Alabama Amendment 2, Judicial System Restructuring Measure (2020)

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

Alabama Amendment 2, the Judicial System Restructuring Measure, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 3, 2020. It was defeated.

A "yes" vote supported revising multiple sections of the state constitution concerning the state judiciary, including removing the authority of the Chief Justice of the Alabama Supreme Court to hire the administrative director of courts and giving that authority to the Alabama Supreme Court as a whole.

A "no" vote opposed this amendment revising sections concerning the state judiciary, thereby preserving existing provisions, including the authority of the Chief Justice of the Alabama Supreme Court to hire the administrative director of courts.

Election results

Alabama Amendment 2
Result		Votes	Percentage
Yes		881,145	48.94%
No		919,380	51.06%

Results are officially certified.

Source

Overview

What would Amendment 2 have done?

See also: Measure design

Amendment 2 would have removed the authority of the Chief Justice of the Alabama Supreme Court to hire the Administrative Director of Courts and give that authority to the Alabama Supreme Court as a whole. The Administrative Director of Courts is the executive that oversees the state court system. The bill was designed to also remove the ability of the Legislature to impeach judges, leaving judicial removal in the hands of the Judicial Inquiry Commission (JIC) and the Court of Judiciary, which rules on judicial complaints. The measure was designed to change punishments for judges. As of 2020, state judges were suspended when the JIC refers a complaint against the judge to the Court of the Judiciary. Under the measure, the suspension could only have taken place if two-thirds of the JIC agreed that the judge is physically or mentally incapable of carrying out judicial duties, or poses a threat of harm to the public or the administration of justice.

Amendment 2 was designed to make changes to the state's judicial system concerning court systems and procedures. Some changes made by the amendment would have included increasing the membership of the Judicial Inquiry Commission from nine to 11 members, removing the Lieutenant Governor's authority to make appointments to the Alabama Court of the Judiciary, allowing the procedure of filling judicial vacancies to be changed by local constitutional amendment, and requiring state supreme court recommendations in order for the state legislature to change the number of circuit or district court judges or judicial district boundaries.

How did this measure get on the ballot?

See also: Path to the ballot

Republican Senator Arthur Orr of Alabama State Senate District 3 sponsored this amendment in the Senate.

In Alabama, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session. On April 30, 2019, the Senate passed the amendment unanimously. On May 14, 2019, the House approved the amendment in a vote of 92-6.

In both the Senate and the House, legislators considered including a change to the mandatory retirement age of judges. Amendments proposed changing the age after which judges could not run for election or run for another term from 70 to 75. The increased mandatory retirement age amendment to SB 216 was rejected.

Measure design

Judicial system changes

This measure was designed to make changes to the state's judicial system concerning court systems and procedures. The amendment would have made the following changes:

• give the authority to appoint an administrative director of courts to the state supreme court as a whole rather than the chief justice and require the legislature to establish procedures for such an appointment;
• delete the requirement that a district court hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court;
• increase the membership of the Judicial Inquiry Commission from nine to 11 members;
• repeal Amendment 580 of the state constitution which provides for the impeachment of state supreme court justices and appellate judges and the removal of various state and local judges; and
• allow the procedure of filling judicial vacancies to be changed by local constitutional amendment; and
• require the recommendation of the state supreme court if the state legislature introduces a bill to change the number of circuit or district court judges or to change the judicial district boundaries.

Judicial Inquiry Commission composition

The amendment would have changed the composition of the Judicial Inquiry Commission to include 11 rather than 9 members. The amendment would have provided that the Probate Judge's Association and the Municipal Judge's Association can each appoint a member. The amendment was also designed to remove the authority of the Lieutenant Governor to appoint one member to the court.

The amendment was designed to add a requirement that, when nominating members, every effort shall be made to "coordinate appointments to assure court membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation."

The following table compares the composition of the Alabama Judicial Inquiry Commission going into the election with the proposed composition under the amendment.

Current composition (9 members)

Proposed composition (11 members)

one judge of an appellate court who is selected by the state supreme court; two judges of the circuit court who are selected by the Circuit Judges' Association; two members of the State Bar who are selected by the governing body of the State Bar; three persons who are not lawyers and who are appointed by the Governor; and one district judge who is appointed by the Lieutenant Governor.

one judge of an appellate court who serves as Chief Judge of the Court of the Judiciary and who is selected by the state supreme court; two judges of the circuit court, who are selected by the Circuit Judges' Association; one district judge who is selected by the District Judges' Association; three persons who are not lawyers and who are appointed by the Governor; two members of the State Bar who are selected by the governing body of the State Bar; one judge selected by the Probate Judges' Association; and one judge selected by the Municipal Judges' Association.

Court of the Judiciary composition

The amendment was designed to change the composition of the Alabama Court of the Judiciary so that three (instead of two) persons are appointed by the governor. The amendment would have removed the authority of the Lieutenant Governor to appoint one member to the court.

The amendment was designed to add a requirement that, when nominating members to the Court of the Judiciary, every effort shall be made to "coordinate appointments to assure court membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state without regard to political affiliation."

