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Alabama Amendment 1, Allow Franklin County Board of Education to Manage, Sell, or Lease Land in the Franklin County School System Amendment (2024)

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Alabama Amendment 1
Flag of Alabama.png
Election date
November 5, 2024
Topic
State and local government budgets, spending and finance and Education
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

The Alabama Allow Franklin County Board of Education to Manage, Sell, or Lease Land in the Franklin County School System Amendment was on the ballot in Alabama as a legislatively referred constitutional amendment on November 5, 2024. It was approved.

A "yes" vote supported allowing the Franklin County Board of Education to manage, sell, or lease lands or natural resources from the lands within in the Franklin County School System located in Walker and Fayette County.

A "no" vote opposed allowing the Franklin County Board of Education to manage, sell, or lease lands or natural resources from the lands within in the Franklin County School System located in Walker and Fayette County.


Election results

See also: Results for education and school choice ballot measures, 2024

Alabama Amendment 1

Result Votes Percentage

Approved Yes

1,159,794 74.37%
No 399,640 25.63%
Results are officially certified.
Source


Overview

What did the amendment do?

See also: Text of measure

The amendment gave the Franklin County Board of Education ownership and control over certain sixteenth section school lands in Fayette and Walker Counties that are currently owned by the Franklin County School System. Under the amendment, the Franklin County Board of Education was given the right to manage, sell, lease, and control the land and any natural resources, such as timber and minerals, on the land. Any proceeds generated by the sale or lease of the land or its resources were set to be deposited in the Franklin County Board of Education General Fund.[1]

What are the different types of school lands?

See also: Background

Sixteenth section lands are school lands donated to the state by the United States government. Sixteenth section lands can be sold or exchanged by the Commissioner of the State Department of Conservation and Natural Resources with the approval of the governor and state superintendent of education.[2]

Other types of school property include local board of education property, which is owned by the local county or city board of education. The sale of these lands does not involve the state.[2]

State-owned school property, which is owned by the state, is effectively a trust where the state is the trustee with decision-making authority while the county or city board of education is the beneficiary, so, if the property is sold by the state, proceeds go to the county or city board of education.[2]

How did this amendment get on the ballot?

Se also: Path to the ballot

To put a legislatively referred constitutional amendment before voters, a 60 percent vote is required in both the Alabama State Senate and the Alabama House of Representatives.

House Bill 302 proposing the amendment was approved in the House by a vote of 72-0 with 29 members abstaining and two members not voting on April 9, 2024. The state Senate passed the measure in a vote of 35-0 on May 8, 2024.[1]

Text of measure

Ballot question

The ballot question for the amendment was as follows:

Proposing an amendment to the Constitution of Alabama of 2022, to grant certain sixteenth section and indemnity school land that is owned in fee simple by the Franklin County school system, is located in Fayette County and Walker County, and is 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 to the Franklin County Board of Education.

Yes ( )

No ( ) [3]

Ballot summary

The Alabama Fair Ballot Commission wrote the following ballot statement:[4]

In the 1800’s, Congress granted each township in the state certain land designated as “sixteenth section lands” and “indemnity lands” for the benefit of schools. Money earned from these lands is dedicated to the support and maintenance of the public schools in the state. Currently, the Franklin County School System owns some sixteenth section lands and indemnity lands that are located in Fayette County and Walker County.

This amendment will transfer ownership rights of those lands to the Franklin County Board of Education. Upon approval, the amendment will provide that any money earned from the lease or sale of the lands or its natural resources will be paid to the Franklin County Board of Education. Money currently held in trust by the State of Alabama prior to the approval of this amendment will continue to be held in trust and any money earned from those transactions will continue to be paid to the Franklin County Board of Education.

If the majority of voters vote “yes” on Amendment 1, the Alabama Constitution will be changed.

If the majority of voters vote “no” on Amendment 1, the Alabama Constitution will not be changed.

There are no costs or taxes related to Amendment 1.

The Constitutional authority for passage of Amendment 1 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama. These sections outline the method a constitutional amendment may be put to the people of the State for a vote.[3]

Constitutional changes

See also: Alabama Constitution

The measure added the following amendment to the Alabama Constitution. The following underlined text was added:[1]

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

(a) All sixteenth section and indemnity school land that is owned in fee simple by the Franklin County School System, is located in Fayette County and Walker County, and is for the exclusive use of schools in the Franklin County School System is vested in the Franklin County Board of Education. The board may manage, sell, lease, and control the land and any timber, minerals, or other natural resource of the land.

