Election 2022: A comprehensive guide to the Alabama Constitutional Amendments

Tomorrow, unlike swing states like Georgia, Pennsylvania, and Arizona, it’s safe to say that the results of all statewide offices will be a foregone conclusion in Alabama. Alabama Daily News polling, released last week confirmed that republican candidates were favored in the state with 62.4 favorability. (Polling that was subsequently ripped off by AL.Com, who reproduced it in its entirety, without permission from behind the ADN Inside Alabama Politics paywall.) According to Secretary of State John Merrill as many as 45-50% of eligible voters are expected to turn out.

In addition to statewide offices and legislative races, there will also be a vote on a new recompiled Constitution and ten new constitutional amendments. Here’s a brief look at those constitutional changes on the ballot with summaries from the Associated Press, The Alabama Policy Institute (API), and other sources. If you’re looking to verify your polling place or are looking for sample ballots you can visit AlabamaVotes.gov for you can also find the Fair Election Commission detailed summaries of at this link on the Secretary of State website.

Ratification of the Constitution of Alabama of 2022

The Fair Ballot Commission describes this saying, “The Constitution of Alabama of 2022 will only do the following: (1) rearrange the constitution so that similar subjects are located together; (2) remove racist language; (3) delete repeated or repealed portions/language; (4) place all amendments which deal with economic development together; and (5) arrange local amendments by county.

The reorganized constitution will make no changes other than those listed above and will not make any changes relating to taxes.”

The recompiled document deletes racist language and repealed provisions. It also reorganizes the sprawling document and makes it more user-friendly. The Alabama 1901 Constitution is the longest constitution in the country.

This ratification comes

Amendment One:

The Fair Ballot Commission describes this by saying, “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.”

Amendment one would create Aniah’s Law, which would limit bail for individuals accused of specified violent crimes. It is named after Aniah Blanchard, who was murdered by a man out on bond for attempted murder.

API stated, “While the sentiment for ratifying the law is understandable, it does raise due process concerns for those accused, but not yet convicted, of crimes.”

Governor Kay Ivey and Attorney General Steve Marshall urged voters to vote yes for Aniah’s law.

Marshall stated, “Aniah’s Law—which you will find on your ballot as Amendment 1—amends the state constitution to allow judges the discretion to deny bond to violent criminals like Aniah’s murderer. So, on Tuesday, be sure to vote “yes” on Amendment 1, which will keep dangerous criminals off the street and the public out of harm’s way. And thank you to Aniah’s family for leading the charge to make Alabama a safer place.”

Apryl Marie Fogel, Alabama Today’s publisher and host of Straight Talk with Apryl Marie on News Talk 93.1 FM, said, “Voting yes on Amendment 1 is a no-brainer! This amendment gives judges the ability to use their discretion to deny bail to those who have no business out on our streets. It doesn’t say they must stay in jail, but it says that a judge has the discretion to keep them there. Imagine being a victim or the loved one of a victim of a violent crime, knowing that the person responsible is back out on the street immediately. That’s unacceptable. One of the few responsibilities of government is to ensure public safety. That’s what this does and why we should pass it.”

John Eidsmoe and Roy Moore expressed their concerns about the proposed law.

“I feel terrible about what happened to Anaiah Blanchard,” Moore said. “But that is not a reason to go and change the constitution.”

The Southern Poverty Law Center opposes this amendment telling AL.Com that it could lead to people who are not yet convicted of a crime “languishing in Alabama’s jails for years at a time.” 

Amendment Two:

Amendment two would allow the state, county, and municipal governments to spend federal stimulus funding through grants for broadband infrastructure projects. The state has already allocated money for this purpose.

API stated, “The primary concern with this amendment is that Alabama needs it for local governments to be able to spend the money for its authorized purpose in the first place.

The state should not control the ability of local governments to spend already allocated money for its intended purpose.”

Moore and Eidsmoe said that they are strongly opposed to both Amendments 2.

Amendment three would require the Governor to notify the state Attorney General and a victim’s family before postponing or commuting a death sentence.

Because then Governor Fob James was hesitant to execute a woman, in 1999, he commuted the death sentence of convicted murderer Judith Ann Neeley before he left office. The family of 13-year-old Lisa Millican, who was brutally raped and murdered by Mrs. Neeley and her husband, were outraged by Gov. James’ actions. This amendment is the Legislature’s response to that decision over twenty years ago.

API has no concerns with this amendment.

Amendment four to the constitution would require that any law impacting a general election be passed at least six months before the election.

API stated, “A potential concern with this amendment is that it could limit the Legislature’s ability to make a necessary change to election law if unexpected circumstances arise less than six months before the next election. It comes down to a question of do you have faith in the government to use this power responsibly, or would you rather them not have the power at all?”

Former state representative and current Jefferson County GOP Chairman Paul DeMarco urged voters to support this amendment, stating, “Just as in football, the rules of the game should not be changed while they are playing. Election laws should be no different so voters have confidence in the integrity of the results. It is not fair to candidates or voters when the law governing access to the ballots are altered so close to the days the polls open.”

Amendment five deletes outdated language related to the county probate court’s authority over “orphans’ business.” The amendment only removes the wording. Judges would continue to handle adoptions and guardianships.

API has no concerns with this amendment.

Amendment six would allow towns that are already permitted to collect a special property tax to use those dollars to directly pay for construction projects instead of incurring new debt. This amendment says cities and towns that collect a special property tax may use those tax dollars to directly “pay-as-you-go” for construction projects instead of going into debt.

The Authorize Certain Cities to Use Special Property Tax Revenue to Pay for Capital Improvements Directly Amendment was sponsored by State Rep. Mike Ball.

API stated, “The question is not about whether local governments should have that power, but why do they need a statewide constitutional amendment to do it, and why is the Alabama Legislature controlling how local property tax assessments are spent? This is another example of the need for local governments and citizens to have greater autonomy in how local tax dollars are allocated.”

Conversely, amendment seven would give more power to local government. It would clarify all local governments, not just some, can use public funds to sell public property, lend their credit, or become indebted for economic development purposes.

API stated, “This is a victory for city and county governments statewide.

API has concerns about Amendments eight and nine. They would give jurisdiction of privately owned sewer systems in Shelby, Tuscaloosa, and Jefferson counties to the Public Service Commission (PSC). There are undoubtedly problems with the privately owned sewer systems in each county, but if these amendments are adopted, the local authorities will, in essence, be turning to the state to fix those problems and relinquishing their own authority.

API stated, “While the PSC may be able to provide enhanced oversight and ensure better business practices, taking over regulation of the system will come at a cost. To cover PSC compliance costs, a rate hike will likely be in order. It should be a decision made by the impacted communities, not all statewide voters. Amendments eight and nine give more power to state government.”

Amendment ten, if the reorganized 2022 constitution and all ten amendments are adopted, would incorporate those amendments in a logical position within the new constitution instead of appearing as a separate list at the end of the document. This is a companion amendment to the ratification vote. If the new constitution is ratified, it will allow any new amendments to be placed within the document, instead of just listed at the end.

API has no concerns with this amendment.