Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Solicitation, Attempt, or Conspiracy to Commit Murder Amendment (May 2026)

Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Attempted or Planned Murder Amendment
Election date May 19, 2026
Topic Bail policy and Criminal trials
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Alabama Allow Judges to Deny Bail for Certain Weapon Discharges and Attempted or Planned Murder Amendment is on the ballot in Alabama as a legislatively referred constitutional amendment on May 19, 2026.

A "yes" vote supports adding the following offenses to the list of crimes for which a judge may deny bail: shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and solicitation, attempt, or conspiracy to commit murder.

A "no" vote opposes allowing judges to deny bail for individuals charged with shooting a firearm in an occupied dwelling or other occupied space and any solicitation, attempt, or conspiracy to commit murder.

Overview

What would the amendment do?

See also: Text of measure

The amendment would expand the state's bail law, known as Aniah's Law, by adding to the list of crimes for which bail can be denied. When a defendant is charged with a crime and not yet convicted, an amount of money—a specific range tied to specific crimes—referred to as a bail amount, may be paid so that the individual may be released until their court date.

The following offenses for which bail can be denied under the amendment would include:

• shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and
• solicitation, attempt, or conspiracy to commit murder.

What other states have decided bail denial ballot measures?

See also: Bail denial on the ballot

Forty-one states have a right to bail explicitly included in the constitution. Every state permits denial of bail in the case of capital offenses, or criminal offenses which would have been classified as capital offenses before the death penalty was abolished. Of those 41 states, 22 permit judges to deny bail for additional criminal offenses.

Arizona was the first state to expand circumstances for the denial of bail when, in 1970, voters approved a Proposition 100. Utah and Michigan later added denial of bail amendments to their constitution in 1972 and 1978, respectively.

Between 1980 and 1989, nine states passed constitutional amendments to permit denial of bail in other circumstances: New Mexico, Wisconsin, California, Colorado, Florida, Rhode Island, Illinois, Mississippi, and Oklahoma.

Between 1990 and 1999, six states passed constitutional amendments to permit denial of bail in other circumstances: Vermont, South Carolina, Ohio, Louisiana, Pennsylvania, and Oregon.

Between 2000 and 2024, three states passed constitutional amendments to permit denial of bail in other circumstances: Washington, New Jersey, and Alabama.

Text of measure

Ballot title

The ballot title would be as follows:

“

Proposing an amendment to the Constitution of Alabama of 2022, to provide that the following offenses shall be offenses for which a judge may deny bail: shooting or discharging a firearm into an occupied dwelling or other occupied space in violation of Section 13A-11-61(b), Code of Alabama 1975; or any solicitation, attempt, or conspiracy to commit murder.

”

Constitutional changes

See also: Alabama Constitution

The amendment would amend Section 16 of Article 1 of the Alabama Constitution. The following struck-through text would be deleted and underlined text would be added:

Note: Hover over the text and scroll to see the full text.

That all persons shall, before conviction, be bailable by sufficient sureties, unless charged with capital murder, as provided in Section 13A-5-40, Code of Alabama 1975, as amended; murder, as provided in Section 13A-6-2, Code of Alabama 1975, as amended, or any solicitation, attempt, or conspiracy to commit murder; kidnapping in the first degree, as provided in Section 13A-6-43, Code of Alabama 1975, as amended; rape in the first degree, as provided in Section 13A-6-61, Code of Alabama 1975, as amended; sodomy in the first degree, as provided in Section 13A-6-63, Code of Alabama 1975, as amended; sexual torture, as provided in Section 13A-6-65.1, Code of Alabama 1975, as amended; domestic violence in the first degree, as provided in Section 13A-6-130, Code of Alabama 1975, as amended; human trafficking in the first degree, as provided in Section 13A-6-152, Code of Alabama 1975, as amended; burglary in the first degree, as provided in Section 13A-7-5, Code of Alabama 1975, as amended; arson in the first degree, as provided in Section 13A-7-41, Code of Alabama 1975, as amended; robbery in the first degree, as provided in Section 13A-8-41, Code of Alabama 1975, as amended; terrorism, as provided in subdivision (b)(2) of Section 13A-10-152, Code of Alabama 1975, as amended; and aggravated child abuse, as provided in subsection (b) of Section 26-15-3.1, Code of Alabama 1975, as amended; and shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft, as provided in Section 13A-11-61(b); and that excessive bail shall not in any case be required.

