Alabama voters adopted a revised and reorganized Constitution in 2022.

However, the “new” Constitution preserved the fundamental attitudes and mechanics of the previous Constitution.

Adopted in 1901, that constitution was designed for an agrarian state, strictly limiting government power to tax land. It forbade the state from engaging in “internal improvements” and disenfranchised blacks and poor whites. Some of those provisions were loosened through amendments over time. Others were found unconstitutional and struck down by the federal courts.  

But one of the essential elements remains its concentration of power in the state government, the Legislature in particular.

Local governments were granted only the powers the Legislature or the Constitution explicitly permitted.

The ruling elite of the time looked with disdain at local government officials. Thomas L. Bulger of Dadeville, a delegate to the Constitutional Convention of 1901, expressed the prevailing attitude during the constitutional debates:

“No gentleman on this floor will contend that his Commissioners’ Court at home is more capable of legislating for the people of his county than the General Assembly, composed of 100 select men,” Bulger said.

And thus, to this day, a sizeable portion of the state Legislature’s business pertains to matters that are specific to particular counties or cities, not the state itself.

More than 35,000 local laws govern everything from local taxes to whether a sheriff’s deputy can keep his gun and badge upon retirement. Over time, in a confusing and convoluted process, the Constitution was amended over 1,000 times to meet the needs of modern life, swelling the document into the longest state constitution in the nation. It is believed to be the world’s longest constitution, and even with the 2022 reorganization, it will continue to grow.

The bulk of the state’s fundamental law is now made up of exceptions and exemptions to the general framework and principles a constitution is supposed to enumerate. Two-thirds of Alabama’s constitutional amendments apply to individual cities and counties. In effect, every county has its own version of the Constitution. And counties and cities still must ask the Legislature for the tools they need to manage basic affairs.

In many ways, though, the lack of home rule in Alabama reflects how Alabamians feel about government. They want limited government. They want limits on taxation. They do not trust governments to carry out their wishes. And they want to be left alone.

That is, until they demand that government step in and solve a problem. And, often, that requires a trip to Montgomery.

The balance of power and responsibility between state and local officials is an eternal struggle.

In the 1901 debates, Bulger was answered by John A. Rogers of Gainesville in Sumter County, who asked:

“Why is it that these people can select such fine representatives to the Legislature, and yet it is feared that they won’t be able to select satisfactory County Boards to handle these matters?”

Perhaps in the 21^st century, it is time to revisit Roger’s thoughts and consider whether the same voters who elect Alabama legislators to enact state policy can be trusted to vote for local officials from their own communities who will reflect citizen wishes on local matters.

Read the full report here: The Government Closest to the People? The Statehouse, the Courthouse and City Hall.

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This report is one of a series of reports examining Alabama’s current constitutional framework, identifying remaining obstacles to a modern constitution and possible paths forward in areas such as education, economy, healthcare, democracy, liberty & justice, finances, and related areas.

The project is supported, in part, by the Alabama Citizens for Constitutional Reform (ACCR). Both ACCR and PARCA are nonpartisan organizations, and our members and supporters are Republicans, Democrats, and independents. Former Governor Albert Brewer and former Samford University President Thomas Corts, both deceased, were founding leaders in both organizations.

Alabama tax revenues continue to trend toward more normal patterns after a wild post-pandemic ride. The Education Trust Fund, powered by state income and sales taxes, grew modestly, collecting 2.2% more than the previous year. Meanwhile, growth in the General Fund cooled but still posted an unusually high increase of 7%, boosted by high interest earned on state deposits and continued growth in tax revenue from online sales, insurance, and property taxes.

The General Fund (GF) supports non-education spending, while the Education Trust Fund (ETF) supports spending on K-12 schools, colleges and universities. From FY 2021 through FY 2023, the two funds saw unusual surges of growth related to post-pandemic economic conditions and shifting patterns of consumption.

In 2024, the GF maintained its winning streak. Thanks to budget surpluses, replenished stockpiles of rainy day reserves, and federal relief and investment funds deposited in state accounts, Alabama has a growing body of cash in its accounts, which earn interest. At the same time, interest rates have stayed high as the Federal Reserve tries to cool inflation. As a result, the state revenues from interest grew by more than $150 million, up to $557 million.

Scroll below or click this link to continue reading PARCA’s latest report, Alabama State Tax Collections, 2024: Increases, Decreases and Trends in the Revenue Supporting the State Government.

