Alabama State Constitutional Language Governing Separation of Powers, Amendment 5 (2016)
| Alabama Amendment 5 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Constitutional language | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
The State Constitutional Language Governing Separation of Powers Amendment, also known as Amendment 5, was on the ballot as a legislatively referred constitutional amendment for voters in Alabama on November 8, 2016.[1] It was approved.
| A "yes" vote supported this proposal to reword and reorganize the sections of the Alabama Constitution that address the Alabama government's separation of powers, without changing the substance of those powers. |
| A "no" vote opposed this proposal, leaving the constitution unchanged. |
Election results
| Amendment 5 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 922,670 | 59.99% | ||
| No | 615,275 | 40.01% | ||
- Election results from Alabama Secretary of State
Overview
Prior to the passage of Amendment 5, Article III of the Alabama Constitution established the legislative, executive, and judicial branches of the Alabama state government as well as the separation of powers among them. Amendment 582 required that the Alabama Legislature approve with a simple majority any disbursement of state funds that should come as a result of a court order.
Amendment 5 was designed to remove both Article III and Amendment 582 from the Alabama Constitution and rewrite a new Article III restating these aforementioned powers. The amendment was designed to neither add nor subtract powers.[2] For example, the changes in Article III, Section 42, can be found below:
Previous language
| “ |
The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.[3] |
” |
Language under Amendment 5
| “ |
(a) The powers of the government of the State of Alabama are legislative, executive, and judicial. (b) The government of the State of Alabama shall be divided into three distinct branches: legislative, executive, and judicial. (c) To the end that the government of the State of Alabama may be a government of laws and not of individuals, and except as expressly directed or permitted in this constitution, the legislative branch may not exercise the executive or judicial power, the executive branch may not exercise the legislative or judicial power, and the judicial branch may not exercise the legislative or executive power.[3] |
” |
Text of measure
Ballot title
The official ballot title was as follows:[1]
| “ |
Proposing an amendment to the Constitution of Alabama of 1901, to repeal and restate the provisions of Article III of the Constitution of Alabama of 1901 relating to separation of powers to modernize the language without making any substantive change, effective January 1, 2017.[3] |
” |
Constitutional changes
- See also: Article III, Alabama Constitution
The measure was designed to repeal Article III and Amendment 582 of the Alabama Constitution and add a new Article III:[1]
| Alabama Constitution |
|---|
|
| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI •XII •XIII •XIV • XV • XVI • XVII • XVIII |
| Local Provisions |
|
I. Article III of the Constitution of Alabama of 1901, and Amendment 582 of the Constitution of Alabama of 1901, are repealed. | |||||
|---|---|---|---|---|---|
|
---
| |||||
|
II. Article III is added to the Constitution of Alabama of 1901, to read as follows: | |||||
|---|---|---|---|---|---|
|
Article III. SEPARATION OF POWERS.
(c) To the end that the government of the State of Alabama may be a government of laws and not of individuals, and except as expressly directed or permitted in this constitution, the legislative branch may not exercise the executive or judicial power, the executive branch may not exercise the legislative or judicial power, and the judicial branch may not exercise the legislative or executive power. Section 43. No order of a state court which requires disbursement of state funds shall be binding on the state or any state official until the order has been approved by a simple majority of both houses of the Legislature. This section shall not apply to orders, judgments, or decrees requiring payment of compensation for the taking of property by eminent domain or arising out of challenges to taxation or to such other orders, judgments, or decrees as may be otherwise required by statute, or settled principles of Alabama common law as decided by the Alabama appellate courts, not inconsistent with other provisions of this Constitution. Nothing herein shall be construed to preclude a court from making findings of fact or conclusions of law and orders relating thereto, that standards required by the United States Constitution, the Constitution of Alabama of 1901, laws of this state or of the United States, or rules or regulations promulgated pursuant thereto, are not being met, and from ordering the responsible entity or entities to comply with such standards.[3] | |||||
Full text
The full text of Amendment 5 can be found here.
Support
Sen. Greg Albritton (R-22) sponsored the measure in the legislature.[4]
Opposition
If you know of any opposition to this measure, please contact editor@ballotpedia.org.
Background
Amendment 5 addresses the topic of constitutional language. Prior to 2016, five other measures on this topic appeared on Alabama state ballots, going back to Amendment 16 in 1967. Most recently, Amendment 4 in 2012 would have removed language from the Alabama Constitution referencing segregation by race in schools. The measure also would have repealed Section 259, which related to poll taxes.
One other statewide measure addressing constitutional language qualified for a 2016 ballot. The Utah Oath of Office Amendment was designed to change the oath of office for state officials in Utah to include the word "Utah" (rather than "this state") when referring to the Utah Constitution.
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
As of February 1, 2017, no ballot question committees registered to support or oppose Amendment 5.[5]
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. Simple majority approval by the voters was required for approval.
The amendment, titled Senate Bill 25 (SB 25) in the Alabama Legislature, was introduced by Sen. Greg Albritton (R-22). On April 7, 2015, the Alabama Senate approved SB 25, with 28 voting "yea" and none voting "nay." The Alabama House of Representatives took up the amendment on May 19, 2015, and the chamber passed it 99 to zero.[4]
Senate vote
April 7, 2015
| Alabama SB 25 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 28 | 100.00% | ||
| No | 0 | 0.00% | ||
House vote
May 19, 2015
| Alabama SB 25 House Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 99 | 100.00% | ||
| No | 0 | 0.00% | ||
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
| Constitutional language measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Utah | Utah Oath of Office, Amendment A |
Recent news
This section links to a Google news search for the term "Alabama + separation + powers + amendment + 5"
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Alabama Legislature, "Senate Bill 25," accessed July 27, 2015
- ↑ LegiScan, "Bill Text: AL SB25 | 2015 | Regular Session | Introduced," accessed August 29, 2016
- ↑ 3.0 3.1 3.2 3.3 3.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 4.0 4.1 LegiScan, "Bill Summary for SB25," accessed August 29, 2016
- ↑ Alabama Electronic Fair Campaign Practices Act (FCPA) Reporting System, "Political Action Committee Search," accessed October 27, 2016
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