Support

Supporters

Officials

• Gov. Kay Ivey (R)
• State Sen. Will Barfoot (R)

Arguments

• Sen. Will Barfoot (R-25): "I do think that this is an important piece of the puzzle, that procedurally, those judges have two more different charges that they can look at and determine based on the evidence presented to them whether or not somebody should be afforded bail. It’s important to balance the rights of the accused with the need to protect the public. It’s been a collaborative effort — law enforcement, the governor’s office, both the House and Senate and across the aisle, Republicans and Democrats."
• District Attorney Hays Webb: "I’m glad. We’ve got tremendous issues with people misusing guns in our community and the ability to hold some of these folks in jail without bond, I think is a real asset that will help keep our community safer."
• Gov. Kay Ivey (R): The Aniah's Law expansion amendment is part of a package of bills referred to as the Safe Alabama package. Ivey said, "Bolstering public safety is my number one priority this session, and I am proud to partner with Speaker Ledbetter and a bipartisan group of legislators in putting forward a package of bills that will back the blue and combat inner city gun violence. Working together, we will create a safer Alabama." In a press release, the governor's office said the bill "would amend the constitution to align with the changes being made in the Inner City Gun Violence Act. "

Opposition

Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Denial of Bail Amendment (2022)

See also: Alabama Amendment 1, Allow Denial of Bail for Offenses Enumerated by State Legislature Amendment (2022)

In 2022, Alabama voters approved Amendment 1, which authorized the state legislature to enumerate in state law offenses for which bail may be denied. Prior to 2022, the Alabama Constitution did not allow judges to deny bail for any offense except for capital offenses. Capital offenses are those punishable by the death penalty. At the time, murder was the only capital offense in the state of Alabama.

That year, the legislature passed House Bill 130, which took effect along with Amendment 1. House Bill 130 lists offenses for which bail may be denied by a court. For individuals charged with listed offenses under the bill, bail can be denied if the prosecutor shows that the defendant can not be expected to appear in court or that releasing the defendant will threaten the safety of the community or the victim. The list of offenses provided in the bill are as follows:

• murder;
• first-degree kidnapping;
• first-degree rape;
• first-degree sodomy;
• sexual torture;
• first-degree domestic violence;
• first-degree human trafficking;
• first-degree burglary;
• first-degree arson;
• first-degree robbery;
• terrorism; and
• aggravated child abuse.

Aniah's Law

The constitutional provision which permits the denial of bail is referred to as Aniah's Law, named after Aniah Blanchard of Homewood, Alabama. Blanchard was reported missing on October 23, 2019.; a month later, Macon County officers reported her cause of death to be a gunshot wound. Ibraheem Yazeed was arrested and charged with kidnapping and murdering Blanchard. At the time of Blanchard's death, Yazeed had been charged with attempted murder, possession of marijuana, two counts of kidnapping, and two counts of robbery, but was released on $295,000 bond. Aniah's mother, Angela Hailey-Harris, said she would advocate for bail-system reform in Alabama. Harris said, "My mission now is to save the world that is how I feel. I know I can’t save the world, but I’m gonna try. Aniah’s Law is one of the most amazing things. Our state needs it so bad. It will keep violent offenders from being out on the street out on bond."

Other bail policy measures on the ballot

In November of 2025, Texas voters will decide on a constitutional amendment concerning judges' ability to deny bail. In Texas, the only offenses for which a judge can currently deny bail are capital offenses or certain offenses committed while on pretrial release or probation. Under the amendment, bail could also be denied for the following offenses:

• murder;
• aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive;
• aggravated kidnapping, robbery, and sexual assault;
• indecency with a child; and
• human trafficking.

Tennessee voters will decide a constitutional amendment concerning bail policy in the November 2026 election. The amendment would remove the right to bail in cases where the presumption of guilt is great and the defendant is accused of the following offenses:

• acts of terrorism;
• second-degree murder;
• aggravated rape of a child;
• grave torture; and
• any other offense for which a convicted individual could not be released prior to the expiration of at least 85% of their sentence.

Bail denial on the ballot

See also: Bail policy ballot measures and Civil and criminal trial ballot measures

Beginning in 1970, 22 states have granted judges the ability to deny a defendant bail, even if the defendant is not accused of a capital offense. Each state altered the constitution to permit bail denial with a legislatively referred constitutional amendment.

