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Alabama Rules for Determining a Local Constitutional Amendment, Amendment 3 (2016)
| Alabama Amendment 3 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic County and municipal governance | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The Alabama Rules for Determining a Local Constitutional Amendment, also known as Amendment 3, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016.[1] It was approved.
| A "yes" vote supported changing the procedure for determining local constitutional amendments so that only a unanimous vote of the legislature is needed to declare that a constitutional amendment exclusively affects only one particular jurisdiction. |
| A "no" vote opposed this proposal, keeping intact the current requirement for determining whether an amendment affects more than one jurisdiction, which includes three-fifths approval of the legislature and unanimous approval by a constitutional amendment commission. |
Election results
| Amendment 3 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 932,652 | 60.63% | ||
| No | 605,498 | 39.37% | ||
- Election results from Alabama Secretary of State
Overview
Prior to the amendment's passage, local constitutional amendments were voted on by the entire state of Alabama, unless a three-fifths vote of the legislature and a unanimous vote of a constitutional amendment commission determined that the amendment strictly affected or applied to only one county or jurisdiction. Only when this occurred did constitutional amendments appear before only the voters in that particular jurisdiction. Thus, statewide electors often voted on issues that primarily, but not entirely, affected other counties or jurisdictions.
Amendment 3 changed the process for determining whether an amendment affects only one county or jurisdiction. It eliminated the constitutional amendment commission and required a unanimous vote of both houses of the Alabama Legislature.
The Alabama Constitution contained provisions that apply specifically to certain localities. A constitutional amendment is an amendment that seeks to change such a provision. Local constitutional amendments in Alabama only appear in their respective counties for residents to vote on. For some county laws to be enacted, amendments to the state constitution are necessary. Alabama mandates that county governments seek legislative approval or legislatively referred constitutional amendment ballot measures for approval of such laws. Some examples of local constitutional amendments that have appeared on the ballot are:
- Baldwin Co. Amendment 1
- Baldwin Co. Amendment 2
- Bullock Co. Amendment
- Calhoun Co. Amendment
- Covington Co. Amendment
- Cullman Co. Amendment
- Etowah Co. Amendment 1
- Etowah Co. Amendment 2
- Jackson Co. Amendment
- Lawrence Co. Amendment
- Madison Co. Amendment
- Marengo Co. Amendment
- Marion Co. Amendment
- Marshall Co. Amendment
- Montgomery Co. Amendment
- Morgan Co. Amendment
- Perry Co. Amendment
- Tuscaloosa Co. Amendment
- Winston Co. Amendment
Text of measure
Ballot title
The official ballot title was as follows:[1]
| “ |
Proposing an amendment to the Constitution of Alabama of 1901, to revise the procedure for adoption of local constitutional amendments to provide that a proposed constitutional amendment the Legislature determines without a dissenting vote applies to only one county or a political subdivision within one or more counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county or the political subdivision and county or counties in which the political subdivision is located, who vote on the amendment.[2] |
” |
Constitutional changes
| Alabama Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII |
| Local Provisions |
- See also: Article XVII, Alabama Constitution
Amendment 3 was designed to repeal Amendments 425 and 555 of the Alabama Constitution and add Section 284.01 to Article XVIII:[1]
|
Addition of Section 284.01 to Article XVIII of the Alabama Constitution | |||||
|---|---|---|---|---|---|
| Section 284.01. (a) The Legislature shall determine whether a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties under the procedures set out herein. If the Legislature determines that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties, the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors of the affected county or, if applicable, the political subdivision and the county or counties in which the political subdivision is located, who vote on the amendment as provided in subsections (b) and (c). If the Legislature fails to determine that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties pursuant to the procedures set out in subsection (b), the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors who vote on the amendment in a statewide referendum, as provided in subsection (d), and a majority of the qualified voters of the affected county or counties voting on the amendments, as provided in subsection (d).
(b) To determine whether a proposed amendment shall be placed on the ballot in only one county or a political subdivision within one or more counties and the affected county or counties, as provided in subsection (a), the proposed amendment shall be approved by each house of the Legislature under the following process: (1) The proposed amendment must first be approved, if at all, by at least three-fifths of all the members elected to the house in which it originates. (2) Immediately following approval under subdivision (1), the house shall consider a resolution of local application declaring that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties specifying by proper name the county or the political subdivision and the county or counties within which the political subdivision is located. (3) The proposed amendment shall then be sent to the other house for consideration and, if at least three-fifths of all the members elected to that house vote in favor of the proposed amendment, that house shall likewise immediately proceed to consider a resolution of local application as provided in subdivision (2). In the event that both houses of the Legislature approve the amendment by at least a three-fifths vote of their elected members and also determine by vote without dissent that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties, the proposed amendment shall be placed on the ballot only in the county or political subdivision and county or counties affected. (c) If after having been approved by at least a three-fifths vote of the elected members of either house of the Legislature, there is at least one dissenting vote cast on the resolution in either house on the question of whether the proposed amendment affects or applies to only one county or only to a political subdivision within one or more counties, the proposed amendment shall automatically be submitted in a statewide referendum in accordance with the procedures for proposed statewide constitutional amendments under Sections 284 and 285 of the Constitution of Alabama of 1901. If the proposed amendment is submitted in a statewide referendum, it shall not become effective unless approved by a majority of the qualified voters voting on the amendment statewide and a majority of the voters of any county or political subdivision named in the resolution voting on the amendment.[2] | |||||
Full text
The full text of Amendment 3 can be found here.
