ALABAMA

Alabama does not have statewide initiatives or veto referendums but has legislatively referred amendments. Proposed amendments may be submitted to voters at either the next general election following legislative approval, or another day appointed by the legislature, if it is at least three months following adjournment of the approving legislature. Although the legislature is responsible for drafting the official ballot language, a commission comprised of eighteen members prepares a more comprehensive voter guide or “ballot statement” that is made available to the public before the election. Individual legislators are also permitted to submit statements supporting or opposing a proposed amendment, which are posted on the same state webpage as the commission’s ballot statement. Alabama’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Alabama

Alabama does not have statewide initiatives or veto referendums but has legislatively referred amendments.

X Initiatives – Statutory

X Initiatives – Constitutional

X Veto Referendums

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Alabama voters. Ala. Const. art. XVIII, § 284.

Election Timing

After approval by 3/5 of all members elected to each house of the legislature, a proposed constitutional amendment is submitted to Alabama voters at either the next general election following legislative approval, or “upon another day appointed by the legislature, not less than three months after the final adjournment of the session of the legislature at which the amendments were proposed.” Ala. Const. art. XVIII, § 284. State statutes indicate that a legislatively referred amendment may be submitted at a primary election. See Ala. Code § 17-6-26(b).[1]

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for any proposed constitutional amendment in Alabama must display the following.

• A description of the substance or subject matter of the proposed amendment that clearly indicates the nature of the amendment. Const. art. XVIII, § 285; Ala. Code § 17-6-41. This description is prepared by the legislature. See id.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

Under the state constitution, the Governor must publish a proclamation that provides notice of the election and the full text of the proposed amendment in every county in “such manner as the legislature shall direct.” See Ala. Const. art. XVIII, § 284. Publication must be made for at least four successive weeks before the election. See id.

Voter Information Pamphlet

The Alabama Fair Ballot Commission is responsible for creating a guide or “ballot statement.” See Ala. Code § 17-6-81(b). The Commission is made up of eighteen members, including the Governor, Lieutenant Governor, Commissioner of Agriculture and Industries, Speaker of the House of Representatives, and the Secretary of State (or their designees), persons from specified academic institutions, both attorney and non-attorney citizen members appointed by the political members, and others. See id. sub. (a)(2). The Commission’s ballot statement must be adopted by a majority of present members; to the extent that a majority cannot agree, the Commission is to publish any portions which can be agreed upon. See id. sub. (d)–(e).

The ballot statement must include the following information, which must be “written in plain, nontechnical language and in a clear and coherent manner using words with common and every day meaning that are understandable to the average reader.” See Ala. Code § 17-6-81(c). Further, the statement must be “true and impartial statements of the effect of a vote for and a vote against the measure in language neither intentionally argumentative nor likely to create prejudice for or against” the proposal. Id.

• The full text of the proposed amendment (to include sponsors, cosponsors, and the text of the question that will appear on the official ballot). See id. (b)(1).
• A summary and a full copy of any implementing legislation directly related to the proposed amendment. See id. (b)(2).
• The placement of the proposal on the statewide ballot. See id. (b)(3).
• A “plain language summary” of the proposal, which must include “at a minimum, the legal or constitutional authority for its passage, the effect of the . . . measure if it is passed, including its cost and source of funding, and the effect of the . . . measure if it is defeated.” See id. (b)(4).
  • With respect to the financial impact, the statement must “include language as to whether the measure will increase, decrease, or have no impact on taxes, including the specific category of tax.” sub. (c).

The ballot statement must be published on the Secretary of State’s website at least 60 days before the election and must also be distributed in the same manner provided for distribution of sample ballots; in addition, at least 55 days before the election, copies must be made available for public distribution at the office of the Secretary of State or at the office of each probate judge. See Ala. Code § 17-6-81(b), (e).

In addition to the Commission’s ballot statement, any member of the legislature or their designee may post individual statements supporting or opposing a proposed constitutional amendment on the same portion of the Secretary of State’s website where the ballot statement is posted. See Ala. Code § 17-6-81(g). Each individual statement must not exceed 300 words and must be submitted for posting at least ten days prior to the election. Id.

JUDICIAL REVIEW

When and how can the court step in?

Alabama’s provisions governing legislatively referred amendments do not explicitly provide for judicial review of ballot language or related materials, but review may be available under other channels, such as actions for declaratory and/or injunctive relief.

Sample case: Chappell v. State, 810 So. 2d 639 (Ala. 2001) (rejecting a voter challenge to the ballot description; holding the ballot description clearly indicated the nature of the proposed amendment, and that the description is not required to describe the entire substance or subject matter of the proposed amendment).

[1] The Alabama Code can be found online. The Alabama Legislature, Code of Alabama, https://alison.legislature.state.al.us/code-of-alabama (last visited Oct. 29, 2023).