Proposed Statewide Amendment Analysis for November 3

By on October 8th, 2020 in , , : in Government Structure

When voters go to the polls on November 3, they will not only be voting in the primary race for President, Vice-President, one U.S. Senate seat, seven U.S. House of Representatives, multiple state judicial positions, and various other state and county offices, but voters statewide will also be asked to vote on six new amendments to the Alabama Constitution of 1901. An additional 36 amendments to the state constitution will appear on the ballots of individual counties across the state.

As always, PARCA provides a high-level analysis of each statewide amendment. We study the ballot wording, but also the authorizing legislation behind the language. We do not make recommendations or endorsements, rather we seek to understand the impact of the proposed changes and the rationales for them.

The Alabama Constitution is unusual. It is the longest and most amended constitution in the world. There are currently 948 amendments to the Alabama Constitution. Most state and national constitutions lay out broad principles, set the basic structure of the government, and impose limitations on governmental power. Such broad provisions are included in the Alabama Constitution. But Alabama’s constitution also delves into the minute details of government, requiring constitutional amendments for basic changes that would be made by the Legislature or by local governments in most states. Instead of broad provisions applicable to the whole state, about three-quarters of the amendments to the Alabama Constitution pertain to particular local governments. Amendments establish pay rates of public officials and spell out local property tax rates. An amendment from a few years ago, Amendment 921, granted municipal governments in Baldwin County the power to regulate golf carts on public streets.

Until serious reforms are made, this practice will continue, and the Alabama Constitution will continue to swell.

Read the full report here.