HB561INTRODUCED
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HB561
YMMZJ62-1
By Representatives Lands, Daniels, Tillman, Bracy, Hall,
Hollis(Constitutional Amendment)
RFD: Constitution, Campaigns and Elections
First Read: 10-Apr-25
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6 YMMZJ62-1 03/04/2025 PMG (L)cr 2025-1010
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First Read: 10-Apr-25
SYNOPSIS:
Under existing law, the Constitution of
Alabama of 2022, may be amended by the Legislature
submitting a proposed constitutional amendment for
ratification or rejection by the people which becomes
effective upon ratification and proclamation. General
and local laws must be enacted by the Legislature and
generally become effective upon enactment or at a
later date provided by the statute.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to provide that the
people also may propose the enactment of general laws
and constitutional amendments by an initiative
measure subject to the same limitations imposed on
the Legislature and that the Legislature may offer an
alternate proposal.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to the Constitution of Alabama
of 2022; to provide that the people also may propose the
enactment of general laws and constitutional amendments by an
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enactment of general laws and constitutional amendments by an
initiative measure subject to the same limitations imposed on
the Legislature and that the Legislature may offer an
alternate proposal.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Part I. (a)(1) The people may propose by the
initiative process that a general law be enacted by filing
with the Secretary of State a concise summary of the proposal
accompanied by a preliminary petition signed by no less than
1000 qualified Alabama voters and a filing fee of one thousand
dollars ($1,000). The filing fee shall be refundable, less any
administrative expenses incurred, if the initiative is
successfully adopted or enacted.
(2) The preliminary filing must be in the name of an
individual qualified elector who becomes the registered agent
for the proposition. The named individual registered agent is
the responsible party for any future filings and must file any
election reports and disclosures required by the election laws
in the same manner as a candidate seeking elected office. The
registered agent is subject to all other requirements and
liabilities as candidates for office.
(3) The Secretary of State shall verify that the name
and address of each qualified Alabama voter signing the
preliminary petition are the same or substantially similar to
the name and address that appear on the registered voter list.
(b) The Secretary of State shall review the
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(b) The Secretary of State shall review the
preliminary filing subject to any restrictions and limitations
imposed by the Legislature by general law and any
administrative rules adopted by the Secretary of State
regarding initiatives. Upon approval, the Secretary of State
shall certify to the registered agent the preliminary summary
of the proposal for preparation of the full text and official
summary of the proposal.
(c) Upon the request of the registered agent,
accompanied by the certification by the Secretary of State,
the Alabama Law Institute shall prepare the full text of the
initiative proposal, along with an official summary within 90
days after the request, unless the registered agent agrees in
writing to extend the time for preparation. The registered
agent must file a copy of the full text and summary as
prepared by the Alabama Law Institute with the Secretary of
State for registration and publication to seek signatures for
the final filing and to proceed for legislative consideration.
(d) Upon receipt of the full text and summary of a
proposal filed by the registered agent, the Secretary of State
shall publish the full text and summary of the proposal on the
Secretary of State's website. The full text of each proposal
shall remain published on the website for a period of no less
than 90 days. The summary of each proposal shall remain
published on the website throughout the next regular session
of the Legislature.
(e) Any proposal properly filed with the Office of the
Secretary of State prior to the first legislative day of any
regular session shall be published by the Office of the
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regular session shall be published by the Office of the
Secretary of State for the review and consideration by the
individual members of the Legislature. No later than the third
legislative day, the Secretary of State shall prepare and
disseminate to all members of the Legislature a complete list
of the official summaries of all timely filed proposals. Upon
request by any individual member of the Legislature, the
Secretary of State shall provide a copy of the full text of
the proposal to the member. A member may elect to sponsor the
initiative proposal before the Legislature during that regular
session in the same manner as any other sponsored legislation.
