Alabama Const. art. 18, § 284 — Alabama Constitution / Article 18 / Section 284
Manner of proposing amendments; submission of amend ments to electors; election on amendments; proclama tion of result of election; basis of representation in legislature not to be changed by amendmen
Status: in_force

Sec. 284. Manner of proposing amendments; submission of amend ments to electors; election on amendments; proclama tion 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

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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 morecounties, 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 257

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 ofthe 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: (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). 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. (c) If after having been approved by at least a three-fifths vote of the elected members of either house ofthe 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 258

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.