ALLIANCE
FOR CITIZENS RIGHTS
ALLIANCE
FOR CITIZENS RIGHTS
INFORMATION FROM SITE: http://www.legislature.state.al.us/
SECTION 4(a) HAS BEEN COLORED RED FOR EMPHASIS
HB106 By Representatives Gipson and Hill RFD Elections Rd 1 08-JAN-2002The current state constitution was ratified in 1901 and requires submitting the question of whether to call a constitutional convention to revise the constitution to the qualified electors of the state. This bill would call for a special election to submit the question of whether to call a constitutional convention to the qualified electors of the state. If the majority vote in favor of holding a constitutional convention, it would provide for the qualification of candidates and election of delegates to the convention, provide for the holding of the convention, provide for assistance to delegates, and would provide for an election to submit the proposed constitution, once prepared by the convention, to the voters for ratification.
A BILL
TO BE ENTITLED
AN ACTTo provide for a special election on the issue of calling a constitutional convention to revise and amend the Constitution of Alabama of 1901; and in the event a majority of electors voting favor the convention, to provide for the election of delegates to the convention; to provide for the holding of the convention; and to provide for an election to ratify the proposed constitution.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) The Legislature of Alabama declares and finds as follows:
(1) Similar to the Legislature of 1900, this Legislature faces an opportunity to change a constitution that is grievously defective, impractical, and antiquated in that it reflects the conditions, frustrations, and prejudices of a long past century that do not exist today.
(2) The mere length of the Constitution of Alabama of 1901, is oppressive and the constitution as a whole is not well adapted to modern conditions and problems when a simpler, more modern document, like that of all other states, would provide a more efficient and effective fundamental law.
(3) The inadequacies and complexities of the Constitution of Alabama of 1901 are demonstrated by the multitude of amendments, over 700, deemed necessary by the voters of this state to give the constitution proper and current effect.
(4) Constitutional revision efforts by commissions and study groups over the past 50 years have been costly, inefficient, and unsuccessful, in part, due to a lack of proper authority to draft a new constitution, i.e., the vote of the people of the state is required to call a constitutional convention for the purpose of revising the constitution.
(5) The Constitution of Alabama of 1901, is long overdue for a revision and, if necessary, a complete replacement, with a better constitution for this century.
(6) The Legislature desires to provide the people of Alabama an opportunity to move forward with a document that is more appropriate for the economic, political, and social times in which we live.
Section 2. At the general election of 2002, the question of whether to hold a convention shall be submitted to a vote of the qualified electors of this state. There shall be printed on the official ballots, the question to be voted on followed by the words "Yes" and "No," opposite one of which the voter may indicate his or her preference. If a majority of the voters voting at the election shall approve of the holding of a convention for the purpose stated, the election of the delegates for the convention and the holding of the convention shall be held in the manner hereinafter provided.
Section 3. In the same manner as for the other matters on the general election ballot, the election officials of each county shall ascertain the number of votes "Yes" and the number of votes "No" and shall certify the vote results to the Secretary of State. The Secretary of State shall, as quickly as practicable, certify the statewide results. If it appears that a majority of all persons voting voted for the holding of the convention, the Governor shall give public notice, by proclamation, of the fact that a majority of the electors of the state voting at the election approved the call of the convention for the purpose of revising and amending the Constitution of Alabama of 1901. The proclamation shall be published in every county in a newspaper of general circulation. The courts of the state shall take judicial notice of the proclamation.
Section 4. (a) The delegates to the convention shall be elected in a special election to be held in the first Tuesday in June 2003, at the time and places provided by statute for holding primary elections and shall be elected without regard to political affiliation. For economic efficiency, the special election for delegates may be held in conjunction with any other election within that time frame. There shall be one delegate elected from each House of Representatives district based upon the districts as they exist at the time of the 2002 primary election for a total of 105 elected delegates. It is the intent of the Legislature that the convention delegates reflect the racial, gender, geographic, urban, rural, and economic diversity of the state. Each living former Governor, former Lieutenant Governor, and former Chief Justice of the Supreme Court who is not currently serving in one of the aforementioned offices, shall serve as a delegate and shall be entitled to any compensation and privileges, as well as the responsibilities and duties, the same as the elected delegates. In addition to the above delegates, one special appointed delegate may be selected from each entity listed below in a manner suitable to that entity. Special appointed delegates will have the same duties, responsibilities, and entitlements as elected delegates. The following entities may choose one special appointed delegate for the convention:
(1) Alabama AFL-CIO.
(2) Alabama Education Association.
(3) Alabama Hospital Association, Medical Association of Alabama, and the State Nurses Association jointly selecting one delegate.
(4) Alabama League of Municipalities.
(5) Alabama Sheriff's Association.
