The vote to approve the proposed Alabama constitution lacks the requisite two-thirds majority first required by Congress, but Congress then amends the law to require only a simple majority. The Alabama Constitution of 1868 declared ratified. This constitution gives more emphasis to education and women's rights. 1868 William H. Smith, a Scalawag from Randolph County, elected governor. A. J. Applegate, a Carpetbagger from Maine, elected lieutenant governor.
Republicans control state legislature.
1870 Disputed gubernatorial election. Both Smith and Robert Lindsay, a Conservative Democrat from Tuscumbia, claim to be governor. Dispute settled by court. Lindsay declared governor. State senate remains under the control of the Republicans.