MONTGOMERY — In less than five weeks, voters will decide on renaming and updating Alabama’s Constitution, which proposes removing racist and outdated provisions.
The state’s Constitution has been amended nearly 1,000 times since its establishment in 1901 and lawmakers said the updated proposal seeks to reorganize the historic document.
If the majority of voters vote “yes” on the reorganized constitution, the Constitution of 2022 will replace the Constitution of 1901 as the governing document for the state.
According to the state’s summary, the Constitution of Alabama of 2022 will: rearrange the constitution so that similar subjects are located together; delete repeated or repealed portions/language; place all amendments which deal with economic development together; arrange local amendments by county; and remove racist language.
Such racist language includes:
• Section 32 of the 1901 constitution that justifies involuntary servitude if convicted of a crime, stating: “That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.”
The proposed Constitution of Alabama of 2022 removes the language, “otherwise than for the punishment of crime, of which the party shall have been duly convicted.”
Involuntary servitude in most cases is defined as service or labor performed against one’s will and some have equated it to slavery. Lawmakers have said previously that it should not affect the criminal justice system, but the change could have bearings on inmate labor.
• The new constitution would entirely remove section 259, which allowed poll taxes — a deterrent in preventing poor people from voting — collected to support the education system. Poll taxes were outlawed for federal elections by a U.S. constitutional amendment in 1964, and repealed in the state constitution in 1996.
• Language related to segregation of schools in Section 256 in the 1901 state constitution would also removed if voters approve the Constitution of Alabama of 2022. The proposal removes “Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race.”
Two prior attempts to remove such language failed by voters, though those previous measures were coupled with other proposed changes on the ballot question.
Voters to also weigh in on criminal justice topics
Bail for certain crimes
Voters will vote “yes” or “no” on Statewide Amendment 1, which would create Aniah’s Law, which would give judges more discretion to deny bail to someone charged with murder, kidnapping, rape, sodom, domestic violence human trafficking, burglary, arson, robbery and aggravated abuse of a child under six.
The bill is named for Aniah Blanchard, who was abducted from an Auburn gas station and murdered in 2019; Her murderer was out on bond for kidnapping and murder at the time.
Death penalty
Statewide Amendment 3, if approved, would require the governor to provide notice to the victim’s family prior to granting reprieve (temporary suspension of a death sentence) or commutation (a lesser sentence) to a person sentenced to death. The reprieve or commutation would be voided if the governor fails to do so.
According to Death Penalty Information Center, there’s currently 170 inmates on death row; Only one person has been granted clemency since 1976, according to DPIC.
Seven other statewide constitutional amendments will appear on ballots for the Nov. 8 general election. A full list of statewide ballot questions can be found on the Alabama Secretary of State Website at https://www.sos.alabama.gov/alabama-votes/voter/ballot-measures/statewide.
Oct. 24 is the last day to register to vote in the election.
