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Alabama Prohibit Diminishing District Attorney Compensation During Term of Office Amendment (May 2026)
Alabama Prohibit Diminishing District Attorney Compensation During Term of Office Amendment | |
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Election date |
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Topic Salaries of government officials |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
The Alabama Prohibit Diminishing District Attorney Compensation During Term of Office Amendment is on the ballot in Alabama as a legislatively referred constitutional amendment on May 19, 2026.
A "yes" vote supports prohibiting any reduction in a district attorney's compensation during their term in office. |
A "no" vote opposes prohibiting any reduction in a district attorney's compensation during their term in office. |
Overview
What would the amendment do?
- See also: Constitutional changes
The ballot measure would prohibit decreasing the salary or compensation of district attorneys during his or her term of office.[1] The state constitution provides that the salary and compensation of district attorneys is determined by the state legislature in Alabama law. For more information on the laws determining district attorney salaries in Alabama, click here.
As the ballot measure would change the state constitution, it must be approved by voters to become law. A simple majority vote (50% plus 1) from voters is required to approve constitutional amendments.
How was the amendment placed on the ballot?
- See also: Path to the ballot
A 60% vote from both chambers of the Alabama State Legislature is required during one legislative session to place a constitutional amendment on the ballot. On February 27, 2025, the amendment, introduced as House Bill 354 (HB 354), was read for the first time and referred to the House Committee on Ways and Means General Fund. It was passed out of the committee with a Do Pass recommendation. On April 1, the state House approved the amendment in a vote of 101-0. On May 6, 2025, the state Senate passed the amendment in a vote of 29-1.[2] Amendments do not require the governor's signature to be referred to the ballot. The text of HB 354 stated that it would be placed on the ballot for the May 26, 2026 election. [1]
Text of measure
Ballot title
The ballot title for the amendment is below.[1]
“ |
Proposing an amendment to the Constitution of Alabama of 2022, to provide that the compensation of a district attorney may not be diminished during his or her term of office. Proposed by Act 2025-291. ( ) YES ( ) NO[3] |
” |
Constitutional changes
- See also: Article VI, Alabama Constitution
The amendment would amend Section 160 of Article VI of the state constitution.[1]
Note: Hover over the text and scroll to see the full text.
(a) A district attorney for each judicial circuit shall be elected by the qualified electors of those counties in such the circuit. Such The district attorney shall be licensed to practice law in this state and shall, at the time of his or her election and during his or her continuance in office, shall reside in his or her circuit. His The term of office shall be for six years. and he He or she shall receive such compensation as provided by law; provided, the compensation shall not be diminished during his or her official term. Vacancies in the office of district attorney and in his or her staff shall be filled as provided by law.
(b) Clerks of the circuit courts shall be elected by the qualified electors in each county for a term of six years. If the office of register in chancery continues to be provided by law then the clerk of the circuit court may also fill such the office in a manner prescribed by law. Vacancies in the office of clerk of the circuit court shall be filled by the judge or judges of the circuit court who have jurisdiction over the county in which the office of clerk of the circuit court is located.
(c) Persons Individuals elected to the position of constable to assist the courts of the state as provided by law shall be subject to the same restrictions, rights, and limitations as are specified in section Section 280 of the Constitution of 1901 Alabama of 2022, and no law shall prohibit the receipt of fees for the performance of official duties of said the position while holding any other elected or appointed office.
(d) The revenue from fines, forfeitures, and court costs produced in district courts from the exercise of jurisdiction under municipal ordinances shall be apportioned between the municipality and the state as shall be provided by law.
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
- State Rep. Jim Hill (R)
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Opposition
Opponents
Ballotpedia did not locate a campaign in opposition to the ballot measure.
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
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
District attorney salaries in Alabama
In 2025, the Alabama State Legislature passed House Bill 353.[4] The law required that new district attorneys receive an initial salary equivalent to an incoming circuit court judge. As of 2025, the salary of a circuit court judge was $140,000, though this number is determined by the Alabama Administrative Office of Courts.[4] After each term completed as a district attorney, their salary is increased by 7.5%. The 7.5% pay increase is only set for the first four terms as a district attorney, though there are no term limits for district attorneys in Alabama.
