Alabama Impeachment, Amendment 6 (2016)

Alabama Amendment 6
Election date November 8, 2016
Topic State legislatures measures
Status a Approved
Type Constitutional amendment	Origin State legislature

2016 measures
March 1
Amendment 1 a
November 8
Amendment 1 a
Amendment 2 a
Amendment 3 a
Amendment 4 a
Amendment 5 a
Amendment 6 a
Amendment 7 a
Amendment 8 a
Amendment 9 d
Amendment 10 a
Amendment 11 a
Amendment 12 d
Amendment 13 a
Amendment 14 a
Polls
Voter guides
Campaign finance
Signature costs

The Alabama Impeachment Amendment, also known as Amendment 6, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016. It was approved.

A "yes" vote supported this proposal to require a two-thirds (66.67%) vote in the Alabama State Senate for conviction and impeachment of a state official.

A "no" vote opposed this proposal, leaving the Alabama Constitution unchanged.

Election results

Amendment 6
Result		Votes	Percentage
a Yes		788,399	53.59%
No		682,889	46.41%

Election results from Alabama Secretary of State

Overview

In Alabama, the Alabama State Senate presides over impeachment cases and decides whether to convict and remove state officials. The Alabama House of Representatives is responsible for providing charges of impeachment for consideration by the Senate.

This amendment, while leaving the duties of each legislative branch unchanged, was designed to require a two-thirds (66.67%) vote of the state senators present to convict and impeach a state official. This was the amendment's most notable change and clarification.

The article in place at the time of this election did not specify a voting requirement for impeachment. According to Craig Baab, an advocate for constitutional reform, the the article in place at the time of this election did not specify whether a majority vote of all state senators would be required for impeachment or if majority approval of the senators present to cast a vote would be sufficient.

Other changes included:

• removing the "superintendent of education" from the list of offices subject to impeachment, since the superintendent was changed to an appointed position rather than an elected one;
• adding "members of the State Board of Education," the board in charge of appointing the superintendent of education, to the list of offices subject to impeachment;
• removing other language made irrelevant by changes to state government and state law; and
• removing gender-specific language.

Governor Robert Bentley

Although unrelated, this amendment may have gotten additional attention in 2016 due to the possible impeachment of Gov. Robert Bentley. On March 30, 2016, State Rep. Ed Henry (R) announced his intentions to introduce articles of impeachment against Gov. Robert Bentley based on recordings of Bentley making sexual comments to Rebekah Mason, Bentley's top advisor, during two separate phone conversations.

Craig Baab, constitutional reform project director of the Alabama Appleseed Center, told Ballotpedia that charges of impeachment against Bentley could trigger a debate over whether the Alabama Constitution requires a majority of all Alabama Senators or a majority of present Alabama Senators for impeachment, which may have accentuated this amendment even though the amendment and the impeachment effort were not directly connected.

Click here for Ballotpedia's comprehensive coverage of the Bentley investigation »

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article VII, Impeachments.

”

Constitutional changes

This amendment was designed to repeal and replace Article VII of the Alabama Constitution.

The version that this amendment was designed to enact is shown below with the text underlined. Below that, the version of Article VII effective as of 2016 is displayed with the text stricken through.

