Alabama Amendment 3, Judicial Vacancies Measure (2020)

Alabama Amendment 3
Election date November 3, 2020
Topic State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Alabama measuresAlabama Amendment 1Alabama Amendment 2Alabama Amendment 3Alabama Amendment 4Alabama Amendment 5Alabama Amendment 6Submit

Alabama Amendment 3, the Judicial Vacancies Measure, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported amending the Alabama Constitution to provide that a judge, other than a probate judge, appointed to fill a vacancy would serve an initial term until the first Monday after the second Tuesday in January following the next general election after the judge has completed two years in office (rather than one year).

A "no" vote opposed amending the Alabama Constitution, thus keeping the current requirements that a judge appointed to fill a vacancy would serve an initial term until the first Monday after the second Tuesday in January following the next general election after the judge has completed one year in office, or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer.

Election results

Alabama Amendment 3
Result		Votes	Percentage
Yes		1,193,532	64.84%
No		647,305	35.16%

Results are officially certified.

Source

Overview

What did Amendment 3 change?

See also: Constitutional changes and ballot language

Amendment 3 was designed to provide that a district court or circuit court judge appointed to fill a vacancy serves until a replacement is elected at the next general election following at least two years from his or her appointment. Going into the election, a judge appointed to fill a vacancy serves an initial term of one year in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer.

Process going into the election vs. process under the amendment:

Process going into the election:

In this situation, the appointee serves for five months before he or she must face election.

• A judge is elected in November of 2018 and assumes office in January 2019.
• The judge dies or is removed in late September 2019 and the seat becomes vacant.
• An appointee is appointed and assumes office on October 15, 2019.
• The next general election more than one year away is November 2020, so the appointee must face election in the primary on March 3, 2020.

Process under the amendment:

In this situation, the appointee serves for two years and four months before he or she must face election.

• A judge is elected in November of 2018 and assumes office in January 2019.
• The judge dies or is removed in late September 2019 and the seat becomes vacant.
• An appointee is appointed and assumes office on October 15, 2019.
• The next general election more than two years away is November 2022, so the appointee must face election in the primary on March 5, 2022.

How did Amendment 3 get on the ballot?

See also: Path to the ballot

In Alabama, a 60 percent vote is needed in each chamber of the Alabama State Legislature to refer a constitutional amendment to the ballot for voter consideration. Rep. David Faulkner (R-46) introduced the constitutional amendment as House Bill 505 (HB 505) during the 2019 legislative session. On May 23, 2019, the Alabama House of Representatives approved HB 505 in a vote of 97-0 with seven members not voting or absent. On May 31, 2019, the Alabama Senate approved the measure in a vote of 27-4 with four members absent or not voting.

How were judicial vacancies filled in Alabama as of 2020?

See also: Background

As of 2020, should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office. Some counties in Alabama— including Baldwin, Jefferson, Madison, Mobile, Talladega, and Tuscaloosa— use judicial nominating commissions to fill vacancies. The governor chooses his or her appointee from a pool of the commission's nominees. Each county individually determines the size, composition, and procedures for its nominating commission.

Text of measure

Ballot title

The ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to provide that a judge, other than a judge of probate, appointed to fill a vacancy would serve an initial term until the first Monday after the second Tuesday in January following the next general election after the judge has completed two years in office.

”

Ballot summary

The plain language summary provided by the state's Fair Ballot Commission was as follows:

“ This amendment changes the initial term of a judge that is appointed to fill a vacancy due to death, resignation, retirement, or removal. The current law and this proposed amendment do not apply to probate judges. Under current law, the initial term of office for a person appointed to fill a vacancy in a judgeship shall last until the first Monday after the second Tuesday in January following the next general election held after the person has completed one year in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer. The term of the appointment could vary widely due to the years left in the original term. At the election, the judicial office shall be filled for a full term. Under this amendment, a judge appointed to fill a vacancy shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after the person has completed two years in office. At the election, the judicial office shall be filled for a full term. If the majority of the voters vote “yes” on Amendment 3, the initial appointment to fill a judicial vacancy will last until the first Monday after the second Tuesday in January after two years of service before a general election to fill the judicial office. If the majority of the voters vote “no” on Amendment 3, then the length of appointment to fill a judicial vacancy will not change. There is no costs to Amendment 3. The Constitutional authority for passage of Amendment 3 is set forth in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote. ”

Constitutional changes

See also: Amendments, Alabama Constitution

The measure amended Amendment 328 of the Alabama Constitution. The following underlined text was added and struck-through text was deleted:

The office of a judge shall be vacant if he dies, resigns, retires, or is removed. Vacancies in any judicial office shall be filled by appointment by the governor; however, except for the provisions for the initial term of a judge appointed to fill a vacancy as provided herein, vacancies occurring in any judicial office in Jefferson county shall be filled as now provided by amendments 83 and 110 to the Constitution of Alabama of 1901 and vacancies occurring in Shelby, Madison, Wilcox, Monroe, Conecuh, Clarke, Washington, Henry, Etowah, Walker, Tallapoosa, Pickens, Greene, Tuscaloosa, St. Clair county shall be filled as provided in the Constitution of 1901 with amendments now or hereafter adopted, or as may be otherwise established by a properly advertised and enacted local law. A Notwithstanding any other provision of any amendment to this Constitution, a judge, other than a probate judge, appointed to fill a vacancy, shall serve an initial term lasting until the first Monday after the second Tuesday in January following the next general election held after he has completed one year two years in office or the remainder of the original term of the judge elected to the office which is vacant, whichever is longer. At such the election such the judicial office shall be filled for a full term of office beginning at the end of the appointed term.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Alabama State Legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 25, and the FRE is 10. The word count for the ballot title is 54, and the estimated reading time is 14 seconds.