(6) Alabama State Bar Association, Alabama Lawyers Association, Alabama Defense Lawyers Association, and The Alabama Trial Lawyers Association jointly selecting one delegate.
(7) ALFA Farmers Federation.
(8) Association of County Commissions of Alabama.
(9) Business Council of Alabama.
(10) Children First Trust Fund, Children's Policy Council.
(11) Council of Presidents of the Alabama Commission on Higher Education.
(12) Forever Wild Land Trust Board of Trustees.
(b) An elected delegate to the convention must be at least 25 years of age prior to qualification, a qualified elector of his or her district, a citizen of the State of Alabama for at least 3 years and a resident of his or her district for at least 1 year immediately preceding the election. No person shall be disqualified from being a candidate for delegate because he or she holds any office of honor or profit under the state or federal government.
(c) A candidate for election as delegate shall file a declaration of candidacy with the Secretary of State for qualification as a candidate at least 60 days prior to the special delegate election. There shall be a minimal qualifying fee determined by the Secretary of State as necessary to cover the Secretary of State's administrative expenses of the election. No person may be a candidate or be permitted to file a declaration as a delegate for more than one place.
(d) All candidates for delegates shall be subject to the Fair Campaign Practices Act and any other laws governing candidates and elections at the time of the qualification and election. No candidate for delegate may accept a campaign contribution exceeding five hundred dollars ($500) from any one source. In addition to any other laws, rules, and regulations governing campaigns, elections, and public officials and employees of this state, a delegate, whether elected or otherwise selected, shall be considered a public official subject to the ethics laws in existence at the time of the election and convention. Furthermore, a delegate is expressly prohibited from accepting a thing of value from a lobbyist or anyone in association with his or her duties as a delegate. Maximum penalties shall be enforced for any violations.
(e) The names of all the candidates filing declarations for the office of delegate shall appear on the special election ballot for the office without any type of political party designation. The Secretary of State shall publicly determine and declare whether any candidate for delegate has received a majority of the votes cast for that office. If a candidate for the office of delegate has received a majority of the votes cast for the office in the special election, then that candidate is elected. If no candidate receives a majority of the votes cast in the initial special election for delegates, the Secretary of State shall determine and declare the two persons who received the highest number of votes in the initial election qualified to run in a run-off election. The names of the two persons who received the highest number of votes shall appear on the run-off election ballot under the designation for the office. A special run-off election shall be held on the third Tuesday next following the special election, or as otherwise provided by law for a run-off election, which shall be at the time and place provided by statute for holding the run-off election.
(f) If only one person files a declaration of candidacy for the office of delegate and is legally certified by the Secretary of State, only the name of that person shall be printed on the special election ballot under the designation for that office and he or she shall be declared elected to that delegate office by the Secretary of State.
(g) In the event of an exact tie in the number of votes counted for two candidates for the office of delegate in the run-off election, the Chief Justice of the Alabama Supreme Court, or if the Chief Justice is a candidate in that election, the senior Associate Justice of the Supreme Court who is not a candidate in that election, in the presence of the Governor, shall decide the tie by lot.
(h) The vote totals of each county as to the election for the office of delegate shall be forwarded by the judge of probate of each county to the Secretary of State immediately after the election. The Secretary of State shall, after receiving the returns of election from the judge of probate of each county, furnish forthwith, from a count of the actual vote cast as it appears by the return certified to him or her, certificates of election to each delegate office to be filled at that election.
(i) The provisions of this section are supplemental and to the extent possible, to be construed in pari material with other laws regulating political contributions, elections, and public officials.
Section 5. If the holding of the convention is approved by the qualified electors of this state, the delegates elected in the manner hereinafter provided shall convene in the hall of the House of Representatives in the State House in the City of Montgomery at 12:00 noon on the second Tuesday in August following the election of delegates, and proceed to organize the convention by the election of a president and any other officers from among themselves, as they may deem necessary. The most senior associate justice of the Alabama Supreme Court who was not a candidate nor an elected delegate or, in his or her absence, the second most senior associate justice who was not a candidate nor an elected delegate shall call the convention to order and preside over the convention until a president is elected. The convention shall continue in session until it, by careful revision and amendment of the present constitution, shall frame and adopt a revised constitution for this state. The convention may adjourn to any other place it may see fit and may recess from time to time.
Section 6. If a dispute occurs as to the right of any person to sit in the convention as a delegate, the question shall be decided by the convention which shall be the exclusive judge of the election, qualification, and returns of its own members. Any person desiring to contest the election of a person certified as being elected as a delegate to the convention may do so in the same manner as the election of a member of the House of Representatives of the Legislature of Alabama is contested and by giving the same bond. Testimony shall be taken in the same manner.