Text of measure

Ballot title

The ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to increase the membership of the Judicial Inquiry Commission and further provide for the appointment of the additional members; further provide for the membership of the Court of the Judiciary and further provide for the appointment of the additional members; further provide for the process of disqualifying an active judge; repeal provisions providing for the impeachment of Supreme Court Justices and appellate judges and the removal for cause of the judges of the district and circuit courts, judges of the probate courts, and judges of certain other courts by the Supreme Court; delete the authority of the Chief Justice of the Supreme Court to appoint an Administrative Director Courts; provide the Supreme Court of Alabama with authority to appoint an Administrative Director of Courts; require the Legislature to establish procedures for the appointment of the Administrative Director of Courts; delete the requirement that a district court hold court in each incorporated municipality with a population of 1,000 or more where there is no municipal court; provide that the procedure for the filling of vacancies in the office of a judge may be changed by local constitutional amendment; delete certain language relating to the position of constable holding more than one state office; delete a provision providing for the temporary maintenance of the prior judicial system; repeal the office of circuit solicitor; and make certain nonsubstantive stylistic changes.

”

Ballot summary

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

“ This amendment proposes six changes to the state’s judicial system. In summary, this amendment: 1. Provides that county district courts do not have to hold city court in a city with a population of less than 1,000; 2. Allows the Alabama Supreme Court, rather than the Chief Justice, to appoint the Administrative Director of Courts; 3. Increases from 9 to 11 the total membership of the Judicial Inquiry Commission and determines who appoints each member (the Judicial Inquiry Commission evaluates ethics complaints filed against judges); 4. Allows the Governor, rather than the Lieutenant Governor, to appoint a member of the Court of the Judiciary (the Court of the Judiciary hears complaints filed by the Judicial Inquiry Commission); 5. Prevents a judge from being automatically disqualified from holding office simply because a complaint was filed with the Judiciary Inquiry Commission; and 6. Provides that a judge can be removed from office only by the Court of the Judiciary. If a majority of voters vote “yes” on Amendment 2, these provisions become law. If a majority of voters vote “no” on Amendment 2, there will be no change to current law. There is no cost for Amendment 2. The Constitutional authority for passage of Amendment 2 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: Alabama Constitution

The full text is available here.

The measure would have amended the Alabama Constitution. The following underlined text would have been added and struck-through text deleted:

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

Insert the text of the quote here, without quotation marks.

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 state legislature wrote the ballot language for this measure. The FKGL for the ballot title is grade level 13, and the FRE is 34. The word count for the ballot title is 235, and the estimated reading time is 1 minute 2 seconds.

Support

Supporters

Officials

• Alabama State Senator Arthur Orr (R)

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

Alabama Court of the Judiciary

The Alabama Court of the Judiciary, established in December of 1973, is a constitutionally mandated court component of the state judicial disciplinary agency in Alabama. The court convenes to hear complaints filed by the Alabama Judicial Inquiry Commission, and has the authority to sanction, censure, suspend, remove or retire judges who have committed misconduct or are incapacitated.

Alabama Judicial Inquiry Commission

The Alabama Judicial Inquiry Commission is a constitutionally mandated state judicial disciplinary agency in Alabama. The commission meets permanently and has the authority to receive or initiate complaints and conduct investigations concerning misconduct or incapacitation of any state judge. Cases investigated by the commission may eventually end up before the Alabama Court of the Judiciary.

Senate Bill 105 of 2017

Like this amendment, Senate Bill 105 of 2017, sponsored by Senator Greg Albritton (R), was designed to remove the power to appoint the Administrative Director of the Courts away from the Chief Justice. Instead, the administrator would be appointed by a vote of the majority of the justices on the Supreme Court. The Alabama Political Reporter had reported that Sen. Albritton argued that the change would give more stability to the court system, ending chaos in the courts when chief justices come and go, appointing new administrative directors each time. Former Chief Justice of the Alabama Supreme Court Roy Moore (R) opposed the measure. Moore said, “This is the chief appointment that the Chief Justice makes. He has to work with the Administrative Director every day. I strongly object to this bill.”

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 constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

This amendment was introduced as Senate Bill 216 by Sen. Arthur Orr (R-3) on April 2, 2019. On April 30, 2019, the Senate passed the amendment unanimously. Seven senators (five Republicans and two Democrats) were absent or not voting. To pass in the House, the amendment needed to garner 63 votes. On May 14, 2019, the state House approved the amendment 92-6, with six not voting or absent and one vacancy. The Alabama House of Representatives was comprised of 28 Democrats and 76 Republicans at the time of this vote.

In both the Senate and the House, legislators considered including a change to the mandatory retirement age of judges. Amendments proposed changing the age after which judges could not run for election or run for another term from 70 to 75. The increased mandatory retirement age amendment to SB 216 was rejected.

Vote in the Alabama State Senate April 30, 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	28	0	7
Total percent	80.00%	0.00%	20.00%
Democrat	6	0	2
Republican	22	0	5

Vote in the Alabama House of Representatives May 14, 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	92	6	6
Total percent	88.5%	5.8%	5.8%
Democrat	26	0	2
Republican	66	6	4

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

• SB 216 overview
• SB 216 full text