When Alabamians vote on November 5, they will be asked to vote on one statewide amendment.

“Proposing an amendment to the Constitution of Alabama of 2022, to grant certain sixteenth section and indemnity school lands that are owned in fee simple by the Franklin County School System, are located in Fayette County and Walker County, and are for the exclusive use of schools in the Franklin County School System to the Franklin County Board of Education; and to provide for the distribution of any proceeds and interest generated by this land.”

Proposed by Act No. 2024-301 (House Bill 302, 2024 Regular Legislative Session)
Bill Sponsor: Representative Kiel

This proposal seeks to amend the Constitution of Alabama of 2022 to address the management of a piece of land in Fayette and Walker Counties that is to benefit the Franklin County Board of Education.

Since this Amendment concerns land owned in two counties and a school board in a third county, it requires a statewide vote.

The land in question is designated to support public education and stems from an eighteenth-century practice where the federal government designated land in each county for the support of public education in that county. These designations predate Alabama’s statehood.

In the late nineteenth century, the Alabama Legislature gave some school boards, including Franklin County, additional land, sometimes outside their home county, to ensure each school board owned land of approximately equal value.

State law stipulates that such lands are held in trust by the Alabama State Department of Education and managed by the Alabama Department of Conservation and Natural Resources. The Department is empowered to lease or sell the land, with revenue provided to the school system the land is designed to support.

Amendment 1 concerns land located in Fayette and Walker Counties that is to benefit the Franklin County Board of Education. The Board cannot independently manage the land and cannot sell the land without the approval of the State Superintendent of Education and the Governor.

Amendment 1, if approved, enables the Franklin County Board of Education to manage and sell the land without prior approval and retain all revenue.

Continue reading the full analysis of Amendment 1 here.

In recent years, Alabamians’ rate of participation in elections has lagged behind other states as electoral competition has decreased and as the state has failed to adopt measures other states have that increase the convenience and access to voting. According to political scientists, Alabama “cost of voting” is among the highest in the country, ranking No. 46 among the 50 states. Meanwhile, most other states now provide measures like early in-person voting and no-excuse absentee voting, measures that correlate with increased participation.

A new report by PARCA, How Alabama Democracy Compares, provides a detailed comparison of Alabama’s approach to voter registration, access to ballots, and democratic participation with those of other states.

This report is an installment of PARCA’s yearlong series on the unfinished work of reforming Alabama’s Constitution. This project is supported, in part, by the Alabama Citizens for Constitutional Reform (ACCR) Foundation.

Alabama has a history of limiting participation in the democratic process. The state’s 1901 Constitution disenfranchised blacks and poor whites for more than half a century, until, inspired by the Civil Rights Movement, the U.S. Congress and federal court swept away discriminatory barriers to voting.

In 2022, Alabama adopted a revised and reorganized state constitution, deleting the last written relics of the original discriminatory language on voting rights. However, the report makes clear that Alabama has not kept pace with other states’ adoption of measures that make it easier and more convenient to register and vote.

In addition to the report, PARCA’s data dashboard includes interactive versions of the charts, with information drawn from the National Conference of State Legislatures, the U.S. Census Bureau, and the University of Florida Election Lab.

More Alabama high school students graduated ready for college or careers in 2023, according to data recently released by the Alabama Department of Education.

Printable PDF available here.

Students in the Class of 2023 made gains on all measures, bouncing back from the setbacks suffered during the pandemic and closing the gap between the percentage of students receiving a diploma and the percentage of students meeting the definition of college and career readiness: 91% of seniors graduated, 84% of seniors were college and career ready. That’s the highest readiness rate ever recorded.

The results show progress toward a goal established by the state Legislature and adopted by the State Board of Education that all students demonstrate college and career readiness in order to graduate.

More seniors graduated in 2023, even though this cohort of seniors was smaller than the Class of 2022. Alabama’s college and career readiness rate (CCR) increased by five percentage points over the levels recorded in 2022.

In percentage terms, student readiness increased on every measure. However, college readiness, as measured by scores on the ACT, is still lower for the Class of 2023 than it was for graduating classes before the pandemic.

Still, improved performance on the ACT accounted for the biggest gains in the number of students reaching the CCR benchmark. Follow this link for PARCA’s analysis of ACT Scores for the Class of 2023.