Section 7. In the event of a vacancy in any position of an elected delegate, after the election or at any time after the convening of the body, the vacancy may be filled by appointment of the Governor. The appointment to fill a vacancy must meet the same criteria as the elected delegate he or she replaces in the convention.
Section 8. Before entering upon the discharge of his or her duties as a member of the convention, each delegate, before a judge of a circuit court or the Supreme Court of Alabama, shall take the following oath: "I do solemnly swear that I will support the Constitution of the United States, and I will honestly and faithfully perform the duties as a delegate of this convention, so help me God."
Section 9. The delegates to the convention shall be supplied with stationery, books, statutes, reports, and documents in the same manner as members of the Legislature of Alabama. The Secretary of the Senate and the Clerk of the House of Representatives shall coordinate together to provide any clerical or administrative assistance necessary for the organization of the convention prior to its first meeting and, if requested, shall provide for any clerical assistance for the work of the convention. Once the delegates have convened, the Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Reference Service, the Legislative Fiscal Office, and the Alabama Law Institute shall coordinate to provide professional and technical assistance to the convention. The delegates shall receive for their service the same per diem and mileage from the State Treasury as is allowed to members of the Legislature of Alabama and the other expenses of the convention shall be paid in the same manner as provided for the members of the Legislature of Alabama. The per diem, mileage, and other expenses shall be paid on the certificates of the president and the secretary or clerk of the convention, to the State Comptroller, in the same manner that payment of the compensation to members of the Legislature of Alabama is by law directed to be made. Per diem compensation shall not be allowed or paid to any member of the convention for a period of time longer than a maximum of 90 working days.
Section 10. The convention shall file with the Secretary of State, within one week after its adjournment, certified by the president and secretary or clerk, a correct copy of the constitution that the convention adopted. The convention shall keep a journal of its proceedings and file it upon adjournment with the Secretary of State.
Section 11. Except as herein otherwise provided, the general election laws of this state shall apply fully to the elections provided for under this act, including all matters preliminary to the holding of the elections as well as all matters subsequent thereto. Additionally, any laws, regulations, or legislative rules in effect at the time of the delegate election and convention relating to legislative lobbyists shall apply to any lobbyist or activities at the constitutional convention, including registration of lobbyists. Furthermore, every registered lobbyist shall file a report of expenditures made relative to promoting or opposing any provision of the constitutional convention. The first report shall be filed on the tenth day after the convention begins and every sixty days thereafter until the ending of the convention.
Section 12. (a) In the event of the framing of a constitution by this convention, the Governor, within one week after the filing of the constitution with the Secretary of State, shall issue a proclamation, published in the same manner as the proclamation to assemble this convention. The proclamation shall state that the constitution has been framed and that an election will be held on a specific date in the same manner and by the same officers as general elections are required to be held for the purpose of submitting to the qualified voters of this state for ratification or rejection of the proposed constitution in its entirety. The election shall be held not less than 60 days nor more than 120 days after the date of the proclamation. At the same time as the proclamation, the Governor shall direct that proposed constitution be published in the same manner as the proclamation. The proposed constitution may be published upon a separate sheet and circulated with the newspapers in which the proclamation is published.
(b) At the election provided for by the preceding section, the question of whether to ratify the constitution in its entirety as proposed by the convention shall be submitted to a vote of the qualified electors of this state. There shall be printed on the official ballots the question to be voted on followed by the words "Yes" and "No," opposite one of which the voter may indicate his or her preference. The returns of this election shall be made in the same manner, within the same time, by the same officers, certified to the same officer, and shall be in the same form as herein provided for the election regarding whether to hold a convention.
Section 13. Within 15 days after the day on which the election is held for the ratification or rejection of the constitution, the Governor, Secretary of State, and Attorney General shall meet in the office of the Secretary of State to tabulate the votes on the issue of ratification or rejection and the results shall be certified to the Governor by the Secretary of State and the Attorney General. The Governor shall make known to the people of this State, the results of the election by proclamation published in the manner herein provided. If a majority of the voters voting at the election voted affirmatively to ratify the constitution, the Governor shall designate a date in the proclamation not more than 10 days from the date of the proclamation, at which time the new constitution shall go into effect as the Constitution of the State of Alabama, and shall be binding and obligatory upon all the people of this state.
Section 14. If an election is called in the event of the framing of a constitution, the judge of probate of each county in the state shall prepare and furnish the official ballots to be voted at such election as is now required under the general election laws of the state which official ballot shall be prepared according to the requirements elsewhere in this act. No ballot other than an official ballot shall be cast and counted in the election, and the election shall be held and conducted as general elections are held, except as otherwise provided by this act.
Section 15. This act shall become effective immediately upon its passage by the Legislature and adopted as provided herein.
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