ARTICLE XVIII. MODE OF AMENDING THE CONSTITUTION – Constitution of Alabama 2022

SEC. 284 MANNER OF PROPOSING AMENDMENTS;  SUBMISSION OF AMENDMENTS TO ELECTORS;  ELECTION ON AMENDMENTS;  PROCLAMATION OF RESULT OF ELECTION;  BASIS OF REPRESENTATION IN LEGISLATURE NOT TO BE CHANGED BY AMENDMENT.

Amendments may be proposed to this Constitution by the legislature in the manner following:  The proposed amendments shall be read in the house in which they originate on three several days, and, if upon the third reading three-fifths of all the members elected to that house shall vote in favor thereof, the proposed amendments shall be sent to the other house, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all of the members elected to that house shall vote in favor of the proposed amendments, the legislature shall order an election by the qualified electors of the state upon such proposed amendments, to be held either at the general election next succeeding the session of the legislature at which the amendments are proposed 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.  Notice of such election, together with the proposed amendments, shall be given by proclamation of the governor, which shall be published in every county in such manner as the legislature shall direct, for at least four successive weeks next preceding the day appointed for such election.  On the day so appointed an election shall be held for the vote of the qualified electors of the state upon the proposed amendments.  If such election be held on the day of the general election, the officers of such general election shall open a poll for the vote of the qualified electors upon the proposed amendments;  if it be held on a day other than that of the general election, officers for such election shall be appointed;  and the election shall be held in all things in accordance with the law governing general elections.  In all elections upon such proposed amendments, the votes cast thereat shall be canvassed, tabulated and returns thereof be made to the secretary of state, and counted, in the same manner as in elections for representatives in the legislature;  and if it shall thereupon appear that a majority of the qualified electors who voted at such election upon the proposed amendments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Constitution.  The result of such election shall be made known by proclamation of the governor.  Representation in the legislature shall be based upon population, and such basis of representation shall not be changed by constitutional amendments.

SEC. 284.01 PROPOSED CONSTITUTIONAL AMENDMENTS AFFECTING ONLY ONE COUNTY.

 (a) The Legislature shall determine whether a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties under the procedures set out herein.  If the Legislature determines that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties, the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors of the affected county or, if applicable, the political subdivision and the county or counties in which the political subdivision is located, who vote on the amendment as provided in subsections (b) and (c).  If the Legislature fails to determine that a proposed constitutional amendment affects or applies to only one county or a political subdivision within one or more counties pursuant to the procedures set out in subsection (b), the amendment may be adopted as a valid part of the constitution only by a favorable vote of a majority of the qualified electors who vote on the amendment in a statewide referendum, as provided in subsection (d), and a majority of the qualified voters of the affected county or counties voting on the amendments, as provided in subsection (d).

(b) To determine whether a proposed amendment shall be placed on the ballot in only one county or a political subdivision within one or more counties and the affected county or counties, as provided in subsection (a), the proposed amendment shall be approved by each house of the Legislature under the following process:

In the event that both houses of the Legislature approve the amendment by at least a three-fifths vote of their elected members and also determine by vote without dissent that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties, the proposed amendment shall be placed on the ballot only in the county or political subdivision and county or counties affected.

(1) The proposed amendment must first be approved, if at all, by at least three-fifths of all the members elected to the house in which it originates.

(2) Immediately following approval under subdivision (1), the house shall consider a resolution of local application declaring that the proposed amendment affects or applies to only one county or a political subdivision within one or more counties specifying by proper name the county or the political subdivision and the county or counties within which the political subdivision is located.

(3) The proposed amendment shall then be sent to the other house for consideration and, if at least three-fifths of all the members elected to that house vote in favor of the proposed amendment, that house shall likewise immediately proceed to consider a resolution of local application as provided in subdivision (2)

(c) If after having been approved by at least a three-fifths vote of the elected members of either house of the Legislature, there is at least one dissenting vote cast on the resolution in either house on the question of whether the proposed amendment affects or applies to only one county or only to a political subdivision within one or more counties, the proposed amendment shall automatically be submitted in a statewide referendum in accordance with the procedures for proposed statewide constitutional amendments under Sections 284 and 285 of the Constitution of Alabama of 1901.  If the proposed amendment is submitted in a statewide referendum, it shall not become effective unless approved by a majority of the qualified voters voting on the amendment statewide and a majority of the voters of any county or political subdivision named in the resolution voting on the amendment.

(d) Notice of the election, together with the proposed amendment, shall be given by proclamation of the Governor, which proclamation shall be published once a week for four successive weeks next preceding the day appointed for the election in each newspaper qualified to run legal notices in the county or counties affected.

SEC. 285 ELECTION BALLOTS;  AFFIRMATIVE VOTE OF MAJORITY OF ELECTORS VOTING REQUIRED FOR PASSAGE.

Upon the ballots used at all elections provided for in section 284 of this Constitution the substance or subject matter of each proposed amendment shall be so printed that the nature thereof shall be clearly indicated.  Following each proposed amendment on the ballot shall be printed the word “Yes” and immediately under that shall be printed the word “No.” The choice of the elector shall be indicated by a cross mark made by him or under his direction, opposite the word expressing his desire, and no amendment shall be adopted unless it receives the affirmative vote of a majority of all the qualified electors who vote at such election.