(b) Any proceeds generated from the sale of timber, minerals, or other natural resource of the land, or from the lease or sale of the land or its natural resources, shall be paid to the Franklin County Board of Education and deposited into the Franklin County Board of Education General Fund.

(c) It is the intent of the Legislature that this amendment supersede any other provision of this constitution that may be construed as conflicting with this amendment as it relates to the land and the rights, power, and control thereof and to the sale, lease, or other disposition of the land and timber, minerals, or other natural resource of the land, and any proceeds and interest earned therefrom.

(d) Upon ratification of this amendment, all proceeds realized from the sale, lease, or other disposition of the land or the sale of timber, minerals, or other natural resource of the land occurring before ratification of this amendment, and held in trust by the State of Alabama, shall continue to be held in trust, and any proceeds and interest derived from those transactions shall be paid to the Franklin County Board of Education.

Upon ratification of this constitutional amendment, the Code Commissioner shall number and place this amendment as appropriate in the constitution omitting this instructional paragraph and may make the following nonsubstantive revisions: change capitalization, hierarchy, spelling, and punctuation for purposes of style and uniformity; correct manifest grammatical, clerical, and typographical errors; revise internal or external citations and cross-references; harmonize language; and translate effective dates. [3]

Support

Supporters

Officials


Arguments

  • State Rep. Jamie Kiel (R-18): "At one point the land was redistributed across the state for local schools so that all schools were treated more equitably. Because of that, school systems own land in parts of the state that are not in their county. It was much more valuable than what it was intended for. It was much more valuable than the use it was currently in. Franklin County has found itself in the same situation. There is land on I-22 that has been managed just for land use, timber use, and hunting rights. That sort of thing, but it has a much more valuable purpose. The land could be used for a hotel or truck stops like other exits on the interstate. Because of that the local counties and governments where that land is situated could have increased revenue from sales tax and property tax if that were to be put to its best use."


Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

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

Types of school lands

Sixteenth section lands are school lands donated to the state by the United States government. Sixteenth section lands can be sold or exchanged by the Commissioner of the State Department of Conservation and Natural Resources with the approval of the governor and state superintendent of education.[2]

Other types of school property include local board of education property, which is owned by the local county or city board of education. The sale of these lands does not involve the state.[2]

State-owned school property, which is owned by the state, is effectively a trust where the state is the trustee with decision-making authority while the county or city board of education is the beneficiary, so, if the property is sold by the state, proceeds go to the county or city board of education.[2]

Franklin County School District

The following map shows Franklin County School District in Alabama, headquartered in Russellville, Alabama.

Path to the ballot

See also: Amending the Alabama Constitution

To put a legislatively referred constitutional amendment before voters, a 60 percent vote is required in both the Alabama State Senate and the Alabama House of Representatives.

House Bill 302 proposing the amendment was approved in the House by a vote of 72-0 with 29 members abstaining and two members not voting on April 9, 2024. The State Senate passed the measure in a vote of 35-0 on May 8, 2024.[1]

Vote in the Alabama House of Representatives
April 9, 2024
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 62  Approveda
YesNoNot voting
Total72031
Total percent69.90%0.00%30.09%
Democrat5023
Republican6708

Vote in the Alabama State Senate
May 8, 2024
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21  Approveda
YesNoNot voting
Total3500
Total percent100.00%0.00%0.00%
Democrat800
Republican2700

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


See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 LegiScan, "Alabama House Bill 302," accessed April 26, 2024
  2. 2.0 2.1 2.2 2.3 2.4 2.5 Alabama Achieves, "STEPS TO BE TAKEN.IN SELLING AND DISPOSING OF STATE-OWNED SCHOOL PROPERTY," accessed June 14, 2024
  3. 3.0 3.1 3.2 3.3 3.4 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
  4. Alabama Secretary of State, "Ballot Statement," accessed July 1, 2024
  5. Justia, "Alabama Code § 17-9-6," accessed July 20, 2024
  6. NAACP Legal Defense Fund, "Alabama Voter Information," accessed July 20, 2024
  7. 7.0 7.1 Alabama Secretary of State, "Voter Registration General Information," accessed July 20, 2024
  8. Alabama Secretary of State, "Election Laws, Section 31-13-28," accessed March 1, 2023
  9. Phone conversation between Amée LaTour and Jeff Elrod, supervisor of voter registration with the Alabama Secretary of State office.
  10. Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
  11. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  12. Justia, "Alabama Code § 17-10-1," accessed July 22, 2024
  13. Alabama Secretary of State, "Absentee Voting Information," accessed July 22, 2024