Section 173

The Governor, Lieutenant Governor, Attorney General, State Auditor, Secretary of State, State Treasurer, members of the State Board of Education, Commissioner of Agriculture and Industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith. (b) The House of Representatives shall present articles or charges of impeachment against those persons identified in subsection (a), specifying the cause to the Senate. (c) The Senate, sitting as a court of impeachment, shall take testimony under oath on articles or charges preferred by the House of Representatives. (d) The Lieutenant Governor shall preside over the Senate when sitting as a court of impeachment, provided, however, that if the Governor or Lieutenant Governor is impeached, the Chief Justice, or if the Chief Justice be absent or disqualified, then one of the associate justices of the supreme court, to be selected by the court, shall preside over the Senate when sitting as a court of impeachment. No person may be convicted by the Senate sitting as a court of impeachment without the concurrence of two-thirds of the members present. (e) If at any time when the Legislature is not in session, a majority of all the members elected to the House of Representatives shall certify in writing to the Secretary of State their desire to meet to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor, it shall be the duty of the Secretary of State immediately to notify the Speaker of the House who, within 10 days after receipt of the notice, shall summon the members of the House to assemble at the capitol on a day to be fixed by the Speaker, but not later than 15 days after receipt of the notice by the Speaker from the Secretary of State, to consider the impeachment of the Governor, Lieutenant Governor, or other officer administering the office of Governor. (f) If the House of Representatives prefers articles of impeachment, the Speaker of the House shall forthwith notify the Lieutenant Governor, unless he or she is the officer impeached, in which event the President Pro Tempore of the Senate shall be notified, who shall summon the members of the Senate to assemble at the capitol on a specified day not later than 10 days after receipt of the notice from the Speaker of the House, for the purpose of hearing and trying the articles of impeachment against the Governor, Lieutenant Governor, or other officer administering the office of Governor, as may be preferred by the House of Representatives. Section 174. The judges of the district and circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, district attorneys, and sheriffs, may be removed from office for any of the causes specified in Section 173 or elsewhere in this constitution, by the supreme court, or under such regulations as may be prescribed by rule of the Supreme Court of Alabama or law. The Legislature may provide for the impeachment or removal of other officers than those named in this article. Section 175. A county officer and officer of an incorporated city or town may be tried for impeachment for any of the causes specified in Section 173 and upon conviction be removed from office by a court having jurisdiction to try felony cases in the county or circuit in which the officer holds his or her office. The Legislature shall provide by law the method of proceeding under this section, provided the right to trial by jury and appeal in such cases shall be secured. Section 176. The penalties in cases arising under this article does not extend beyond removal from office, and disqualifications from holding office, under the authority of this state, for the term for which the officer was elected or appointed; but the accused shall be liable to indictment and punishment as prescribed by law.

Section 173:

Governor, Lieutenant-Governor, Attorney-General, State Auditor, Secretary of State, State Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries and Justices of Supreme Court The governor, lieutenant-governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education, commissioner of agriculture and industries, and justices of the supreme court may be removed from office for willful neglect of duty, corruption in office, incompetency, or intemperance in the use of intoxicating liquors or narcotics to such an extent, in view of the dignity of the office and importance of its duties, as unfits the officer for the discharge of such duties, or for any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the senate sitting as a court of impeachment, under oath or affirmation, on articles or charges preferred by the house of representatives. When the governor or lieutenant-governor is impeached, the chief justice, or if he be absent or disqualified, then one of the associate justices of the supreme court, to be selected by it, shall preside over the senate when sitting as a court of impeachment. If at any time when the legislature is not in session, a majority of all the members elected to the house of representatives shall certify in writing to the secretary of state their desire to meet to consider the impeachment of the governor, lieutenant-governor, or other officer administering the office of governor, it shall be the duty of the secretary of state immediately to notify the speaker of the house, who shall, within ten days after receipt of such notice, summon the members of the house, by publication in some newspaper published at the capitol, to assemble at the capitol on a day to be fixed by the speaker, not later than fifteen days after the receipt of the notice to him from the secretary of state, to consider the impeachment of the governor, lieutenant-governor, or other officer administering the office of governor. If the house of representatives prefer articles of impeachment, the speaker of the house shall forthwith notify the lieutenant-governor, unless he be the officer impeached, in which event he shall notify the secretary of state, who shall summon, in the manner herein above provided for, the members of the senate to assemble at the capitol on a day to be named in said summons, not later than ten days after receipt of the notice from the speaker of the house, for the purpose of organizing as a court of impeachment. The senate, when thus organized, shall hear and try such articles of impeachment against the governor, lieutenant-governor, or other officer administering the office of governor, as may be preferred by the house of representatives. Section 174 Chancellors, Judges of Circuit and Probate Courts, Judges of Courts from Which Appeal May Be Taken Directly to Supreme Court, Solicitors and Sheriffs The chancellors, judges of the circuit courts, judges of the probate courts, and judges of other courts from which an appeal may be taken directly to the supreme court, and solicitors and sheriffs, may be removed from office for any of the causes specified in the preceding section or elsewhere in this Constitution, by the supreme court, under such regulations as may be prescribed by law. The legislature may provide for the impeachment or removal of other officers than those named in this article. Section 175: Clerks of Circuit Courts, Courts of Like Jurisdiction and Criminal Courts, Tax Collectors, Tax Assessors, Judges of Inferior Courts, Coroners, Justices of the Peace, Notaries Public, Constables and County and Municipal Officers The clerks of the circuit courts, or courts of like jurisdiction, and of criminal courts, tax collectors, tax assessors, county treasurers, county superintendents of education, judges of inferior courts created under authority of section 168 of this Constitution, coroners, justices of the peace, notaries public, constables, and all other county officers, mayors, intendants, and all other officers of incorporated cities and towns in this state, may be removed from office for any of the causes specified in section 173 of this Constitution, by the circuit or other courts of like jurisdiction or a criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law; provided, that the right of trial by jury and appeal in such cases shall be secured. Section 176: Limitation on Impeachment Penalties; Accused Person Liable to Indictment and Punishment The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualifications from holding office, under the authority of this state, for the term for which the officer was elected or appointed; but the accused shall be liable to indictment and punishment as prescribed by law.

