ALERT AND UPDATE

April 28, 2005

THE TEXT OF HB276 IS AT

THE BOTTOM OF THIS PAGE

PRESS RELEASE BY REPRESENTATIVE MIKE BALL

AUTHOR OF HOUSE BILL 276

*****************************************

For Immediate Release                                                                                            April 27, 2005

HOUSE COMMITTEE PASSES INITIATIVE AND REFERENDUM LEGISLATION SPONSORED BY

REP. MIKE BALL

Montgomery – Rep. Mike Ball (R – Huntsville ) on Wednesday said today’s unanimous approval of Initiative and

Referendum legislation he submitted to the House Constitution and Elections Committee indicates the important measure

could be passed during the next session of the Legislature.

 “The constitutional amendment approved in committee today gives the citizens of Alabama control over the destiny and

direction of their state, and I believe it will pass if addressed earlier in the next regular session,” Ball said.  “Initiative and

Referendum is the ultimate example of democracy in action and ensures that legislators in Montgomery are reminded that

they serve the people and not the special interests.”

Ball’s legislation (HB276) would amend the 1901 Alabama Constitution to give citizens of the state a process to pass laws

and amendments without having to go through the Legislature.  By doing so, citizens are given an avenue to address issues

and needs that legislators are unable or unwilling to tackle.

The initiative process would require citizens to file a summary of their proposed law with the Secretary of State’s office along

with a preliminary petition signed by 1,000 registered voters and a $1,000 check to cover administrative costs.  Once the

petition has been approved and subsequent legislation drafted by the Alabama Law Institute has been published publicly, a

final petition must be submitted.  The final petition must include signatures from each congressional district equal to one

percent of the votes cast in the most recent gubernatorial election.

At that point, the Legislature would be given an opportunity to enact the proposal through the regular lawmaking process. 

If the Legislature declines to address the proposal or pass a viable alternative, the measure would be placed on the next

statewide ballot as a referendum item for voters to approve or decline.

Currently, 24 states across the country have a similar I&R process in place for citizens to utilize.  Ball said he hopes that

Alabama will become the 25^th state once lawmakers pass his proposed constitutional amendment next session and voters

approve it in a future statewide referendum election.

********************************************

COMMENTS BY DR. I.Q.

To the best of my knowledge, and others I have consulted, no Initiative and Referendum

bill has ever advanced even this short distance toward enactment in the Alabama Legislature,

so Representative Ball is to be commended and congratulated for having successfully steered

his bill to this point.

His exuberance over this achievement is obvious in this press release, and I can’t fault him

for that.

However, I can’t help wondering if he may, perhaps, be a bit overly optimistic about having

a similar bill being approved by the legislature as early as next year to appear on our ballots

as a referendum, for several reasons.

[1] One has to question the validity of the unanimous vote by the C&E Committee. It is

possible the commitment to I&R by those who voted “aye” is solid, but having watched

the way some politicians operate, it is also possible that at least some of them voted

favorably only because they knew this was as far as the bill could go this session [with time

about to expire], so they wanted their constituents to “think” they favor a bill they know the

voters would want.

[2] This vote was just from a committee of 15 members, out of 105 in the House of

Representatives plus another 35 senators; and the identical bill [SB253] introduced in the

senate this session by Senator Ted Little has gotten no further than that – just introduced,

and stuck in the Senate Rules Committee where it could expire, unnoticed by everyone

unless they went looking for it.

[3] I believe we would be naïve to really think a majority of 140 legislators would be willing

to share even a small fraction of their power with voters, UNLESS THEY ARE AFRAID

NOT TO, AND THAT WILL BE THE KEY TO BRINGING I&R TO ALABAMA. That

fear must be generated by a grassroots movement of Alabamians who tell their legislators

that they want I&R approved in the next session, or else they will likely lose all of their

power as a result of the 2006 statewide elections, which will follow. It is up to you, me,

and everyone we can muster to our side, to unite and send that message to all of the

members of the legislature, starting now.

One positive thing which would help tremendously, since 2006 is an election year, would

be for one or more of the candidates for governor to make obtaining I&R a central issue

of their campaign [and my prognosis is that if only one does that, they will be easily

elected].

So, when the candidates officially announce their intention to run, ask each one to make

I&R an issue if they want your support.