Close behind were big gains in the number of students earning the CCR by successfully completing career-oriented courses taught at high schools, vocational centers, or community colleges, courses known as career technical education. Also, the number and percentage of students earning a career-ready score on ACT’s WorkKeys test increased. A deeper dive into 2023 WorkKeys results is available here. The number of students earning credit through dual enrollment courses at community colleges or universities also increased.

Alabama’s high school graduation rate is among the highest in the country, though that is a relatively recent phenomenon. In 2012, Alabama’s high school graduation rate was 75%, trailing the national average of 80%. By 2018, Alabama’s graduation rate had climbed to 90%, exceeding the U.S. rate of 85%. In 2022, the most recent available year for comparison, Alabama’s graduation rate was tied with the U.S. at 88%.

With the sharp rise in the graduation rate came concerns that some students were being awarded diplomas but weren’t prepared for the next step. In 2018, despite that 90% graduation rate, Alabama’s college and career readiness rate was still at 75%.

Pressure to close that gap between graduation and college and career readiness has been building. Last year, the Legislature passed a requirement that by 2026, all students, in order to graduate, must have met one of the Alabama Board of Education’s definitions of college and career readiness. The Legislature subsequently provided $25 million in FY 2024 to support schools in expanding opportunities for college and career readiness. Last year, Gov. Ivey’s Commission on Teaching and Learning recommended allocating $25 million in ongoing support for the grant program.

Students can demonstrate that they are ready for college or the workforce in several ways:

1. Achieve a benchmark score in one subject on the ACT. Benchmarking on the ACT indicates that a student is likely to succeed in a college class in that subject.
2. Earn a Silver Certification or above on the ACT WorkKeys test. WorkKeys is a test of knowledge, communication, and comprehension as they are applied in the workplace. Scoring Silver or above indicates a student is ready to enter the workforce in most career fields.
3. Earn college credit through Advanced Placement or International Baccalaureate courses taken in high school.
4. Earn college credit through dual enrollment. A high school student can complete courses at a community college or university while in high school. These can be academic or career-related courses.
5. Complete a progression of Career Technical Education courses in a field.
6. Earn an Industry Recognized Credential as part of a career technical education course.
7. Participate successfully in an In-School Youth Apprenticeship Program approved by the Alabama Office of Apprenticeship.
8. Successfully enlist in the military.

While progress is being made, gaps remain.

In 29 school systems, all graduates were college and/or career-ready. In 20 of those systems, more seniors were college and career-ready than graduated.

On the other hand, in six school systems, the CCR rate was 20 percentage points lower than the graduation rate, indicating that 20% or more of the students who received diplomas hadn’t demonstrated readiness for college or the workforce.

The gaps in graduation rates between subgroups within the school population are relatively narrow: 93% of White students graduate compared to 89% of Black Students and 87% of Hispanic students. Gaps are wider when it comes to college and career readiness: 89% of White students graduate college and career-ready, but only 76% of Blacks and 79% of Hispanics do. Looking at the individual CCR measures, the gap between Blacks and Whites is highest in the percentage of students benchmarking on the ACT. It’s narrowest in terms of the percentage of students earning credit through career technical education. In that category, Black and Hispanic students have a higher CCR rate than Whites.

Using the tabs and menus in the visualization, you can explore the results for individual schools and school systems.

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Please consider supporting PARCA. A contribution to PARCA is an investment in our state’s future. As a 501(c)3, charitable contributions allow PARCA to maintain its independence and ability to provide non-partisan support to communities throughout the state. All donations are tax deductible.

VOICES for Alabama’s Children published the 2023 Alabama Kids Count Data Book today, marking the 30th edition of the book published by the nonprofit. For the 8th year in a row, PARCA worked with VOICES as a data partner for the project.

– Children of color and children in poverty are shown to have much poorer outcomes and much poorer achievements in education.

– Child population continues to decrease. Over the last year, the number of children grew in only 20 of 67 counties.

– Children in Alabama are becoming increasingly more diverse ethnically and racially. While white and Black child populations are declining, since 2000, Hispanic children grew approximately 276%. The Asian/Pacific Islander population grew by 120%.

– The infant mortality rate has slightly decreased from 8.1 to 7.6 per 1,000 live births from 2011-2021. In real numbers, that means that 443 babies did not live to their 1st birthday in 2021. Maternity care is critical. 34.3% of Alabama counties are defined as maternity care deserts. More than 28% of Alabama women had no birthing hospital within 30 minutes, which is more than double the U.S. rate.

– In 2022, the percentage of Alabama high school students meeting college and career ready requirements was 79.1% from 76.5% in 2021.

