Since it is incumbent on every citizen to be informed about the issues before voting, here's a list of the amendments which will be on the Alabama ballot tomorrow. For those of you who don't live in Alabama, your state's Secretary of State should have a list of pertinent amendments/resolutions/whatever available for you to study before you go in to the polls.
For those of you not from Alabama, one of the wonderfully quirky things about our state is our Constitution, and the way it requires us to do things. It's well worth several inches explaining it, but that's a topic for another time (be glad).
Thanks to Bill Armistead, Chairman of the Alabama Republican Party, who sent this out in a general push email. The Alabama Republican Party is taking no position on these amendments, but provided this as a courtesy. Kudos to them for doing that!
Amendment 1 - Proposing an amendment to the Constitution of Alabama of 1901, relating to the Forever Wild Land Trust, to reauthorize the trust for a 20-year period. (Proposed by Act No. 2011-315)
Explanation - The Forever Wild Land Trust was established in 1992 and since then has aquired over 227,000 acres across the state, available for hunting and recreational use. Forever Wild is funded by 10% of the interest earned by the Alabama Trust Fund. This amendment is seeking to reauthorize using those funds for Forever Wild.
Voting Yes means you are agreeing to use up to $300 million from the Alabama Trust Fun to purchase additional land for the Forever Wild Program.
Voting No means that you do not agree with using Alabama Trust Funds to purchase additional land for the Forever Wild Program, but it does not stop the current use of land already used by the Forever Wild Program.
Hype and Fail ENDORSES this Amendment. 10% seems to be a reasonable amount to devote to recreational use, and the Forever Wild Trust has been remarkably scandal-free for an Alabama program.
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Amendment 2 - Proposing an amendment to the Constitution of Alabama of 1901, as amended, to allow issuance by the State from time to time of general obligation bonds under the authority of Section 219.04 and Section 219.041 to the Constitution of Alabama of 1901, as amended, so long as the aggregate principal amount of all such general obligation bonds at any time outstanding is not in excess of $750 million. This amendment would replace the maximum aggregate principal limitations currently contained in said Sections 219.04 and 219.041. The proposed amendment would also allow issuance by the State of general obligation refunding bonds under the authority of Sections 219.04 and 219.041 to the Constitution of Alabama of 1901, as amended, subject to certain minimum savings thresholds and limitations of maximum average maturity. (Proposed by Act No. 2012-567)
Explanation - Is passed, this amendment will allow Alabama to refinance loans at a lower rate. It also allows Alabama to sell up to $750 million in bonds to provide money to give as incentives for new industries to locate in the state.
Voting Yes means you agree with authorizing Alabama to refinance its current debts, as well as allow Alabama to sell up to $750 million in bonds to provide money to give as incentives for new industries to locate in the state.
Voting No means you do not agree with authorizing Alabama to refinance its current debts, as well as allow Alabama to sell up to $750 million in bonds to provide money to give as incentives for new industries to locate in the state.
Hype and Fail ENDORSES this Amendment, as it gives the State the flexibility to refinance debt, as well as issue bonds to get incentive money to bring new industries into the State. Despite complaints, similar incentives have been used successfully in the past, to the betterment of the State as a whole.
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Amendment 3 - Relating to Baldwin County, proposing an amendment to the Constitution of Alabama of 1901, to define the Stockton Landmark District within the county and to prohibit the annexation by local law of any property within the district into any municipality. (Proposed by Act No. 2011-316)
Explanation - (The Constitution requires any change in the Constitution to be voted state-wide even if it is a local county issue.) Stockton, an unincorporated community in Baldwin County, would be designated as Alabama's 1st Landmark District if this Amendment is passed. This will allow residents of Stockton to vote on whether or not their community could be annexed into a municipality if that situation ever arises.
Voting Yes will give the citizens of Stockton the right to vote on whether or not a larger municipality can annex Stockton. Right now, residents in communities such as Stockton do not have this right.
Voting No will allow larger municipalities to annex Stockton without allowing the residents of Stockton to have a say.
Hype and Fail ENDORSES this amendment, as it provides for local choice by the residents of that area. Yeah, it's silly that we have to amend the State Constitution to do this, but it is what it is.
