WHAT YOU NEED TO KNOW ABOUT THE AMENDMENTS
CONSTITUTIONAL AMENDMENT – ALABAMA CONSTITUTION OF 2022
Proposing adoption of the Constitution of Alabama of 2022, which is a recompilation of the Constitution of Alabama of 1901, prepared in accordance with Amendment 951, arranging the constitution in proper articles, parts, and sections, removing racist language, deleting duplicated and repealed provisions, consolidating provisions regarding economic development, arranging all local amendments by county of application, and making no other changes. (Proposed by Act 2022-111)
A YES vote supports ratifying the Constitution of Alabama of 2022, an updated and recompiled state constitution that was drafted to do the following:
arrange it in proper articles, parts, and sections;
remove all racist language;
delete duplicative and repealed provisions;
consolidate provisions regarding economic development; and
arrange all local amendments by county of application.
A NO vote opposes adopting the proposed recompiled and updated state constitution.
STATEWIDE AMENDMENT #1 – THE ALLOW DENIAL OF BAIL FOR OFFENSES BY STATE LEGISLATURE AMENDMENT
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)
A YES vote supports authorizing the state legislature to specify in-state law offenses for which bail may be denied (including murder, kidnapping, rape, assault, and more).
A NO vote opposes authorizing the state legislature to specify in-state law offenses for which bail may be denied.
STATEWIDE AMENDMENT #2 – THE BROADBAND INTERNET INFRASTRUCTURE FUNDING AMENDMENT
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)
A YES vote supports allowing the state and local governments to grant federal awards funds or other state-designated broadband funds to public or private entities to provide or expand broadband internet infrastructure.
A NO vote opposes allowing the state and local governments to grant federal awards funds or other state-designated broadband funds to public or private entities to provide or expand broadband internet infrastructure.
STATEWIDE AMENDMENT #3 – THE NOTICE TO VICTIM’S FAMILY REQUIRED FOR COMMUTATION OR REPRIEVE OF DEATH SENTENCES AMENDMENT
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)
A YES vote supports requiring the governor to provide notice to the attorney general and the victim's family before granting a commutation or reprieve of a death sentence.
A NO vote opposes requiring the governor to provide notice to the attorney general and the victim's family before granting a commutation or reprieve of a death sentence.
STATEWIDE AMENDMENT #4 – THE PROHIBIT CHANGES TO ELECTION CONDUCT LAWS WITHIN SIX MONTHS OF GENERAL ELECTIONS AMENDMENT
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)
A YES vote supports requiring that any legislation changing the conduct of a general election must be implemented at least six months before the next affected general election.
A NO vote opposes requiring legislation changing the conduct of a general election to be implemented at least six months before the next affected general election.
STATEWIDE AMENDMENT #5 – THE REMOVE ORPHAN’S BUSINESS FROM PROBATE COURT JURISDICTION AMENDMENT
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)
A YES vote supports removing orphans' business from the jurisdiction of county probate courts.
A NO vote opposes removing orphans' business from the jurisdiction of county probate courts.
STATEWIDE AMENDMENT #6 – THE AUTHORIZE CERTAIN CITIES TO USE SPECIAL PROPERTY TAX REVENUE TO PAY FOR CAPITAL IMPROVEMENTS DIRECTLY AMENDMENT
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)
A YES vote supports amending the state constitution to allow certain cities that were previously authorized to pass a special property tax to pay for bonds or other forms of debt to fund capital improvements to instead use the tax revenue to pay for capital improvements directly and to validate previous such use.
A NO vote opposes this measure to allow certain cities that were previously authorized to pass a special property tax to pay for bonds or other forms of debt to fund capital improvements to instead use the tax revenue to pay for capital improvements directly and to validate previous such use.
STATEWIDE AMENDMENT #7 – THE LOCAL ECONOMIC AND INDUSTRIAL DEVELOPMENT BONDS AND FINANCING AMENDMENT
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)
A YES vote supports changing the requirements for counties and municipalities to provide for financing economic and industrial development through the use of public funds, issuing bonds, and leasing property or lending bonds to a private entity, including exempting local governments from seeking voter approval for issuing bonds unless the bond issue includes a repayment provision such as a tax increase.
A NO vote opposes changing the requirements for counties and municipalities to provide for financing economic and industrial development through the use of public funds, issuing bonds, and leasing property or lending bonds to a private entity and maintaining that local governments must obtain voter approval to issue bonds.
STATEWIDE AMENDMENT #8 – THE PUBLIC SERVICE COMMISSION TO REGULATE PRIVATE SEWER SYSTEMS IN SHELBY COUNTY AMENDMENT
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)
A YES vote supports having the state Public Service Commission regulate privately owned sewer systems and plants, including their rates and charges, in Shelby County, Alabama.
A NO vote opposes having the state Public Service Commission regulate privately owned sewer systems and plants, including their rates and charges, in Shelby County, Alabama.
STATEWIDE AMENDMENT #9 – THE PUBLIC SERVICE COMMISSION TO REGULATE PRIVATE SEWER SYSTEM IN LAKE VIEW AMENDMENT
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)
A YES vote supports having the state Public Service Commission regulate privately owned sewer systems and plants in Lake View, Alabama, from 2023 through 2027.
A NO vote opposes having the state Public Service Commission regulate privately owned sewer systems and plants in Lake View, Alabama, from 2023 through 2027.
STATEWIDE AMENDMENT #10 – THE INCORPORATE VOTER-APPROVED AMENDMENTS IN NEW STATE CONSTITUTION MEASURE
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)
A YES vote supports authorizing the Code Commissioner to incorporate voter-approved constitutional amendments at the May 24 and November 8 elections into the new state constitution if the ratification question is also approved.
A NO vote opposes authorizing the Code Commissioner to incorporate voter-approved constitutional amendments at the May 24 and November 8 elections into the new state constitution if the ratification question is approved.
LOCAL AMENDMENTS
AUTAUGA COUNTY LOCAL AMENDMENT:
Relating to Autauga County, proposing an amendment to the Constitution of Alabama of 1901, to provide for the levy and collection of a special public school district ad valorem tax in a special school tax district composed of the Central and Daniel Pratt school zones in the county and to provide for the use of the proceeds for public school purposes in the special school tax district where levied. (Proposed by Act 2022-287)
MONTGOMERY COUNTY LOCAL AMENDMENTS:
LOCAL AMENDMENT #1:
Relating to Montgomery County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the Judge of Probate of Montgomery County would be required to be an attorney licensed in this state and to authorize the Judge of Probate of Montgomery County to exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Montgomery County if the Judge of Probate is an attorney licensed to practice law in the State of Alabama. (Proposed by Act 2021-119)
LOCAL AMENDMENT #2:
Relating to Montgomery County, proposing an amendment to the Constitution of Alabama of 1901, to allow mayors to participate in the Employees' Retirement System. (Proposed by Act 2022-257)