Jonah Patel
Alabama has had seven state constitutions, with the current one being amended 12 times. The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (over 50%) is required for voters to approve constitutional amendments, and amendments do not require the governor's signature to be referred to the ballot. The Alabama Constitution of 2022, a recompiled constitution, was approved on November 8, 2022, and voters approved a new amendment to it on November 5, 2024.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 7 |
| Number of amendments | 12 |
| Last amendment | November 5, 2024 |
| Number of articles | 18 |
| Number of local provisions | 134 |
| Minimum votes in the Alabama House of Representatives | 63 |
| Minimum votes in the Alabama State Senate | 21 |
| Minimum votes to pass in the Alabama House and Senate | 60% |
| Minimum votes to approve constitutional amendments | 50% + 1 |
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What You'll Learn
Alabama Constitution amendment methods
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A legislative process requires a 60% vote from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate. A state constitutional convention, on the other hand, requires a simple majority in each chamber during one legislative session to send a constitutional convention question to voters. A simple majority vote by the electorate is then required to call the convention, and any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
In Alabama, the Constitution requires "three-fifths of a quorum present" to vote on blocking items in the House or Senate (BIRs). However, Alabama House rules allow BIRs to pass with a three-fifths majority of those voting yes. If more than one-third of members of either the House or Senate oppose a bill, they can block it. This mechanism was more relevant when the Legislature was more evenly divided along party lines.
The Alabama Constitution of 2022, a recompiled constitution, was approved on November 8, 2022. Voters last approved a new amendment to the Alabama Constitution on November 5, 2024. Alabama has had seven state constitutions, with constitutional conventions in 1819, 1861, 1865, 1868, 1875, and 1901. The current constitution has been amended 12 times.
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Legislative process
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A legislative process requires a 60% vote from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
A state constitutional convention, on the other hand, requires a simple majority in each chamber during one legislative session to send a constitutional convention question to voters. A simple majority vote by the electorate is then required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
In Alabama, the Legislature can vote on local legislation, and in 2023, 30% of the bills passed by the State Legislature applied to a specific county or locality. This has resulted in Alabama's Constitution being the longest state constitution in the U.S. Proponents of a proposed amendment to the Constitution of Alabama of 2022 want to avoid future legal challenges by exempting local legislation.
The legislative process for amending the Alabama Constitution can be complex and involves multiple steps. It is important to note that any amendments to the Alabama Constitution require voter approval, with a simple majority vote (50% plus 1) required for ratification.
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State constitutional convention
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A state constitutional convention is a gathering of elected delegates who propose revisions and amendments to the state constitution. Alabama has had six other state constitutions, with constitutional conventions in 1819, 1861, 1865, 1868, 1875, and 1901.
To initiate a state constitutional convention in Alabama, a simple majority in each chamber of the legislature (a minimum of 63 votes in the House of Representatives and 21 votes in the State Senate) is required during one legislative session to send a constitutional convention question to voters. A simple majority vote (50% plus 1) by the electorate is then required to call the convention.
Any proposed amendments approved by the convention are then put to a statewide referendum and must be ratified by a simple majority vote of the electorate. These amendments do not require the governor's signature to be referred to the ballot.
The state constitutional convention process allows for more significant revisions and changes to the constitution compared to the legislative process, which typically involves more incremental amendments. It provides an opportunity for a comprehensive review and revision of the constitution, addressing multiple issues and concerns at once.
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Voter approval
The Alabama Constitution can be amended with a legislative or convention-referred constitutional amendment, but all require voter approval. The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments.
A 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
A simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
Voters last approved a new amendment to the Alabama Constitution on November 5, 2022.
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Local legislation
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention. A legislative process requires a 60% vote from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. This amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. The Alabama Legislature consists of the House of Representatives and the Alabama State Senate. The House has 105 members representing 105 districts, with members serving a four-year term. The Senate has 35 members representing 35 districts, each serving a four-year term.
A state constitutional convention requires a simple majority in each chamber during one legislative session to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
The Alabama Constitution can also be amended through local legislation. Alabama has a bicameral legislature, which means it consists of two chambers: the House of Representatives and the Senate. Municipal codes are not created by the state legislature but by counties, cities, and other local government bodies. The Alabama Legislative Services Agency provides a resource called the State of Alabama Local Laws Index, which allows users to search for local laws by individual counties or as a whole. The online index contains local laws from 1819 to 2017 and is updated annually.
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Frequently asked questions
The Alabama Constitution provides two mechanisms for amending the state's constitution: a legislative process and a state constitutional convention.
A legislative or convention-referred constitutional amendment requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments. A 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot.
A simple majority in each chamber during one legislative session is required to send a constitutional convention question to voters. A simple majority vote by the electorate is required to call the convention. Any proposed amendments approved by the convention require a simple majority vote of the electorate to be ratified.
Alabama has had seven state constitutions. The current constitution has been amended 12 times and has 18 articles. The Alabama Constitution of 2022, a recompiled constitution, was approved on November 8, 2022. Voters last approved a new amendment to the Alabama Constitution on November 5, 2024.
A proposed amendment to the 2022 Alabama Constitution was to amend Section 71.01, authorizing the Legislature to sign and transmit local laws or constitutional amendments before the transmission of basic appropriations. Another example is a focus on exempting local legislation from constitutional challenges.