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Amendment 4 - Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Amendment 111, now appearing as Section 256 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, relating to separation of schools by race and to repeal Section 259, Amendment 90, and Amendment 109, relating to the poll tax.(Proposed by Act No. 2011-353)
Explanation - This amendment removes racist language referring to poll taxes and segregation in schools based on race from our state constitution, specifically in Article XIV, Sec. 256 and Sec. 259.
The exact wording being repealed from Section 256: To avoid confusion and disorder and to promote effective and economical planning for education, the legislature may authorize the parents or guardians of minors, who desire that such minors shall attend schools provided for their own race, to make election to that end, such election to be effective for such period and to such extent as the legislature may provide. (As amended by Amendment 111)
The exact wording being repealed from Section 259: All poll taxes collected in this state shall be applied to the support and furtherance of education in the respective counties where collected. (As amended by Amendment 111.)
Voting Yes is a vote to repeal the racist language.
Voting No is a vote to keep the sections as they currently are.
Hype and Fail ENDORSES this amendment, and years for the day when ALL references to race are deleted from EACH AND EVERY GOVERNMENT DOCUMENT, at ALL LEVELS (including the Census!). Yep, we're pretty much ready to move into a REAL post-racial age. The poll tax is another issue altogether, but one thing at a time.
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Amendment 5 - Proposing an amendment to the Constitution of Alabama of 1901, to provide for the transfer of the assets and liabilities of the Water Works and Sewer Board of the City of Prichard to the Board of Water and Sewer Commissioners of the City of Mobile, presently known as the Mobile Area Water and Sewer System. (Proposed by Act No. 2011-543)
Explanation - (The Constitution requires any change in the Constitution to be voted state-wide even if it is a local county issue.) This amendment will call for the Mobile Area Water and Sewer System (MAWSS) to acquire the Water and Sewer Board of the City of Prichard, therefore dissolving Prichard's Water and Sewer Board. This bill specifically states that existing customers of MAWSS will not incur any increases at any time from the acquisition or maintenance of the Water and Sewer Board of the City of Prichard.
Voting Yes authorizes MAWSS to acquire the Water and Sewer Board of the City of Prichard.
Voting No means that the Water and Sewer Board of the City of Prichard remains the same.
Hype and Fail has NO OPINION on this issue.
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Amendment 6 - Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any person, employer, or health care provider from being compelled to participate in any health care system. (Proposed by Act No. 2011-617)
Explanation - This amendment will give the people of Alabama the ability to opt-out of the Patient Protection and Affordable Care Act (PPACA), also known as Obamacare. The bill states, “In order to preserve the freedom of all residents of Alabama to provide for their own healthcare, a law or rule shall not compel, directly or indirectly, any person, employer or healthcare provider to participate in any healthcare system.”
Voting Yes gives Alabamians the right to opt-out of Obamacare.
Voting No will mean that Alabamians will not have the right to opt-out of Obamacare.
Hype and Fail STRONGLY ENDORSES this Amendment!
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Amendment 7 - Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 579 to the Constitution of Alabama of 1901, now appearing as Section 177 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to provide that the right of individuals to vote for public office, public votes on referenda, or votes of employee representation by secret ballot is fundamental. (Proposed by Act No. 2011-656)
Explanation - Throughout the United States it is the accepted practice to allow secret ballots when voting for public office, however the right to vote by secret ballot for employee representation is something many unions do not want to continue. This amendment will ensure that individuals have the right to vote for public office, on referendums and for employee representation by secret ballot.
Voting Yes will ensure the right to vote for employee representation by secret ballot, supporting Alabama's "Right to Work State" status.
Voting No means that the right to vote for employee representation by secret ballot is not ensured.
Hype and Fail STRONGLY ENDORSES this Amendment.
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Amendment 8 - Proposing an amendment to the Constitution of Alabama of 1901, to repeal the existing provisions for legislative compensation and expenses and establish the basic compensation of the Legislature at the median household income in Alabama; to require legislators to submit signed vouchers for reimbursement for expenses; and to prohibit the Legislature from increasing the compensation or expenses payable to its members. (Proposed by Act No. 2012-269)
Explanation - This amendment will repeal the 62% legislative pay-raise that the Alabama legislature passed in 2007, and will tie the salary of Alabama legislators to the annual median household income of Alabama citizens. Alabama legislators will no longer be able to increase their own salaries if this amendment is adopted.