– 2023 Work-based learning programs (Dual Enrollment and Career Training Programs) are estimated to have had an economic impact of $420,209,126.

– From 2015-2023 there has been a 16.9% increase in the number of children entering foster care services. Parental drug use is the leading reason for children entering foster care, making up 44%, followed by neglect at 22%.

– 10.4% of children in the state are living in extreme poverty. Black and Hispanic populations are disproportionately affected (38.3% and 36.7% respectively), while white children make up 13.5% of children in extreme poverty.

See how children in all 67 counties of our state are faring in education, health, economic security, and more. VOICES believers that every child in Alabama should have access and opportunity to thrive and become all they can be, and hopes that by utilizing this book’s insights, we can identify the challenges, set priorities, track our progress, and achieve real outcomes for children and families.

Access the 2023 Alabama Kids Count Data Book here.

Want to see this data at the national level? Visit the national KIDS COUNT Data Center to access hundreds of indicators, download data and create reports and graphics!

The Huntsville area and Baldwin County continue to add more new residents, while growth in Shelby County and St. Clair County helped the Birmingham Metro Area return to positive growth after two years of population loss. That’s according to new estimates of population change in U.S. counties and metro areas published by the U.S. Census Bureau. The new estimates identify population totals and components of population change as of July 1, 2023.

Printable PDF available here

In addition to the growth in Shelby and St. Clair, Birmingham’s metro population got a boost from an accounting change. In the 2022 estimates, the Birmingham-Hoover MSA ranked No. 50 in population among metropolitan areas and seemed destined to fall out of the top 50 metro areas.

However, in 2023, Walker County was re-added to the Birmingham metro, which boosted the Birmingham MSA population by almost 65,000 and allowed it to climb to the 47th most populous metropolitan area.

Metro areas are clusters of counties where a significant percentage of the population moves back and forth across county lines for work and commerce. According to the most recent data, about 26% of Walker County’s resident workforce commuted to work in Jefferson County or other counties in the MSA. That’s above the 25% threshold that triggers inclusion in the MSA. Walker was historically part of the MSA.

Consisting of 7 counties with a population of 1.2 million, Birmingham is the state’s largest metro area. Huntsville’s MSA, comprised of Limestone and Madison Counties, is second with 527,254.

Trends

As observed in the PARCA’s analysis of state-level estimates released earlier this year, the decline in deaths related to the Covid-19 pandemic improved baseline conditions for population growth. In the 2021 and 2022 estimates, deaths far outnumbered births. In 2023, the number of deaths in Alabama continued to drop, though, due to an aging population and lower birth rate, deaths still outnumbered births.

International immigration to Alabama remains low, but domestic immigration continues to accelerate, according to the estimates. Alabama netted 30,744 new residents through domestic in-migration in 2023, building on an upward trend.

Domestic in-migration is powering population growth in hot spots like Madison, Limestone County, and Baldwin, as well as in suburban counties around Birmingham and Montgomery. In the latter cases, the central county is losing population while suburban counties gain. Across Alabama, 38 of the 67 counties are seeing more people moving into the county than moving out.

Calhoun and Etowah counties, home to Anniston and Gadsden, respectively, are showing population growth after years of decline. Mobile County also grew, breaking a streak of decline. In fact, all of the state’s metro areas posted population gains except for the Columbus, GA—Metro Area, which includes Phenix City and Russell County.

Rural counties, particularly in Alabama’s Black Belt, continued to lose population. The biggest drop in percentage terms was Bullock County, where the population declined by 2.4%, or 246 residents, according to the estimates. Hale County was the exception to the Black Belt trend. Hale added 289 residents, which amounts to a 2% population increase in a year.

In numeric terms, Jefferson County lost the most people, with a decline of 2,186. That is less of a loss than in 2021 or 2022. Deaths were down, births were up, resulting in a positive natural change of 394. International migration added 818, a slight increase over the year before. However, domestic migration remained a drain, with 3,417 more people moving out of the county than moved in, according to estimates.

Montgomery County also continues to see significant domestic outmigration, but a slight rise in international migration and births and a drop in deaths helped offset the outmigration. Montgomery County’s population has decreased by 1,321. Autauga, Elmore, Chilton, and Lee counties grew.

Mobile County grew with a smaller net decline in domestic migration, a slight increase in international migration, and a return to positive natural change (more births than deaths). According to the estimates, Mobile County posted a net addition of 242 residents.