State	Date	Title	Yes Vote	No Vote
Alabama	2022	Amendment 1	80.5%	19.5%
New Jersey	2014	Public Question 1	61.8%	38.2%
Washington	2010	HJR 4220	84.6%	15.4%
Oregon	1999	Measure 71	58.0%	42.0%
Pennsylvania	1998	Joint Resolution 1	72.9%	27.1%
Louisiana	1998	Amendment 6	68.3%	31.7%
Ohio	1997	Bail Restrictions Constitutional Amendment	72.9%	27. 1%
South Carolina	1996	Referendum 1	87.1%	12.9%
Vermont	1994	Proposal 7	*	*
Oklahoma	1988	State Question 612	84.4%	15.6%
Mississippi	1987	Amendment 6	79.8%	20.2%
Illinois	1986	Amendment 1	77.2%	22.8%
Rhode Island	1986	Question 1	64.8%	35.2%
Florida	1982	Amendment 3	60.6%	39.4%
Colorado	1982	Amendment No. 2	82.5%	17.5%
California	1982	Proposition 4	82.8%	17.2%
Wisconsin	1981	Question 3	73.1%	26.9%
New Mexico	1980	Constitutional Amendment No. 3	64.2%	35.8%
Michigan	1978	Proposal K	83.4%	16.6%
Utah	1972	Proposition 2	65.6%	34.4%
Arizona	1970	Proposition 100	84.7%	15.3%
Texas	1956	Proposition 8	79.2%	20.8%

Path to the ballot

Amending the Alabama Constitution

See also: Amending the Alabama Constitution

A 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. That amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Senate Bill 118 (2025)

The following is the timeline of the constitutional amendment in the state legislature:

• February 25, 2025: The amendment was passed by the Senate in a vote of 29-0 with five members absent or not voting.
• April 29, 2025: The amendment was passed by the House in a vote of 87-0 with 16 members absent or not voting.

Partisan Direction Index = +0.0% (Bipartisan)

Democratic Support

100.0%

Republican Support

100.0%

Alabama State Senate

Voted on February 25, 2025

Votes Required to Pass: 21
	Yes	No	NV
Total	29	0	5
Total %	85.3%	0.0%	14.7%
Democratic (D)	5	0	3
Republican (R)	24	0	2

Alabama House of Representatives

Voted on April 29, 2025

Votes Required to Pass: 69
	Yes	No	NV
Total	87	0	16
Total %	84.5%	0.0%	15.5%
Democratic (D)	13	0	16
Republican (R)	74	0	0

See also

2026 measures

• 2026 ballot measures
• Civil and criminal trials on the ballot

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

How to cast a vote

See also: Voting in Alabama

See below to learn more about current voter registration rules, identification requirements, and poll times in Alabama.

How to vote in Alabama

Poll times

In Alabama, polls are open from 7:00 a.m. to 7:00 p.m. According to state law, "All polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time." An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court.

Voters cannot register during the 14-day period preceding an election. According to the Alabama Secretary of State's website:

“

You may download the State of Alabama Postcard Voter Registration Application from this site. The form can be printed on your printer, filled out, and then mailed into your local voter registration officials. Click here for more information. You may also request a postcard voter registration from this office by e-mail. Click here to request a voter registration form. Voter registration is also available from your local County Board of Registrars. Click here to get the address and phone number for the board of registrars office in your county. You may also obtain voter registration services at the following state and local government offices and agencies: Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services The postcard voter registration form is also available at: Public 4-year universities Select private 4-year universities Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services

”

Automatic registration

Alabama does not practice automatic voter registration.

Online registration

See also: Online voter registration

Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Alabama does not allow same-day voter registration.

Residency requirements

To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

An Alabama state law, passed in 2011, requires people to provide proof of U.S. citizenship when registering to vote. However, as of June 2025, the law had not been implemented.

In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections in order to require proof of citizenship. Alabama Secretary of State John Merrill (R) said the following: "That’s an election administration nightmare ... You’d have to have two sets of poll books, one for federal elections and one for state elections, and that just doesn’t make any sense to me."

An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Alabama Secretary of State's Voter View website allows residents to check their voter registration status online.

Voter ID requirements

Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of September 2024. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State.

“

Valid Alabama Driver’s License (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Examples Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Digital student ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Digital student ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID

”

A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here.

Voters must also provide a copy of valid photo identification when applying for an absentee ballot, with the exception of 1) voters for whom polling locations are inaccessible due to age or disability, and 2) overseas military members.

External links

• Alabama Senate Bill 118 (2025)

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