Voting Yes will approve the repeal of the 62% pay increase and make the legislators' salaries to be equal to the median income of Alabama households.
Voting No will mean that 62% pay increase will not be repealed and that legislators can continue to vote for the increase of their own salaries.
Hype and Fail STRONGLY ENDORSES this amendment.
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Amendment 9 - Proposing an amendment to the private corporation provisions of Article 12 of the Constitution of Alabama of 1901, to become effective January 1, 2014, to continue the authority of the Legislature to pass general laws pertaining to corporations and other entities; to continue the authority of the Legislature to regulate and impose a business privilege tax on corporations and other entities; and to repeal various provisions concerning private corporations, railroads, and canals. (Proposed by Act No. 2012-275)
Explanation - This amendment will modernize and remove outdated language (such as references to telegraph companies) in our Constitution, specifically in Article XII, dealing with business entities and the different laws under which they must operate. These changes will provide uniformity and clarity in our law for businesses.
Voting Yes is a vote to remove outdated language in Article XII, as well as enact other changes.
Voting No will keep Article XII as it is.
Hype and Fail ENDORSES this Amendment.
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Amendment 10 - Proposing an amendment to the Constitution of Alabama of 1901, effective January 1, 2014, to amend Section 247 relating to the authority of the Legislature concerning banks and banking, to repeal various other provisions of Article XIII concerning banks and banking; and to repeal
Amendment 154 to the Constitution of Alabama of 1901, now appearing as Section 255.01 of the Official Recompilation of the Constitution of
Alabama of 1901, as amended, subject to the contingency that a new Article XII of the state constitution is adopted that repeals existing
Section 232 of the state constitution, and subject to the contingency that Sections 10A-2-15.01 and 10A-2-15.02, Code of Alabama 1975, are repealed. (Proposed by Act No. 2012-276)
Explanation - This amendment will make changes to Article XIII, which has sections that are outdated or irrelevant to our current banking system, conforming to current legal requirements. Two sections will be repealed, while other sections will be combined in a more logical way.
The exact wording being repealed from Section 249: All bills or notes issued as money shall be at times redeemable in gold or silver, and no law shall be passed sanctioning directly or indirectly the suspension by any bank or banking company of specie of payment. (This section reflects a time when bank notes functioned as the principal medium of exchange, i.e., as money.)
The exact wording being repealed form Section 252: No bank shall receive directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money. (Banking is now heavily regulated by state and federal general laws and regulation, so that this section is no longer needed. See Ala. Code Title 5 and Title 8.)
Voting Yes means you authorize the repeal of section 249 and section 252, and the consolidation of Article XIII.
Voting No means you want Article XIII to stay as it is.
Hype and Fail OPPOSES this amendment. Section 249 needs to stay in! Screw the Federal Reserve, we like sound money, not this fiat crap.
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Amendment 11 - Relating to Lawrence County, proposing an amendment to the Constitution of Alabama of 1901, to prohibit any municipality located
entirely outside of Lawrence County from imposing any municipal ordinance or regulation, including, but not limited to, any tax, zoning,
planning, or sanitation regulations, and any inspection service in its police jurisdiction located in Lawrence County and to provide that a municipality prohibited from imposing any tax or regulation under this amendment shall not provide any regulatory function or police or fire protection services in its police jurisdiction located in Lawrence County, other than public safety mutual aid. (Proposed by Act No. 2012-308)
Explanation - (The Constitution requires any change in the Constitution to be voted state-wide, even if it is a local county issue.) This amendment prohibits officials and municipalities outside Lawrence County from making decisions for zoning, regulation, planning, and sanitation that affect the people living inside Lawrence County.
Voting Yes means that you want municipalities that are not located in Lawrence County to be prohibited from imposing ordinances or regulations on the people of Lawrence County.
Voting No means that you want municipalities that are not located in Lawrence County to be able to impose ordinances or regulations on the people of Lawrence County.
Hype and Fail SUPPORTS this amendment.
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