Full text

The full text of Amendment 6 could be found here.

Support

Supporters

Rep. Juandalynn Givan (D-60) was the primary sponsor of Amendment 6 in the Alabama State Legislature.

Opposition

Sen. Dick Brewbaker (R-25), Rep. Tim Wadsworth (R-14) , and Isaac Whorton (R-38) voted against Amendment 6 in the Alabama State Legislature.

Opponents

• State Auditor Jim Zeigler

Arguments

• State Auditor Jim Zeigler argued that Amendment 4 would "make it impossible" to impeach the governor, saying the following:

“

It simply places the bar of impeachment at two-thirds for conviction in the state Senate, and voters do not know that [...] I believe if they did know that they would soundly vote no on Amendment 6.

”

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

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

As of February 1, 2017, no ballot question committees registered to support or oppose Amendment 6.

Background

Amendment 6 addresses the topic of state legislatures measures. Prior to 2016, fifteen other measures had appeared on Alabama statewide ballots going back to Amendment 2 in 1908, which proposed that the legislature meet biennially on the second Tuesday in January following their election and shall remain in session for not more than 50 days. Most recently, Amendment 8 in 2012 provided that the compensation paid to legislators would not increase during term of office. The measure also established the basic compensation of the Legislature at the median household income in the state and required legislators to submit signed vouchers for reimbursement for expenses.

In 2016, three other states featured measures addressing state legislatures measures. North Dakota Measure 1 was designed to require that state legislators remain residents of the legislative districts in which they serve for the entirety of their term, and starting at least 30 days prior to the election. California Proposition 50 was designed to stop salaries, pension benefits, and other rights and privileges for a state legislator who is suspended through a two-thirds vote in the respective chamber of the state legislature. And, Idaho HJR 5 was designed to include the legislative power to review, approve, and reject administrative rules in the legislature in the state constitution.

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. If the amendment is approved by a simple majority of the electorate, it becomes part of the constitution.

The amendment, titled House Bill 336 (HB 336) in the Alabama Legislature, was introduced by Rep. Juandalynn Givan (D-60). On April 9, 2015, the Alabama House of Representatives approved HB 336, with 79 voting "yea" and two voting "nay." The Alabama Senate took up the amendment on May 19, 2015, and the chamber passed it 29 to one.

House vote

April 9, 2015

Alabama HB 336 House Vote
Result		Votes	Percentage
a Yes		79	97.53%
No		2	2.47%

Senate vote

May 19, 2015

Alabama HB 336 Senate Vote
Result		Votes	Percentage
a Yes		29	96.67%
No		1	3.33%

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:

Related measures

No measures concerning State legislatures measures are certified for the ballot in 2016. They will be listed below if and when any are certified for the ballot.

Recent news

The link below is to the most recent stories in a Google news search for the terms Alabama Impeachment Amendment 6. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Alabama Impeachment, Amendment 6 (2016) - Google News

See also

Suggest a link

• Alabama 2016 ballot measures
• 2016 ballot measures
• Alabama Legislature
• Robert Bentley ethics investigation, 2016

External links

• House Bill 336

Footnotes

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