Support
Sen. Linda Coleman (D-20) sponsored Amendment 3 in the legislature.[3]
Supporters
- Limestone County Commissioners[4]
Opposition
If you know of any opposition to Amendment 3, please contact editor@ballotpedia.org.
Background
Initiative process availability
Below are details on the availability of the initiative and referendum process for counties and municipalities in Alabama.
Counties
| A guide to local ballot initiatives | |
|---|---|
 | |
Counties have very limited powers of initiative and referendum for the establishment or repeal of certain ordinances and powers that are established in State Code 11-3A. These powers are restricted to issues of Public Health and Safety only to include:
| “ | (1) Abatement of weeds as a public nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127, control of animals and animal nuisances. |
” |
Municipalities
Any municipality with the Optional Form A of government is granted authority for Initiative and Referendum. However, there are no cities using this form of government so this provision is not applicable.[6]
Notably, Birmingham, which is the only city under the Mayor-Council form of government pursuant to the Mayor Council Act of 1955, has the powers of Initiative and Referendum, requiring signatures equaling 10 percent of qualified voters.[6]
Authority
Statutes
Authority for the referendum power is found in Section 11-3A-6:
Section 11-3A-6:
The only statewide authority for local initiative and referendum powers in municipalities is found in section 11-44-105 but it only applies to cities with the Optional Form A government and none currently exist.[5][6] |
Initiative process features
The procedures for petitions used in the limited direct democracy powers of counties are found in the Alabama State Code section 11-3A. Each petition must contain signatures equaling 10% of voters and the full legal names and addresses of all persons signing the petition. The petition is to be filed in the office of the judge of probate.[5]
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
As of February 1, 2017, no ballot question committees registered to support or oppose Amendment 3.[7]
Path to the ballot
- See also: Amending the Alabama Constitution
According to Article 18 of the Alabama Constitution, both houses of the Alabama State Legislature were required to pass the bill by a three-fifths or 60-percent vote in order to send it to the statewide election ballot. Simple majority approval by the voters was required for approval.
The amendment, titled Senate Bill 30 (SB 30) in the Alabama Legislature, was introduced by Sen. Linda Coleman (D-20). On March 12, 2015, the Alabama Senate approved SB 30, with 28 members voting "yea" and zero voting "nay." The Alabama House of Representatives took up the amendment on April 14, 2015, and the chamber unanimously passed it.[3]
Senate vote
March 12, 2015
| Alabama SB 30 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 28 | 100.00% | ||
| No | 0 | 0.00% | ||
House vote
April 14, 2015
| Alabama SB 30 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 102 | 100.00% | ||
| No | 0 | 0.00% | ||
State profile
| Demographic data for Alabama | ||
|---|---|---|
| Alabama | U.S. | |
| Total population: | 4,853,875 | 316,515,021 |
| Land area (sq mi): | 50,645 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 68.8% | 73.6% |
| Black/African American: | 26.4% | 12.6% |
| Asian: | 1.2% | 5.1% |
| Native American: | 0.5% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 1.7% | 3% |
| Hispanic/Latino: | 4% | 17.1% |
| Education | ||
| High school graduation rate: | 84.3% | 86.7% |
| College graduation rate: | 23.5% | 29.8% |
| Income | ||
| Median household income: | $43,623 | $53,889 |
| Persons below poverty level: | 23.3% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Alabama. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Alabama
Alabama voted Republican in all seven presidential elections between 2000 and 2024.
More Alabama coverage on Ballotpedia
- Elections in Alabama
- United States congressional delegations from Alabama
- Public policy in Alabama
- Endorsers in Alabama
- Alabama fact checks
- More...
Related measures
| County and municipal governance measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Alabama | Alabama Restriction of Police and Planning Jurisdiction in Calhoun County, Amendment 10 |
Recent news
This section links to a Google news search for the term "Alabama + local + constitutional + amendments + amendment + 3"
See also
- Alabama 2016 ballot measures
- 2016 ballot measures
- Alabama Legislature
- Laws governing local ballot measures in Alabama
External links
Footnotes
- ↑ 1.0 1.1 1.2 Alabama Legislature, "Senate Bill 30," accessed July 27, 2015
- ↑ 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 Open States, "SB 30," accessed April 27, 2016
- ↑ The News Courier, "Commission pulls support of Amendment 4," accessed October 18, 2016
- ↑ 5.0 5.1 5.2 5.3 Alabama Legislature, "Alabama State Code," accessed May 14, 2021
- ↑ 6.0 6.1 6.2 Ballotpedia, "Alabama State Research Document," July 11, 2012
- ↑ Alabama Electronic Fair Campaign Practices Act (FCPA) Reporting System, "Political Action Committee Search," accessed November 14, 2016
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