(f) If no member of the Legislature elects to sponsor
a proposal, or the registered agent determines that no
suitable action was taken by any individual in the Legislature
on the proposal, the registered agent may resume the
initiative process only after the end of the regular session
by proceeding to obtain signatures in a final petition format
provided by the Secretary of State for qualifying the full
text of the proposal for consideration. The final petition
must be signed by qualified Alabama voters in a number that
equals at least seven percent of the total votes cast for
Governor in the last preceding gubernatorial general election.
Each petition shall contain a minimum number of signatures of
qualified Alabama voters from each congressional district in
the state equal to one percent of the total votes cast for
Governor in the last preceding gubernatorial general election
within each district. The Secretary of State shall verify that
the name and address of each qualified Alabama voter signing
the final petition are the same or substantially similar to
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the final petition are the same or substantially similar to
the name and address that appear on the registered voter list.
The 1,000 signatures contained on the preliminary petition may
be used toward the total requirement for the final petition.
(g) Once the required signatures are obtained, the
registered agent shall submit a copy of the full text of the
proposal, the summary, and final petition to the Secretary of
State. The registered agent has two calendar years from the
date of registration of the full text of the proposal and
summary to qualify the proposal and summary for final filing
and consideration. The Secretary of State shall issue to the
registered agent a certification for filing the full text
proposal and summary with the Legislature. The registered
agent must file the full text proposal and summary with the
Legislature within two years and an initiative proposal may
only be filed in a regular session of the Legislature.
(h) A full text proposal and summary for the enactment
of a general law shall be submitted by the registered agent
with certifying documentation from the Secretary of State to
the Legislature 30 days prior to the first legislative day of
the regular session by filing a copy with the Legislative
Services Agency, Legal Division and Fiscal Division, for a
constitutional and fiscal analysis, respectively. The
Secretary of the Senate and the Clerk of the House of
Representatives shall prefile in the respective houses the
proposal for a general law and on the first day of the session
the proposal shall be introduced by the President Pro Tempore
of the Senate and the Speaker Pro Tempore of the House of
Representatives. The proposal shall be presented in bill form
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Representatives. The proposal shall be presented in bill form
and treated in every respect the same as any other bill for a
general law except as otherwise provided by this amendment and
except that the measure shall not be sent to the Governor nor
require the Governor's signature. The Legislature, upon
considering the proposal for the enactment of a general bill
by the initiative, may not alter or amend the original
proposal; however, the Legislature may offer an alternate
proposal to be considered in the same manner. If the
Legislature does not enact the proposal by 12:01 a.m. of the
30th legislative day, the proposal shall be placed on the
ballot by the Secretary of State. If the Legislature approves
an alternate proposal, both the original proposal from the
initiative process and the alternate legislative proposal
shall be placed on the ballot. The question shall be submitted
to the qualified voters at the first statewide election held
90 days or more after the Legislature adjourns. No special
election may be called solely for the purpose of a voter
initiative. "Enact" as used in this subsection means the
proposal is considered for a third reading before each body
and is voted upon by each house of the Legislature, in its
original form as proposed, by the end of the 29th legislative
day. The proposal may be a bill for a new statute, a bill to
amend an existing statute, or a bill to repeal an existing
statute in whole or in part. Upon enactment in the
Legislature, the Secretary of the Senate or the Clerk of the
House of Representatives, respectively, shall deliver any
enactment by the initiative proposal to the Secretary of
State. The time for delivery from the Legislature to the
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State. The time for delivery from the Legislature to the
Secretary of State shall be the same as for the Governor
pursuant to Section 125 of the Constitution of Alabama of
2022, and shall not be subject to veto of any nature. The
initiative proposal for a general law enacted by the
Legislature shall become law effective upon delivery to the
Secretary of State, or upon the terms of the initiative. If
two or more proposals, including an initiative proposal and a
legislative alternative for a general law, proposed separately
for the initiative procedure or as an initiative and an
alternate legislative proposal, relating to essentially the
same subject, appear on the ballot and are adopted, the
measure that receives the highest number of affirmative votes
shall prevail to the extent of any conflict.