   ********************************

*****TEXT OF HB276*****

1 HB276

2 69560-1

3 By Representatives Ball, Galliher, Love, Ward, Gaston,

4 Hinshaw, Grimes, Hill, McClendon, Carns, Grantland, Fite,

5 Wood, Brewbaker, Oden, Clouse, Beason, McLaughlin, Coleman

6 (M), Williams (N), Greer, Martin, Albritton, Davis and Schmitz

7 (Constitutional Amendment)

8 RFD: Constitution and Elections

9 First Read: 03-FEB-05

1 69560-1:n:09/01/2004:DSM/th LRS2004-3269

8 SYNOPSIS: Under existing law, the Constitution of

9 Alabama of 1901 may be amended by the Legislature

10 submitting a proposed constitutional amendment for

11 ratification or rejection by the people which

12 becomes effective upon ratification and

13 proclamation. Laws must be enacted by the

14 Legislature and generally become effective upon

15 enactment or at a later date provided by the

16 statute.

17 This bill would propose an amendment to the

18 Constitution of Alabama of 1901 to provide that the

19 people also may propose the enactment of general

20 laws and constitutional amendments by an initiative

21 measure subject to the same limitations imposed on

22 the Legislature and that the Legislature may offer

23 an alternate proposal.

25 A BILL

26 TO BE ENTITLED

27 AN ACT

2 To propose an amendment to the Constitution of

3 Alabama of 1901, to provide that the people may initiate the

4 enactment of certain general laws or constitutional amendments

5 by an initiative and that the Legislature may offer an

6 alternate proposal.

7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

8 Section 1. The following amendment to the

9 Constitution of Alabama of 1901, as amended, is proposed and

10 shall become valid as a part thereof when approved by a

11 majority of the qualified electors voting thereon and in

12 accordance with Sections 284, 285, and 287 of the Constitution

13 of Alabama of 1901, as amended:

14 PROPOSED AMENDMENT

15 I. (a) The people may propose by the initiative

16 process that a general law be enacted by filing with the

17 Secretary of State a concise summary of the proposal

18 accompanied by a preliminary petition signed by no less than

19 1000 qualified Alabama voters and a filing fee of one thousand

20 dollars ($1,000) to cover the administrative costs of

21 processing the initiative. The preliminary filing must be in

22 the name of an individual qualified elector who becomes the

23 registered agent for the proposition. The named individual

24 registered agent is the responsible party for any future

25 filings and must file any election reports and disclosures

26 required by the election laws in the same manner as a

27 candidate seeking elected office. The registered agent is

1 subject to any and all other requirements and liabilities for

2 candidates for office. The name and address of each qualified

3 Alabama voter signing the preliminary petition must appear the

4 same as that information appears on the registered voter list.

5 (b) The Secretary of State shall review the

6 preliminary filing subject to any restrictions and limitations

7 imposed by the Legislature by general law and any

8 administrative rules promulgated by the Secretary of State

9 regarding initiatives. Upon approval, the Secretary of State

10 shall certify to the registered agent the preliminary summary

11 of the proposal for preparation of the full text and official

12 summary of the proposal.

13 (c) Upon the request of the registered agent,

14 accompanied by the certification by the Secretary of State,

15 the Alabama Law Institute shall prepare the full text of the

16 initiative proposal along with an official summary within 90

17 days of the request unless the registered agent agrees in

18 writing to extend the time for preparation. The registered

19 agent must file a copy of the full text and summary as

20 prepared by the Alabama Law Institute with the Secretary of

21 State for registration and publication to seek signatures for

22 the final filing and to proceed for legislative consideration.

23 (d) Upon receipt of the full text and summary of a

24 proposal filed by the registered agent, the Secretary of State

25 shall publish the full text and summary of the proposal on the

26 Secretary of State's website. The full text of each proposal

27 shall remain published on the website for a period of no less

1 than 90 days. The summary of each proposal shall remain

2 published on the website throughout the next regular session

3 of the Legislature.

4 (e) Any proposal properly filed with the Secretary

5 of State's office prior to the first legislative day of any

6 regular session shall be published by the Secretary of State

7 for the review and consideration by the individual members of

8 the Legislature. No later than the third legislative day, the

9 Secretary of State shall prepare and disseminate to all

10 members of the Legislature a complete list of the official

11 summaries of all timely filed proposals. Upon request by any

12 individual member, the Secretary of State shall provide a copy

13 of the full text of the proposal to the member. A member may

14 elect to sponsor the initiative proposal before the

15 Legislature during that regular session the same as any other

16 sponsored legislation.

