(Our view) Before we vote, we need to understand what we’re voting for
Published 12:00 am Saturday, March 2, 2024
Not all Alabama voters know that they will be asked to vote on a constitutional amendment on March 5, but it’s more certain that most of us won’t understand it at first blush.
The amendment, Statewide Amendment Number 1, or the Alabama Exempt Local Bills from Budget Isolation Resolution Amendment, is clearly printed on every Republican or Democrat ballot: “Proposing an amendment to the Constitution of Alabama of 2022, to amend Section 71.01 authorizing the Legislature to sign and transmit local laws or constitutional amendments before the transmission of basic appropriations. (Proposed by Act 2023-562)”
What’s not so clear is what that means.
As the way the Alabama Constitution is written now, it effectively takes the legislature two votes to consider certain local measures if the state’s two budgets are not yet passed — one to pass a “Budget Isolation Resolution” by a 60% majority and, if that is achieved, a vote on the measure itself. In other words, the constitution prizes passed budgets — the Legislature’s obligatory role — over local legislation.
Amendment One would allow the legislature to address local bills by a simple majority (50% plus one vote) before the budgets are passed. No BIR or 60% required.
The Alabama Fair Ballot Commission explains it this way: “This amendment will change Section 71.01 of the Alabama Constitution. Section 71.01 establishes the priority of the next year’s budgets over the approval of other laws by the Legislature. Currently, Section 71.01 prohibits bills or laws from being considered by the House of Representatives or the Senate before the budgets are approved by the Legislature and sent to the governor, unless an additional vote is approved by the House and Senate of at least a three-fifths vote. This amendment will change Section 71.01 to provide exceptions for the passage of local laws or local constitutional amendments.
“If the majority of voters vote ‘yes’ on Amendment One, Section 71.01 of the Alabama Constitution will be changed to allow proposed local laws and proposed local constitutional amendments to be considered before the budgets are approved and sent to the governor without the additional three fifths vote.
“If the majority of voters vote ‘no’ on Amendment One, Section 71.01 of the Alabama Constitution will not be changed and proposed local laws and proposed local constitutional amendments will continue to require the additional three-fifths vote before being considered.”
Proponents and the sponsor of the amendment, Sen. Clyde Chambliss Jr. (R-Prattville), say that Amendment One would streamline government and make the process more efficient — with no statewide harm done due to legislation since the measures considered would affect only the local entities.
Conservative think tank Alabama Policy Institute, though, suggests caution and that, if the amendment is approved, “after March 5, 2024, a BIR would no longer be required to debate and pass local bills and local constitutional amendments that come before the Legislature in the absence of the state budgets being enacted. The point, proponents say, is to be able to pass local bills faster and easier while ameliorating the lingering legal issues. That is not streamlining government, it is fast-tracking it. Legislative hurdles are there for a reason. The process is supposed to be arduous, messy and methodical, not quick or easily manipulated from the top-down.”
Where you fall at either extreme or somewhere between “efficiency” and “fast-tracking” will determine your “yes” or “no” vote on Amendment One. And that’s up to you.
But at least you’ll know what you’re voting for.