The Alabama Constitution of 1901 is the nation’s longest constitution with 892 amendments, and 14 new amendments are to appear on the November 2016 general election ballot across the state.
The League of Women Voters of East Alabama, a non-partisan political organization designed to inform and encourage active participation in government, met last week to examine the 14 amendments included on the November 8th ballot.
Amendment One
A majority “yes” vote for amendment one would increase the number of Auburn University Board of Trustees from 14 to 16 by adding two at-large members to “enhance diversity.” The amendment would also adjust the terms of the trustees so that only three trustees could expire from the board in a single year.
The University of Alabama has a self-perpetuating board that decides who the trustees will be that succeed the current members, according to Carolyn Carr, a league member. Their board does not have to go through the state Legislature and Auburn University’s does.
The Auburn University board has been upset about this process for some time, Carr said.
“I spoke to several Auburn University trustees who said that ‘you can’t just have seven members go off your board and lose half of your board at once,’” Carr said.
A majority “no” vote will retain the current arrangement and organization of the board.
Amendment Two
A majority “yes” vote for amendment two would prohibit the state Legislature from using funds generated by the state parks for purposes other than the preservation of the state parks. If the state parks’ revenues surpass $50 million annually, only then could surplus funds be transferred to the General Fund.
The Legislature using money from the state parks fund absolutely devastated the state parks system in the last decade, Carr said.
Lee County Sheriff Jay Jones, who attended the forum, said he supports amendment two because in recent years state parks have had a very difficult time with funding, and they have had to close state parks around Alabama.
“Without the funding and without the money they simply would not be able to operate,” Jones said. “So, amendment two would be a good thing to have so we can ensure that future generations of people can enjoy these state parks.”
In addition, a “yes” vote would permit certain state park lands and facilities such as hotels, golf courses and restaurants to be operated by entities other than the Department of Conservation and Natural Resources.
Amendment Six
Alabama’s current constitution does not specify the number of votes required to remove someone from public office by impeachment.
A “yes” vote to amendment six will require a two-thirds vote of the Alabama Senate present to impeach elected officials.
In addition, a “yes” vote would change the list of officials subject to impeachment under the current constitution. The secretary of education will be removed from the list, because that office is not elected, instead, it is appointed by the governor.
Members of the State Board of Education, district attorneys and district court judges will be added to list of officials subject to impeachment.
This bill came before the Legislature almost two years ago, before the proposed impeachment of Governor Robert Bentley this year.
A majority “no” vote makes no change to the impeachment article of the current constitution.
Amendments Three, Four and Five
League President Kristen De La Fuente said the league couldn’t give support for specific amendments unless they have made a position on it. For instance, the league has no position on payday lending reform right now so they can’t speak for it or against it.
However, the state league has recommended support for amendments three, four and five based on what the state stands for, De La Fuente said.
Amendment three proposes a change to the existing process for deciding whether only the voters of the affected local community or the entire state should vote on a proposed constitutional amendment.
A “yes” vote would abolish the Local Constitutional Amendment Commission, which includes the governor, lieutenant governor, speaker of the House of Representatives, attorney general and the secretary of state, and leave the deciding vote only to the Legislature.
In order for a vote to occur only in the affected local county, the proposed amendment must receive approval of at least three-fifths of the Legislature.
A “yes” vote for amendment four would give county commissioners more legislative authority. For example, they could enact a limited range of local policies and programs, such as public transportation and safety on public roads, without receiving the approval of the state Legislature or county voters.
A “yes” vote for amendment five would combine Article III and Amendment 582 into the same part of the current constitution regarding the separation of power between the three branches of the state government.
Additionally, it would allow for modernization of the language used in Article III and Amendment 582, but not change the substance of the laws.
A “no” vote will result in amendments three, four and five remaining the same under the present constitution.
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