Alabama district attorneys are elected by the constituents. Only three states, Connecticut, Alaska, and New Jersey, do not elect their district attorneys.[5] There are 41 separate judicial circuits in the state of Alabama.[6] Each has its own elected district attorney that serve six year terms.
District attorney salaries in other states
The four states that surround Alabama do not have provisions in their state constitutions that govern the salary of district attorneys. The only laws on their salaries are in state statutes. Below are the salaries of district attorneys in states surrounding Alabama:
- In Georgia, there is no set salary for district attorneys. The law only requires that they be paid based on a state government salary step system.[7]
- In Mississippi, the annual salary for district attorneys is $134,400.[8]
- In Tennessee, the annual salary for district attorneys is $205,328. Raises are calculated to reflect the average pay increase provided for state employees by the general appropriations act.[9]
- In Florida, salaries are provided in the General Appropriations Act, which is the yearly state budget. Raises and decreases for district attorneys' pay vary each year based on revenue allocated by the state legislature.[10]
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.
House Bill 354 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[2]
- February 27, 2025: The amendment was read for the first time and referred to the House Committee on Ways and Means General Fund.
- April 1, 2025: The amendment was passed in the House by a vote of 101-0 with three members not voting and one vacancy.[11]
- May 6, 2025: The Senate passed the amendment in a vote of 29-1 with four members absent or not voting and one vacancy.
Votes Required to Pass: 63 | |||
Yes | No | NV | |
---|---|---|---|
Total | 101 | 0 | 3 |
Total % | 97.1% | 0.0% | 2.9% |
Democratic (D) | 28 | 0 | 1 |
Republican (R) | 73 | 0 | 2 |
Votes Required to Pass: 23 | |||
Yes | No | NV | |
---|---|---|---|
Total | 29 | 1 | 4 |
Total % | 85.3% | 2.9% | 11.8% |
Democratic (D) | 7 | 0 | 1 |
Republican (R) | 22 | 1 | 3 |
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.
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Alabama Legislature, "House Bill 354," accessed May 18, 2025
- ↑ 2.0 2.1 The Alabama Legislature, "HB354," accessed July 2, 2025
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 Alabama Legislature, "House Bill 353 Full Text," accessed June 25, 2025
- ↑ Ignite International, "Local Politics 101: The Role of a District Attorney," accessed June 25, 2025
- ↑ Alabama State Bar, "Alabama's Court System," accessed June 25, 2025
- ↑ LexisNexis Georgia General Assembly, "O.C.G.A. § 15-18-19," accessed June 26, 2025
- ↑ LexisNexis Mississippi Code Public Access, "Miss. Code Ann. § 25-3-35," accessed June 26, 2025
- ↑ LexisNexis Mississippi Code Public Access, "Tenn. Code Ann. § 8-7-105," accessed June 26, 2025
- ↑ Florida Senate, "Conference Report on Senate Bill 2500," accessed June 26, 2025
- ↑ LegiScan, "Alabama House Bill 354," accessed April 3, 2025
- ↑ Justia, "Alabama Code § 17-9-6," accessed July 20, 2024
- ↑ NAACP Legal Defense Fund, "Alabama Voter Information," accessed July 20, 2024
- ↑ 14.0 14.1 Alabama Secretary of State, "Voter Registration General Information," accessed July 20, 2024
- ↑ Alabama Secretary of State, "Election Laws, Section 31-13-28," accessed March 1, 2023
- ↑ Phone conversation between Amée LaTour and Jeff Elrod, supervisor of voter registration with the Alabama Secretary of State office.
- ↑ Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
- ↑ 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."
- ↑ Justia, "Alabama Code § 17-10-1," accessed July 22, 2024
- ↑ Alabama Secretary of State, "Absentee Voting Information," accessed July 22, 2024
- ↑ Search Terms: Bills - Search all Sessions, "HB354"