17 (f) In the event that no member of the Legislature

18 elects to sponsor a proposal, or the registered agent

19 determines that no suitable action was taken by any individual

20 in the Legislature on the proposal, the registered agent may

21 resume the initiative process only after the end of the

22 regular session by proceeding to obtain signatures in a final

23 petition format provided by the Secretary of State for

24 qualifying the full text of the proposal for consideration.

25 The final petition must be signed by qualified Alabama voters

26 in a number that equals at least seven percent of the total

27 votes cast for Governor in the last preceding gubernatorial

1 general election. Each petition shall contain a minimum number

2 of signatures of qualified Alabama voters from each

3 congressional district in the state equal to one percent of

4 the total votes cast for Governor in the last preceding

5 gubernatorial general election within each district. The name

6 and address of each qualified Alabama voter signing the final

7 petition must appear the same as that information appears on

8 the registered voter list. The 1,000 signatures contained on

9 the preliminary petition may be used towards the total

10 requirement for the final petition.

11 (g) Once the required signatures are obtained, the

12 registered agent shall submit a copy of the full text of the

13 proposal, the summary, and final petition to the Secretary of

14 State. The registered agent has two calendar years from the

15 date of registration of the full text of the proposal and

16 summary to qualify the proposal and summary for final filing

17 and consideration. The Secretary of State shall issue to the

18 registered agent a certification for filing the full text

19 proposal and summary with the Legislature. The registered

20 agent must file the full text proposal and summary with the

21 Legislature within two years and an initiative proposal may

22 only be filed in a Regular Session of the Legislature.

23 (h) A full text proposal and summary for the

24 enactment of a general law shall be submitted by the

25 registered agent with certifying documentation from the

26 Secretary of State, to the Legislature 30 days prior to the

27 first legislative day of the Regular Session by filing a copy

1 with the Legislative Reference Service and the Legislative

2 Fiscal Office for a constitutional and fiscal analysis

3 respectively. The Secretary of the Senate and the Clerk of the

4 House shall prefile in the respective houses the proposal for

5 a general law and on the first day of the session the proposal

6 shall be introduced by the President Pro Tempore of the Senate

7 and the Speaker Pro Tempore of the House. The proposal shall

8 be presented in bill form and treated in every respect the

9 same as any other bill for a general law except as otherwise

10 provided by this amendment and except that the measure shall

11 not be sent to the Governor nor require the Governor's

12 signature. The Legislature upon considering the proposal for

13 the enactment of a general bill by the initiative may not

14 alter or amend the original proposal; however, the Legislature

15 may offer an alternate proposal to be considered in the same

16 manner. If the Legislature does not enact the proposal by

17 12:01 a.m. of the 30th legislative day, the proposal shall be

18 placed on the ballot by the Secretary of State. If the

19 Legislature approves an alternate proposal, both the original

20 proposal from the initiative process and the alternate

21 legislative proposal shall be placed on the ballot. The

22 question shall be submitted to the qualified voters at the

23 first statewide election held 90 days or more after the

24 Legislature adjourns. No special election may be called solely

25 for the purpose of a voter initiative. "Enact" as used in this

26 amendment means the proposal is considered for a third reading

27 before each body and is voted upon by each house of the

1 Legislature, in its original form as proposed, by the end of

2 the 29th legislative day. The proposal may be a bill for a new

3 statute, a bill to amend an existing statute, or a bill to

4 repeal an existing statute in whole or in part. Upon enactment

5 in the Legislature, the Secretary of the Senate or the Clerk

6 of the House, respectively, shall deliver any enactment by the

7 indirect initiative to the Secretary of State. The time for

8 delivery from the Legislature to the Secretary of State shall

9 be the same as for the Governor pursuant to Section 125 of the

10 Constitution of Alabama of 1901, and shall not be subject to

11 veto of any nature. The initiative proposal for a general law

12 enacted by the Legislature shall become law effective upon

13 delivery to the Secretary of State, or upon the terms of the

14 initiative. If two or more proposals including an initiative

15 proposal and a legislative alternative for a general law,

16 proposed separately for the initiative procedure or as an

17 initiative and an alternate legislative proposal, relating to

18 essentially the same subject, appear on the ballot and are

19 adopted, the measure which receives the highest number of

20 affirmative votes shall prevail to the extent of any conflict.