Next-door neighbor Baldwin County added 6,976 people, mostly because of people moving to the coastal county. In percentage terms, the Baldwin County metro area, officially the Daphne-Fairhope-Foley MSA, grew faster than any of the state’s other metro areas.

However, the Huntsville MSA netted the most new residents, with Madison County adding 8,995 and Limestone County adding 3,786. Adjacent North Alabama counties like Lauderdale, Morgan, Marshall, Jackson, Lawrence, and Cullman grew.

The Dothan-area Wiregrass counties also saw population growth, as did counties on the Alabama-Georgia Border like Cleburne, Randolph, and Cherokee.  

Most counties bordering Mississippi lost population. The median age in rural counties tends to be higher, which correlates with higher death rates.

Those counties also tend to experience more people moving out than moving in.

Use the tabs and menus to explore the estimates for counties and metros you are interested in. If you want to see how Alabama compares with the rest of the United States, visualizations of the population estimates and change are available for counties and metros across the country.

Similar stats are available for metro areas as well. Use the controls to zoom in on areas of interest.

Housing inventory continues to fall, and prices continue to rise. Pressures on the housing market ripple across the economy but may have the most significant impact on middle-income workers – those earning between 80% and 120% of the median income. As housing prices increase, middle-income workers often struggle to live where they work. The shortage of affordable housing complicates hiring and threatens our economic health and community vitality. 

See links to Forum resources below

For example, while median income in Alabama is $60,000. The median home sale price in January was $263,000, one of the largest gaps in our history. Likewise, the Alabama median income supports rent of $1,240, but average rent for a three-bedroom apartment in Alabama is $1,500.

These challenges were the focus of PARCA’s 2024 Annual Forum: Housing Alabama’s Workforce.

The March 7 event welcomed over 300 state and local leaders gathered at the Harbert Center on March 8 to consider these issues and hear an address from Governor Kay Ivey.

Guiding the discussion were Lisa McCarroll of Navigate Housing Partners, Amanda Loper of David Baker Architects, Terry Harbin of Affordable Homes Gulf Coast, Mary Ellen Judah of Neighborhood Concepts, Cory Stallworth of the City of Birmingham, and James Stockard from the Harvard University School of Design.

The speakers explored the housing challenges facing the state’s middle-income workers—those vital to the economy and well-functioning communities, such as teachers, nurses, and first responders.

Lisa McCarroll made the point well, noting that some 40% of Alabamians may qualify for some type of subsidized housing. Another 44% do not qualify, but earn far less than necessary to afford market rate housing.

Amanda Loper offered examples of creative housing around the county that is both affordable and builds community.

Terry Harbin, a for profit developer Mobile, Mary Ellen Judah, Executive Director of the Huntsville-based nonprofit, Neighborhood Concepts, Cory Stallworth of the City of Birmingham, shared their differing approaches to addressing the shortage of workforce housing.

They highlighted the fact that federal tax credits for developing affordable housing in Alabama are restricted to one per county. And currently, Alabama has no state credit, though one has been introduced in the Legislature this session.

Jim Stockard challenged the audience with a series of questions to consider, including:

What are the types of publicly owned sites that might lend themselves to housing construction in Alabama cities?

Where are the existing market rate apartment buildings in your cities that might be re-purposed as mixed income complexes that could serve the workforce in their cities

What should the state allow or even  mandate in terms of local zoning ordinances?

What level of assistance might cities or the state be willing to provide to assist households in becoming homeowners? 

Encouraged…

Attendees noted they were encouraged to know there are people in Alabama working to address these concerns and that there are actually new things that the state can do.

More than 80% of surveyed attendees reported no, slight, or only moderate knowledge of housing policy before the event–and 90% of those same attendees reported the event improved their knowledge of the topic.

Governor Albert Brewer Memorial Lunch

Governor Ivey addressed the audience as part of the Governor Albert Brewer Memorial Lunch

Forum Resources

Annual Forum Program, including housing policy glossary, resources, and data

Why Housing? Ryan Hankins

What is Workforce Housing? Lisa McCarroll

Innovations Around the Country Amanda Loper

Opportunities in Alabama Panel

What is Possible? James Stockard

PARCA’s most recent public opinion survey finds, once again, aversion to certain taxes, support for public education, and mistrust in state government. At the same time, the survey finds a lack of consensus on how the state should respond to other critical issues.

Among the findings:

• Alabamians continue to rank education as the most important state government activity.

