ALLIANCE FOR CITIZENS RIGHTS

A JOINT RESOLUTION CONCERNING A CONSTITUTIONAL CONVENTION
The following was taken from the WEB at www.legislature.state.al.us
under legislature 2002RS then resolutions

THIS IS A JOINT RESOLUTION --MEANING IT IS SPONSORED BY A SENATOR AND REPRESENTATIVE IN THE SENATE AND HOUSE AT THE SAME TIME. THIS METHOD IS USED TO "SPEED UP" PASSAGE OF BILLS.

YOU WILL NOTE: There are NO restrictions on the method our constitution will be re-submitted to the people i.e. in whole or pieces. There are NO restrictions on what will be addressed in the new document. You will note that the oath the delegates would take is to the US Constitution not ours? Note: House Bills 45-51 currently under consideration (having passed the full house and senate committee) were to be used as a "pattern" -- they remove our rights and boundaries, change our banking, repeal citizen militias and drastically change eminent domain (those who can "take" your real property)

HJR152
By Representatives Black (M), Greeson, Gipson and Newton (D)
RFD Rules
Rd 1 26-FEB-2002

CALLING FOR A VOTE BY THE PEOPLE OF THE STATE OF ALABAMA ON THE QUESTION OF WHETHER TO HOLD A CONSTITUTIONAL CONVENTION.

BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That on Tuesday, November 5, 2002, at the same time as the general election, in the same manner and by the same officers as general elections are required to be held, there shall be submitted to a vote of the qualified electors of this state the question of whether to hold a convention for the purpose of revising and amending the Constitution of Alabama of 1901. The Alabama Fair Campaign Practices Act, Sections 17-22A-1 to 17-22A-23, inclusive, Code of Alabama 1975, shall apply to the election. If a majority of the voters voting at the election on this question approve the holding of a convention for the purpose stated, the convention shall be held as hereinafter provided.

BE IT FURTHER RESOLVED, That at this election there shall be printed on the official ballot, 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.

RESOLVED FURTHER, That in the same manner as for matters on the general election ballot, the election officials for each county shall ascertain the number of votes cast "Yes" and the number of votes cast "No" and shall certify the votes immediately to the Secretary of State.

RESOLVED FURTHER, That on November 12, 2002, the Governor, Secretary of State, and Attorney General, shall assemble in the office of the Secretary of State and canvass the votes which have been cast "Yes" and "No" as appear from the returns certified to the Secretary of State by the returning boards in the separate counties. If it appears that a majority of all persons voting in the election on this question voted for the holding of the convention, the Governor shall give public notice, by proclamation, that a majority of the electors of the state voting at the election approved the calling of the convention for the purpose above stated. The proclamation shall be published in every county of the state in a newspaper of general circulation in the county in which it is published. Additionally, if the holding of the convention is approved by the qualified electors, a supplemental appropriation shall be made at the next regular session of the Legislature for funds necessary to implement this plan.

RESOLVED FURTHER, That if the holding of the convention is approved by the qualified electors of this state, a special election shall be held to elect delegates on the first Tuesday in June, 2003.

RESOLVED FURTHER, That, at this election voters from each Alabama House of Representatives District shall elect one delegate to the convention from that district as constituted for the 2002 general election. Candidates for election as delegates from districts shall qualify for election with the Secretary of State at least 30 days but no more than 90 days prior to the election, and shall pay a qualifying fee of fifty dollars ($50), which fee shall be deposited into the State Treasury to the credit of the Secretary of State to be used in the administration of this election. The names of all candidates shall be printed on the official ballots to be prepared for the election, and the candidates shall not be identified by party affiliation on the official ballots. If no candidate for delegate receives a majority of all votes cast in the election, a run-off election between the two candidates receiving the highest number of votes shall be held in the same manner as provided for primary elections in Section 17-16-36, Code of Alabama 1975. If in any district only one person files a declaration of candidacy for the office of delegate and that person is certified as qualified 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 position by the Secretary of State.

RESOLVED FURTHER, That the Alabama Fair Campaign Practices Act and any other laws governing candidates and elections at the time of the qualification and election shall apply to all candidates and to the election, provided however that the following shall also apply:

(a) For purposes of the reporting requirements of the Fair Campaign Practices Act, an individual who has received contributions or made expenditures, or given his or her consent for any other person or persons to receive contributions on his or her behalf, in the amount of one thousand dollars ($1,000) with a view to bringing about his or her election as a delegate shall be deemed a "candidate", even though that individual has not filed a declaration of candidacy with the Secretary of State.

(b) Other than contributions a candidate for delegate makes to his or her own campaign, a candidate is prohibited from accepting a campaign contribution (including any "in-kind" contribution) exceeding one hundred dollars ($100) from any one person, corporation, business, political action committee, limited liability company, partnership, or other entity. For the purpose of this limitation, a run-off election shall be considered a separate election in which a candidate may accept an additional amount not exceeding one hundred dollars ($100) from a person, corporation, business, political action committee, limited liability company, partnership, or other entity which contributed to the candidate's campaign in the initial election.