(i) No measure proposed as a statutory initiative
shall be sent to the Governor, but shall be sent directly to
the Legislative Services Agency, Legal Division, for
preparation of a review and comment, including an official
summary of the proposal for use on the ballot. Both the ballot
title and the official summary for the ballot shall be
impartial and not likely to create prejudice for or against
the measure and shall be prepared in consultation with the
initiative committee and proponents. The initiative shall be
sent to the Secretary of State for inclusion in the
appropriate election.
(j) No law adopted by the initiative under this
amendment shall be repealed or amended except by vote of the
people, unless it is otherwise provided by its terms.
Part II. (a) The people may propose a constitutional
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Part II. (a) The people may propose a constitutional
amendment with statewide application by filing a preliminary
petition containing a summary of the proposal with the
Secretary of State and proceeding further in the same manner
and with the same requirements and following the same
procedures as for the petition process and the proposal of a
general law outlined in Part I, including the refund of the
filing fee, less any administrative expenses incurred, for an
initiative that is successfully adopted; provided, however,
the petition must be signed by qualified Alabama voters and
verified as outlined in Part I. The total number of signatures
on the final petition required for a proposed constitutional
amendment must equal at least 10 percent of the total votes
cast for Governor in the last preceding gubernatorial general
election. Each final petition shall contain a minimum number
of signatures of qualified Alabama voters from each
congressional district in the state equal to 1.3 percent of
the total votes cast for Governor in the last preceding
gubernatorial general election within each district. The
Legislature may approve an alternative amendment which shall
appear on the ballot at the same time following the same
procedure as for a general law in Part I.
(b) The proposal and any alternative shall be
submitted to the qualified voters at the first statewide
election held 90 days or more after the measure qualifies;
however, a special election may not be called solely for the
purpose of a voter initiative proposal.
(c) No measure proposed pursuant to this part of this
amendment shall be sent to the Governor, but shall be sent
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amendment shall be sent to the Governor, but shall be sent
directly to the Legislative Services Agency, Legal Division,
for preparation of a review and comment, including an official
summary of the proposal for use on the ballot. Both the ballot
title and the official summary shall be impartial and not
likely to create prejudice for or against the measure and
shall be prepared in consideration with the initiative
committee and proponents. The initiative shall be sent to the
Secretary of State for inclusion in the appropriate election.
(d) A proposed amendment or the legislative
alternative shall become part of this constitution if approved
by a majority of electors voting on the proposal.
(e) If two constitutional amendments proposed
separately by the initiative procedure relating to essentially
the same subject appear on the ballot and are adopted, the
amendment which receives the highest number of affirmative
votes shall prevail to the extent of any conflict and shall be
proclaimed upon the date of ratification.
(f) No more than two pieces of legislation proposed
pursuant to this amendment may be enacted by the Legislature
pursuant to this amendment in any legislative session. If more
than two pieces of legislation are proposed, the two pieces of
legislation which may be enacted or placed on the ballot shall
be the two proposals having the greatest number of signatures.
If a proposal by initiative, whether a general bill or an
amendment to the Constitution of Alabama of 2022, has an
alternative proposal made by the Legislature, the ballot
language shall be as follows:
Do you favor amending general law or proposing a
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Do you favor amending general law or proposing a
constitutional amendment regarding _____?
Yes ___ No ___
Which change do you prefer?
____ (A) The change proposed by the initiative process
which _________.
____ (B) The change offered as an alternative proposal
which _______.
Part III. If an initiative proposed by Part I or Part
II fails to be adopted or approved pursuant to the process
provided in this amendment, an identical initiative may not be
resubmitted sooner than two years following the failure of the
prior initiative.
Upon ratification of this constitutional amendment,
the Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
number for the proposed constitutional amendment on the
election ballot and shall set forth the following description
of the substance or subject matter of the proposed
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of the substance or subject matter of the proposed
constitutional amendment:
"Proposing an amendment to the Constitution of Alabama
of 2022, providing that the people may initiate the enactment
of certain general laws or constitutional amendments and that
the Legislature may offer an alternative proposal.
Proposed by Act ________."
This description shall be followed by the following
language:
"Yes ( ) No ( )."
Section 3.The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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