• Large majorities of Alabamians say the state spends too little on education and healthcare.

• Alabamians have an aversion to taxes but say upper-income residents pay too little.

• Alabamians are willing to pay more taxes to support education but do not agree on which taxes should be increased.

• A plurality (48%) of Alabamians would prefer to educate their children in public schools.

• A majority of Alabamians support school choice options.

• A large majority believe private schools receiving state funds should meet all standards required of public schools.

PARCA’s annual public opinion survey was conducted between October 24 and December 26, 2023. The mixed-mode sample includes a mix of respondents from a statewide random digit dialed (RDD) sample of cell and landline numbers and an Internet panel provided by Qualtrics. The poll of over 500 Alabama residents was conducted by Dr. Randolph Horn, Samford University, Assistant Vice President for Enrollment Research and Professor of Political Science. 

Results of the survey indicate many opportunities for officials to demonstrate responsiveness to public concerns and leadership in crafting public policy solutions.

Download the full report here.

Statewide Amendment 1

Proposing an amendment to the Constitution of Alabama of 2022, to amend Section 71.01 authorizing the Legislature to sign and transmit local laws or constitutional amendments before the transmission of basic appropriations.

Proposed by Act 2023-562 (Senate Bill 3, 2023 Second Special Session)
Bill Sponsor: Senator Chambliss

When voters go to the polls on Tuesday, March 5, they won’t just be voting in the Democratic or Republican primaries; they’ll also vote on an amendment to the Alabama Constitution of 2022.

Amendment 1 proposes simplifying the process of moving resolutions and local legislation through the Legislature before the state budgets are passed.

Printable PDF available here

If the amendment passes, a 3/5 vote of the Legislature would no longer be required before considering the passage of a resolution, local legislation, or a local constitutional amendment.

Proposed Amendment 1 is actually a tweak of the amendment championed by Gov. Fob James, which was ratified back in 1984. The amendment was aimed at focusing the Legislature on its most important job: passing the education and general fund budgets. It was designed to make it hard to bring up other legislation before the budgets passed.

Currently, until the budgets pass, every piece of Legislation requires two votes: one for what’s called a Budget Isolation Resolution, which requires three-fifths support to allow consideration, and a second vote on the piece of legislation itself.

While Amendment 1 will ease the process for resolutions and local legislation, the higher vote threshold (required prior to the passage of the budgets) remains in place for general laws, laws that apply statewide. Local constitutional amendments will still require a three-fifths vote to pass. They just won’t require two votes, one for a BIR and a second vote on the measure.

The original purpose of the 1984 amendment was to avoid last-minute scrambles to pass budgets. That didn’t happen. Budgets still tend to be worked on until the waning days of the session. Budgets are complicated and involve a lot of give and take. They are the culmination of a process, but they also are not all-consuming. Legislative action on other matters doesn’t necessarily get in the way of making progress on the budget.

In some circumstances, the BIR procedure does provide a mechanism for blocking or delaying consideration of controversial legislation. If more than one-third of members of either the House or Senate oppose a bill, they can band together and prevent consideration.

That blocking mechanism was more in play when the Legislature was more evenly divided along party or interest group lines. It is less relevant now that the Republicans hold a super-majority in both houses. The BIR can still come into play on bills that cut across party lines, but, for the most part, nowadays, it is simply an extra step in the legislative process.

The proposed amendment’s focus on local legislation stems, in part, from a series of lawsuits that questioned the validity of some local laws based on BIR-related votes. The Constitution requires “three-fifths of a quorum present” to vote on the BIRs. But Alabama House of Representatives rules and practice allowed BIRs to pass if three-fifths of those voting voted yes. Even though the legislative and constitutional fixes have reaffirmed previously passed legislation, proponents want to avoid future challenges by exempting local legislation.

The amendment doesn’t address the more fundamental issue of whether the state Legislature should be voting on local legislation at all. In other states, local governments have more power to conduct their own affairs. In those state the Legislature focuses on statewide policy. In Alabama, in 2023, 30% of the bills passed by the State Legislature applied to a specific county or locality, according to a PARCA analysis of legislative records. Further, the bulk of the Alabama Constitution is made up of amendments that apply to specific counties and localities. That inclusion of local matters in the state constitution helps make Alabama’s Constitution by far the longest state constitution in the U.S.

Another state constitutional amendment is on the ballot March 5, but only in Dale County. Voters there will decide whether mayors in the county are allowed to participate in the state’s retirement system.