain privately owned sewage treatment plants in the Town of Lake View in Tuscaloosa and Jefferson Counties will not be regulated by the Alabama Public Service Commission. There are no costs to Amendment 9. The Constitutional authority for passage of Amendment 9 is set forth in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.
BALLOT STATEMENT FOR STATEWIDE AMENDMENT 10: (1) The text of the statewide ballot measure, including sponsors, cosponsors, and the text of the question that will appear on the statewide ballot: Proposed by Act No. 2022-177 (House Bill 319, 2022 Regular Legislative Session) Bill Sponsor: Representative Coleman Cosponsors: Representatives McCutcheon, Daniels, Garrett, Robbins and Drummond “Proposing an amendment to the Constitution of Alabama of 1901, to authorize the Code Commissioner, contingent upon the ratification of an official Constitution of Alabama of 2022, to renumber and place constitutional amendments ratified before or on the same day as the Constitution of Alabama of 2022, based on a logical sequence and the particular subject or topic of the amendment, and to provide for the transfer of existing annotations to any section of the Constitution of Alabama of 1901, to the section as it is numbered or renumbered in the Constitution of Alabama of 2022.” Proposed by Act 2022-177. This description shall be followed by the following language: “Yes ( ) No ( ).” (2) A summary of and the text of any implementing legislation directly related to the statewide ballot measure: There is no implementing legislation directly related to this statewide ballot measure. (3) The placement of the statewide ballot measure on the statewide ballot: This proposed Constitutional Amendment will appear on the Ballot after election of federal offices, statewide offices, local offices, the Proposed Constitution of Alabama of 2022 and will be the tenth constitutional amendment for voter consideration. The proposed Constitutional Amendment will be listed as “Statewide Amendment 10.” (4) A plain language summary of the statewide ballot measure, which shall include, at a minimum, the legal or constitutional authority for its passage, the effect of the statewide ballot measure if it is passed, including its cost and source of funding, and the effect of the statewide ballot measure if it is defeated. This amendment depends upon the approval of the official Constitution of Alabama of 2022. This amendment provides that any new amendments will be properly organized. This amendment will not change any court decision related to any provision of the previous Alabama Constitution. If the majority of the voters vote “yes” on Amendment 10 and the Constitution of Alabama of 2022 is approved, any new amendments will be properly organized into the new state constitution. If the majority of the voters vote “no” on Amendment 10, any new amendments on this ballot will not be automatically added to the new state constitution. There are no costs to Amendment 10. The Constitutional authority for passage of Amendment 10 is set forth in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.