21 (i) No measure proposed as a statutory initiative

22 shall be sent to the Governor, but shall be sent directly to

23 the Legislative Reference Service for preparation of a review

24 and comment, including an official summary of the proposal for

25 use on the ballot. Both the ballot title and the official

26 summary for the ballot shall be impartial and not likely to

27 create prejudice for or against the measure and may be

1 prepared in consultation with the initiative committee and

2 proponents. The initiative shall be sent to the Secretary of

3 State for inclusion in the appropriate election.

4 (j) No law adopted by the initiative under this

5 section shall be repealed or amended except by vote of the

6 people, unless it is otherwise provided by its terms.

7 II. (a) The people may propose a constitutional

8 amendment with statewide application by filing a preliminary

9 petition containing a summary of the proposal with the

10 Secretary of State and proceeding further in the same manner

11 and with the same requirements and following the same

12 procedures as for the proposal of a general law outlined in I.

13 above; provided, however, the total number of signatures on

14 the final petition required for a proposed constitutional

15 amendment must equal at least 10 percent of the total votes

16 cast for Governor in the last preceding gubernatorial general

17 election. The Legislature may approve an alternative amendment

18 which shall appear on the ballot at the same time following

19 the same procedure as for a general law in I. above.

20 (b) The proposal and any alternative shall be

21 submitted to the qualified voters at the first statewide

22 election held 90 days or more after the measure qualifies;

23 however, a special election may not be called solely for the

24 purpose of a voter initiative proposal.

25 (c) No measure proposed pursuant to this amendment

26 shall be sent to the Governor, but shall be sent directly to

27 the Legislative Reference Service for preparation of a review

1 and comment, including an official summary of the proposal for

2 use on the ballot. Both the ballot title and the official

3 summary shall be impartial and not likely to create prejudice

4 for or against the measure and may be prepared in

5 consideration with the initiative committee and proponents.

6 The initiative shall be sent to the Secretary of State for

7 inclusion in the appropriate election.

8 (d) A proposed amendment or the legislative

9 alternative shall become part of the Constitution if approved

10 by a majority of electors voting on the proposal.

11 (e) If two constitutional amendments proposed

12 separately by the initiative procedure, relating to

13 essentially the same subject, appear on the ballot and are

14 adopted, the amendment which receives the highest number of

15 affirmative votes shall prevail to the extent of any conflict

16 and shall be proclaimed upon the date of ratification.

17 (f) No more than two pieces of legislation proposed

18 pursuant to this amendment may be enacted by the Legislature

19 pursuant to this amendment in any legislative session. If more

20 than two pieces of legislation are proposed, the two pieces of

21 legislation which may be enacted or placed on the ballot shall

22 be the two proposals having the greatest number of signatures.

23 If a proposal by initiative, whether a general bill or an

24 amendment to the Constitution of Alabama of 1901, has an

25 alternative proposal made by the Legislature, the ballot

26 language shall be as follows:

1 Do you favor amending general law or proposing a

2 constitutional amendment regarding_____?

3 Yes___ No___

4 Which change do you prefer?

5 ____(A) The change proposed by the initiative

6 process which_________.

7 ____(B) The change offered as an alternative

8 proposal which_______.

9 Section 2. An election upon the proposed amendment

10 shall be held in accordance with Sections 284 and 285 of the

11 Constitution of Alabama of 1901, as amended, and the election

12 laws of this state.

13 Section 3. The appropriate election official shall

14 assign a ballot number for the proposed constitutional

15 amendment on the election ballot and shall set forth the

16 following description of the substance or subject matter of

17 the proposed constitutional amendment:

18 "Proposing an amendment to the Constitution of

19 Alabama of 1901, providing that the people may initiate the

20 enactment of certain general laws or constitutional amendments

21 and that the Legislature may offer an alternative proposal.

22 "Proposed by Act ________."

23 This description shall be followed by the following

24 language:

25 "Yes ( ) No ( )."

*********************************

  HOME     FORMULARY     CONTACT DR. I.Q.