SEC. 286 MANNER OF CALLING CONVENTION FOR PURPOSE OF ALTERING OR AMENDING CONSTITUTION;  REPEAL OF ACT OR RESOLUTION CALLING CONVENTION;  JURISDICTION AND POWER OF CONVENTION NOT RESTRICTED.

No convention shall hereafter be held for the purpose of altering or amending the Constitution of this state, unless after the legislature by a vote of a majority of all the members elected to each house has passed an act or resolution calling a convention for such purpose the question of convention or no convention shall be first submitted to a vote of all the qualified electors of the state, and approved by a majority of those voting at such election.  No act or resolution of the legislature calling a convention for the purpose of altering or amending the Constitution of this state, shall be repealed except upon the vote of a majority of all the members elected to each house at the same session at which such act or resolution was passed;  provided, nothing herein contained shall be construed as restricting the jurisdiction and power of the convention, when duly assembled in pursuance of this section, to establish such ordinances and to do and perform such things as to the convention may seem necessary or proper for the purpose of altering, revising, or amending the existing Constitution.

SEC. 286.01 PROCEDURE FOR RATIFICATION AND ADOPTION OF PROPOSED CONSTITUTION OF ALABAMA.

Any proposed Constitution of Alabama adopted to replace the Constitution of Alabama of 1901, whether adopted by a constitutional convention pursuant to Section 286 or by any other constitutionally authorized method now in existence or subsequently adopted, shall become effective only if the proposed constitution is ratified by a majority of the qualified electors of the state voting on the question of such ratification.

Prior to the ratification election, the text of the proposed constitution shall be published in the same manner as the proclamation of the election.  The proposed constitution shall be published on a separate sheet or sheets and circulated with the newspapers in which the proclamation is published.  The Legislature may also provide for other methods of publishing the text of the proposed constitution.

The result of the election shall be made known by proclamation of the Governor.  If the proposed constitution is ratified as provided in this amendment, it shall become effective on the first day of January following ratification, unless otherwise provided in the ratified constitution.  If the ratified constitution provides otherwise, the effective date shall be as provided in the ratified constitution.

The Legislature shall provide for the notice, and procedures related to the election, canvassing, proclamation, and costs which are in conformity with this amendment.  If proposed by convention, the election shall be held at the next general election not less than 90 days following adjournment of the convention at which it was proposed.

SEC. 286.02 RECOMPILATION OF CONSTITUTION OF ALABAMA.

The Legislature, upon the recommendation of the Director of the Legislative Services Agency through a proposed draft, may arrange this constitution, as amended, in proper articles, parts, and sections removing all racist language, delete duplicative and repealed provisions, consolidate provisions regarding economic development, arrange all local amendments by county of application during the 2022 Regular Session of the Legislature, and make no other changes.  The draft and arrangement, when approved by a three-fifths vote of each house of the Legislature, through joint resolution, shall be submitted to the voters pursuant to Amendment 714 of the Constitution of Alabama of 1901, now appearing as Section 286.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, except that the text of the proposed constitution shall be published on the website of the Secretary of State and shall be made available, without cost, to any agency of the state or a municipality or county in the state that operates a public access website for publication on the website.  The Constitution of Alabama, with the amendments made thereto, in accordance with this amendment, once approved by the voters, shall be the supreme law of the state.

SEC. 286.03 RENUMBERING AND PLACEMENT OF AMENDMENTS IN THE CONSTITUTION OF ALABAMA OF 2022;  VALIDITY OF JUDICIAL INTERPRETATIONS;  TRANSFER OF ANNOTATIONS.

Contingent upon the ratification of the Constitution of Alabama of 2022:

(a) The Code Commissioner shall number and place any constitutional amendment ratified on the date of ratification of this amendment as appropriate in the Constitution of Alabama of 2022, based upon a logical sequence and the particular subject or topic of the amendment.

(b)(1) Any judicial decision interpreting a provision of the Alabama Constitution of 1901, shall remain valid as to the appropriate provision in the Constitution of Alabama of 2022, that has not been substantively changed by the Constitution of Alabama of 2022.  Any case annotation to any section of the Constitution of Alabama of 1901, compiled and published prior to the ratification of this amendment shall apply to the section as it is numbered or renumbered in the Constitution of Alabama of 2022, as authorized by Amendment 951.

(2) The Code Commissioner shall instruct the publisher of the Official Recompilation of the Constitution of Alabama of 1901, to transfer, organize, and otherwise arrange annotations to the same or renumbered sections of the Constitution of Alabama of 2022, except to the extent substantively changed.

SEC. 287 VOTES BY LEGISLATURE ON PROPOSED AMENDMENTS OR BILLS OR RESOLUTIONS CALLING CONVENTIONS;  ACTS OR RESOLUTIONS PROPOSING AMENDMENTS OR CALLING CONVENTIONS NOT TO BE SUBMITTED TO GOVERNOR FOR APPROVAL.

All votes of the legislature upon proposed amendments to this Constitution, and upon bills or resolutions calling a convention for the purpose of altering or amending the Constitution of this state, shall be taken by yeas and nays and entered on the journals.  No act or resolution of the legislature passed in accordance with the provisions of this article, proposing amendments to this Constitution, or calling a convention for the purpose of altering or amending the Constitution of this state, shall be submitted for the approval of the governor, but shall be valid without his approval.