Support

Supporters

Officials

• Alabama State Representative David Faulkner (R)

Arguments

• State Representative David Faulkner (R-46): In a phone call with Balloptedia staff, Faulkner said that the bill was designed to extend the amount of time an appointee could serve before needing to face election. Faulkner said many lawyers would be reluctant to leave their private law practices to take a vacancy appointment if they would have to stand for election in a matter of months.

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

Ballotpedia did not identify committees registered to support or oppose the amendment. If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

Judicial selection in Alabama as of 2020

See also: Judicial selection in Alabama and Courts in Alabama

Judges in Alabama

Alabama selects state court judges by partisan elections. The appellate and general jurisdiction courts share policies on judge qualifications, term length (six years), re-election and the filling of interim vacancies; they differ only in their selection of the chief justice or judge. Likewise, the limited jurisdiction courts function largely the same across the board, differing primarily in judge qualifications. Judges' terms begin on the first Monday after the second Tuesday in January following their election.

Judicial vacancies in Alabama

Should a vacancy occur between regularly scheduled elections, which take place in November of even-numbered years, an interim judge is appointed by the governor. Any judge appointed in this fashion must then stand for election in the next general election occurring at least one year after taking office. Some counties in Alabama— including Baldwin, Jefferson, Madison, Mobile, Talladega, and Tuscaloosa— use judicial nominating commissions to fill vacancies. The governor chooses his or her appointee from a pool of the commission's nominees. Each county individually determines the size, composition, and procedures for its nominating commission.

Alabama Circuit Courts and District Courts

This amendment would affect the Alabama Circuit Courts and Alabama District Courts.

There are 67 counties in Alabama, which are divided into 41 judicial circuits. These courts are where the majority of legal matters in Alabama can be addressed. The Circuit Courts have jurisdiction over all felony prosecutions and in proceedings where the disputed amount is more than $10,000. They may also exercise jurisdiction in juvenile courts, in proceedings where the disputed amount is more than $3,000, and in certain appeals from lower courts. There are 144 judges on the Alabama Circuit Courts, each elected to six-year terms. The circuit courts share the Alabama Supreme Court's regulations on re-election and interim vacancies, but they differ in the areas of chief judge selection and judicial qualifications. Unlike the supreme court, the chief judge of a circuit court is selected by peer vote and serves a three-year term.

The Alabama District courts handle the cases where the dollar amount in question is more than $3,000 (small claims) but less than $10,000 (circuit court). District courts also have jurisdiction over criminal misdemeanors and preliminary hearings in felony prosecutions. There are 67 district courts and 98 district court judges in Alabama who are each elected to six-year terms. The elections for this court are partisan contested elections. To serve on this court, a judge must have been licensed to practice law for three years.

Referred amendments on the ballot

From 1996 through 2018, the state legislature referred 95 constitutional amendments to the ballot. All but six of the amendments appeared on the ballot during even-numbered years. From 1998 to 2018, the number of measures on the statewide ballot during even-numbered years ranged from four to 15. Of the 89 measures that appeared on the ballot during even-numbered years, voters approved 81% (72 of 89) of the amendments and rejected the other 19% (17 of 89).

Legislatively-referred constitutional amendments, 1998-2018 (even-numbered years)
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
89	72	81%	17	19%	8	6	4	15

Path to the ballot

See also: Amending the Alabama Constitution

In Alabama, a 60 percent vote is needed in each chamber of the Alabama State Legislature to refer a constitutional amendment to the ballot for voter consideration.

Rep. David Faulkner (R-46) introduced the constitutional amendment as House Bill 505 (HB 505) during the 2019 legislative session. On May 23, 2019, the Alabama House of Representatives approved HB 505 in a vote of 97-0 with seven members not voting or absent. On May 31, 2019, the Alabama Senate approved the measure in a vote of 27-4 with four members absent or not voting. The amendment received a total of four no votes in the legislature. The no votes came from Republican Senators Arthur Orr (R-3), Cam Ward (R-14), Clay Scofield (R-9), and Dan Roberts (R-15).

Vote in the Alabama House of Representatives May 23, 2019
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 63  a
	Yes	No	Not voting
Total	97	0	7
Total percent	93.27%	0.00%	6.73%
Democrat	24	0	4
Republican	73	0	3

Vote in the Alabama State Senate May 31, 2019
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	27	4	4
Total percent	77.14%	11.43%	11.43%
Democrat	7	0	1
Republican	20	4	3

How to cast a vote

See also: Voting in Alabama

Click "Show" to learn more about voter registration, identification requirements, and poll times in Alabama.

How to cast a vote in Alabama

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. 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 requirements 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

See also

2020 measures

• 2020 ballot measures
• State judiciary on the ballot

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

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

External links

• Alabama House Bill 505 (2019)