(c) All contributions, of whatever amount must be reported pursuant to the procedures prescribed by the Fair Campaign Practices Act.

(d) No candidate shall accept any contribution after the filing of the report required by Section 17-22A-8, Code of Alabama 1975, which shall be filed between five and ten days before the election.

(e) Any post-election contribution is prohibited.

RESOLVED FURTHER, That all delegates to the convention shall be citizens of the state and qualified electors of their respective districts.

RESOLVED FURTHER, Twelve delegates shall be the 12 elected members of the Legislative Council as provided in Section 29-6-2, Code of Alabama 1975, which are elected at the 2003 Regular Session of the Alabama Legislature. The legislative delegates shall be entitled to the same privileges and be subject to the same responsibilities and duties as elected delegates and shall be entitled to the same compensation, provided he or she foregoes all compensation as a legislator during the time he or she serves as a delegate. No other elected state official (including constitutional officers, district and circuit judges, appellate judges, sheriffs, members of the State Board of Education, or members of the state Legislature other than the 12 elected members of the Legislative Council), shall serve as a delegate.

RESOLVED FURTHER, That in the same manner as for other elections, the election officials for each county shall ascertain the number of votes received by the candidates for delegates for each place in the various districts and shall certify the votes to the Secretary of State.

RESOLVED FURTHER, That within one week following the election for delegates, the Governor, Secretary of State, and Attorney General shall assemble in the office of the Secretary of State and canvass the votes and ascertain from the returns which persons were elected as delegates to the convention from each of the several districts, and the Secretary of State shall issue certificates of election to the persons so elected. In the event of an exact tie in the number of votes counted for candidates for the office of delegate in the run-off election, the Governor, in the presence of the Secretary of State and Attorney General, shall decide the tie by lot. The Governor shall call upon the delegates to assemble on the first Tuesday in August, 2003, for the purpose herein provided.

RESOLVED FURTHER, That the delegates shall convene in the old House of Representatives Chamber in the State Capitol in the City of Montgomery on the first Tuesday in August, 2003 at 12:00 noon. The Speaker of the Alabama House of Representatives, or in his or her absence, the President Pro Tempore of the Alabama Senate, shall call the convention to order, call the roll of delegates, administer or cause to be administered the oath called for by this resolution to the delegates present, and preside over the convention until a president is elected. The delegates shall organize the convention by the election of a president and a secretary or clerk from among their number, and any other officers, who need not be delegates and who shall not have voting powers, as they may deem necessary. The convention shall apply Robert's Rules of Order to its proceedings until it determines its own rules of procedure. The convention shall continue in session until it shall, by careful study and deliberation, frame such proposals as to it may seem necessary or proper for the purpose of altering, amending, or revising the Constitution. The convention may adjourn to any other place as it may see fit and may recess from time to time. Further, the proceedings of the convention and any committees or subcommittees thereof, shall remain at all times open to the public. The convention shall further provide access to the proceedings of the convention for broadcast purposes.

RESOLVED FURTHER, That before entering upon the discharge of his or her duties as a delegate to the convention, each delegate shall take an oath which may be administered by the officer calling the convention to order or by any circuit judge or an appellate judge of this state as follows: "I do solemnly swear that I will support the Constitution of the United States, and I will honestly and faithfully perform the duties which are now to devolve on me as a delegate to this convention, so help me God."

RESOLVED FURTHER, That in the event there is any dispute 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 conduct of its members. Any person desiring to contest the election of a person who is certified as being elected as a delegate to the convention may do so in the same manner as a contest of the election of a member of the House of Representatives of the Legislature of Alabama.

RESOLVED FURTHER, That in the event of a vacancy in any position of a delegate, the vacancy may be filled by appointment by the convention. The person appointed to fill the vacancy must meet the same criteria as the delegate he or she replaces in the convention.

RESOLVED FURTHER, That the delegates to the convention shall be supplied with stationery, books, statutes, reports, materials, 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 provide clerical and administrative assistance necessary to the convention and shall assure that the necessary facilities are made available. The Legislative Reference Service, the Legislative Fiscal Office, and the Alabama Law Institute shall provide professional and technical assistance to the convention. The delegates shall receive for their services the same compensation, per diem, mileage, and other expenses from the State Treasury as is provided 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 Legislature of Alabama. The convention may authorize that reasonable compensation be paid to elected officers who are not delegates and any other staff who are not otherwise compensated by the state for services provided to the convention. The compensation, per diem, mileage, and other expenses shall be paid on the certificate of the president and secretary or clerk of the convention, to the state Comptroller, in the same manner that payment of the compensation to members of the Legislature is by law directed to be made. Per diem compensation shall not be allowed or paid to any delegate of the convention for a period of time longer than 120 calendar days, or if the convention adjourns sine die prior to 120 calendar days, for any period after the date of adjournment.

