Alabama Amendment 5, Remove Orphans' Business from Probate Court Jurisdiction Amendment (2022)

Alabama Amendment 5
Election date November 8, 2022
Topic State judiciary
Status a Approved
Type Constitutional amendment	Origin State legislature

Alabama Amendment 5, the Remove Orphans' Business from Probate Court Jurisdiction Amendment, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 8, 2022. It was approved.

A "yes" vote supported removing orphans' business from the jurisdiction of county probate courts.

A "no" vote opposed removing orphans' business from the jurisdiction of county probate courts.

Election results

Alabama Amendment 5
Result		Votes	Percentage
Yes		780,480	68.71%
No		355,467	31.29%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Ballot language and constitutional changes

Amendment 5 was designed to remove orphans' business from the jurisdiction of county probate courts. County probate courts were set to remain responsible for adoptions, guardianships, and granting letters of testamentary.

How did this measure get on the ballot?

See also: Path to the ballot

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 passed in the Senate by a vote of 28-0 with six senators voting pass on February 11, 2021. The measure was passed in the House on April 15, 2021, by a vote of 90-0 with 13 representatives voting pass.

Text of measure

Ballot title

The ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, to delete a provision giving the probate court of each county general jurisdiction over orphans' business. (Proposed by Act 2021-202) Yes ( ) No ( )

”

Ballot summary

The Alabama Fair Ballot Commission wrote the following ballot statement:

“ If the majority of the voters vote “yes” on Amendment 5, the outdated words “orphans’ business” will be removed from the Alabama Constitution. If the majority of the voters vote “no” on Amendment 5, the outdated words “orphans’ business” will remain in the Alabama Constitution. There are no costs to Amendment 5. The Constitutional authority for passage of Amendment 5 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 301 through 500, Alabama Constitution

The measure amended Amendment 328 (as amended by Amendment 364) of the Alabama Constitution. The following struck-through text was deleted and underlined text was added.

Amendment 364.

Section 6.06. Probate court.

There shall be a probate court in each county which that shall have general jurisdiction of orphans' business, and of adoptions, and with the power to grant letters testamentary, and of administration, and of guardianships, and shall have such further jurisdiction as may be provided by law, provided, that whenever the circuit court has taken jurisdiction of the settlement of any estate, it shall have power to do all things necessary for the settlement of such estate, including the appointment and removal of administrators, executors, guardians, and trustees and including action upon the resignation of either of them.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title 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 17, and the FRE is 16. The word count for the ballot title is 25.

Support

Officials

• State Sen. Will Barfoot (R)

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot initiative. 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

	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

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Probate courts in Alabama

See also: Alabama Probate Courts

There are 68 probate courts and judges in Alabama. Although Alabama has 67 counties, the Alabama Legislature created a second probate judge position for Jefferson County in 1980. Generally, probate courts handle cases concerning wills, estates, property distribution, and debts of those who are deceased. County probate courts were established by the Alabama State Legislature on February 11, 1850. The law provided that each county court was to have one judge of probate to be elected by county voters for terms of six years. Probate courts have also been referred to as orphans' courts.

Under the state constitution, county probate courts have general jurisdiction over cases concerning adoptions and guardianships, and they may have jurisdiction over other topics and cases as provided by state law. Probate courts hear cases concerning the following topics:

• to appoint and remove guardians and/or conservators for minor children and mentally incompetent persons;
• to establish drainage districts;
• to hear and decide on petitions requesting condemnation of privately owned land;
• to hear and decide election contests in certain proceedings;
• to preside over adoption proceedings;
• to order the sale of lands for the payment of delinquent taxes;
• to hear and decide petitions for the redemption of lands sold for delinquent taxes;
• to receive petitions, determine the sufficiency thereof and conduct elections for the establishment and dissolution of municipalities;
• to receive and decide petitions for the adoption of a commission form of government and for alterations of municipal boundaries;
• to hear and decide claims for exemptions from executions, attachments, and garnishments, including authority to hear and decide homestead exemptions; and
• to conduct capacity hearings and involuntarily commit persons for mental health treatment;
• to determine competency of persons to vote; and
• to preside over trust administration matters.

Constitutional amendments in Alabama

From 2000 to 2020, 81 constitutional amendments appeared on the statewide ballot in Alabama. Voters approved 64 (79.0%) and rejected 17 (21.0%). The number of amendments on statewide ballots during the even-numbered years between 2000 and 2020 ranged from 4 to 15, and the average number of amendments during this period was 7.8.

Alabama constitutional amendments, 2000-2020
Total number	Approved	Approved (%)	Defeated	Defeated (%)	Even-year average	Even-year median	Even-year minimum	Even-year maximum
81	64	79.01%	17	20.99%	7.8	6.0	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 68 on February 2, 2021. The measure was passed in the Senate by a vote of 28-0 with six Senators voting pass on February 11, 2021. The measure was passed in the House on April 15, 2021, by a vote of 90-0 with 13 Representatives voting pass.

Vote in the Alabama State Senate February 11, 2021
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	4	0	4
Republican	24	0	3

Vote in the Alabama House of Representatives April 15, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 63  a
	Yes	No	Not voting
Total	90	0	13
Total percent	87.38%	0.00%	12.62%
Democrat	24	0	3
Republican	66	0	10

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

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 Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of September 2024. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State. “ Valid Alabama Driver’s License (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Examples Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Digital student ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Digital student ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID ” A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here. Voters must also provide a copy of valid photo identification when applying for an absentee ballot, with the exception of 1) voters for whom polling locations are inaccessible due to age or disability, and 2) overseas military members.

See also

2022 measures

• 2022 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 Senate Bill 68 (2021) on LegiScan
• SB 68 (2021) full text