RESOLVED FURTHER, That for purposes of this resolution and the constitutional convention, the definition of "lobbying" in Section 36-25-1(17), Code of Alabama 1975, is adopted and also includes the practice of promoting, opposing, or in any manner attempting to influence the introduction, defeat, or enactment of any constitutional provision before the convention or any committee thereof. For purposes of this resolution and the constitutional convention, the term "lobbyist" as defined in Section 36-25-1(18), is adopted and also includes anyone who performs activities included in the foregoing definition of "lobbying." Except to the extent this resolution establishes more restrictive requirements, the Alabama Code of Ethics shall apply to lobbyists to the same extent it applies to lobbying the Legislature or a regulatory agency. Without limitation of the generality of the foregoing, all lobbyists shall be required to register with the State Ethics Commission as required by Section 36-25-18 and to file the reports required by that section. Additionally, each lobbyist shall file with the State Ethics Commission on the first day and the fifteenth day of each month, beginning August 15, 2003, and continuing until the convention files its proposal or proposals with the Secretary of State, a report, made under oath, setting forth all expenditures made by him or her relative to lobbying activities. Furthermore, delegates shall be prohibited from receiving a thing of value in association with his or her duties as a delegate.

RESOLVED FURTHER, That, the convention may frame proposals, to be submitted to the people for ratification, to alter, revise, or amend the Constitution of Alabama of 1901, in any form as may seem necessary or proper, including the following:

(a) As a unit in the form of a new constitution, with no separate proposals to be voted on individually.

(b) In the form of a series of separate proposals for altering or amending the constitution.

The convention shall file with the Secretary of State, within one week after its adjournment, certified by the president and the secretary or clerk of the convention, an accurate and correct copy of its proposal or proposals for the alteration, revision, or amendment of the constitution adopted by the convention for submission to the people. The convention may also prepare a schedule of transitional provisions and fix the date or dates upon which revisions, alterations, or amendments, if adopted by the people, shall take effect. The convention may also prescribe the manner and form of voting on its proposal or proposals, including the form of the ballot to be used. The convention shall keep a journal of its proceedings and shall file the journal upon its adjournment with the Secretary of State.

RESOLVED FURTHER, That it shall be the duty of the Governor, within one week after the filing with the Secretary of State of the convention's proposal or proposals for the alteration, revision, or amendment of the existing constitution, to issue a proclamation stating that a proposal or proposals have been framed by the convention and that an election will be held in the several counties of the state for the purpose of submitting the convention's proposal or proposals to the qualified voters of the state for ratification or rejection. The Governor shall publish a copy of the convention's proposal or proposals at the same time and in the same manner as the proclamation is published. The election shall be called by the Governor and shall be held no less than 90 days following adjournment of the convention. The election shall be held in the same manner and by the same election officials as general elections are required to be held. The Fair Campaign Practices Act shall apply to the election.

RESOLVED FURTHER, That the returns of the election shall be made in the same manner, within the same time, by the same officers, as the election whether to hold a convention and certified to the Secretary of State. If the convention fails to prescribe the manner and form of voting on its proposal or proposals, the election will be as follows:

(a) If the convention has proposed a new constitution as a unit with no separate proposals to be voted on individually, there shall be submitted to the vote of the qualified electors of this state, the sole question of whether to ratify the new constitution proposed by the convention. That question shall be printed on the official ballots followed by the words "Yes" and "No", opposite one of which the voter may indicate his or her preference.

(b) If the convention's proposal is in the form of separate proposals to alter or amend the constitution, the substance or subject matter of each proposal shall be so printed that the nature thereof is clearly indicated. Each such separate proposal shall be followed by the words "Yes" and "No", opposite one of which the voter may indicate his or her preference as to that separate proposed amendment.

RESOLVED FURTHER, That within 15 days after the day on which the election is held for the ratification or rejection of the constitution or proposals for altering or amending the constitution, the Governor, Secretary of State, and Attorney General shall assemble in the office of the Secretary of State and open the returns of the election. They shall tabulate the votes which have been cast on the question of ratification or rejection of a new constitution or for and against any separate proposals for altering or amending the constitution voted on individually, and the results shall be certified to the Governor by the Secretary of State and Attorney General. If a majority of all the qualified electors voting at the election have ratified a proposed new constitution submitted as a unit, or if a majority of all the qualified electors have ratified any separate proposal for altering or amending the constitution voted on individually, the Governor shall so proclaim and shall designate within the proclamation that January 1 of the following year is the time at which the new constitution or other proposals shall become effective, and shall be binding and obligatory upon all people of this state, unless otherwise provided in the ratified constitution or in the schedule of transitional provisions adopted by the convention.

RESOLVED FURTHER, That the judge of probate of each county in the state shall prepare and furnish the official ballots to be voted at the election in the same manner as now required under the general election laws of the state. 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 resolution.

THIS RESOLUTION NEVER MADE IT THROUGH, BUT IT GIVES YOU SOME IDEA OF THE THINKING OF SOME OF THOSE WE HAVE REPRESENTING US IN MONTGOMERY.

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