By Cady Inabinett
Alabamians will have the chance to approve four constitutional amendments during this year’s general election on Nov. 3.
These measures were approved by state legislators during this year’s legislative session; now they go to the state’s voters for approval. This year’s slate of amendments include three measures focused on school policy, and one about the office of lieutenant governor.
Here’s what you can expect to see on your ballot this year:
Amendment 1:
What it says:
“Proposing an amendment to the Constitution of Alabama of 2022, to provide for the
election of a Lieutenant Governor if the Office of Lieutenant Governor becomes vacant during the first two years of a term, to authorize the Legislature to set the salary of the Lieutenant Governor and officers of the Legislature, and to require any expenditure of legislative funds for travel to be approved by a legislative officer.”
What that means:
Essentially this amendment gives the state legislature more control over the office of lieutenant governor by giving the legislature the power to set the lieutenant governor’s salary and approve any of the lieutenant governor’s travel expenses.
The amendment would also create a procedure for holding elections for the lieutenant governorship if the office were to be vacated partway through a term. Currently, Alabama has no procedure to fill the lieutenant governor’s office if it becomes vacant — the office remains vacant until the next midterm election. For instance, in 2017, then-Gov. Robert Bentley resigned, causing then-Lt. Gov. Kay Ivey to take his office. As a result, the state did not have a lieutenant governor until the next midterm election in 2019.
Amendment 1 creates provisions for the state to hold a special election for the office if it is vacated more than 60 days prior to the next general election for the office.
Both chambers of the legislature voted unanimously in favor of this amendment.
Amendment 2:
What it says:
“Proposing an amendment to the Constitution of Alabama of 2022, to provide a process
for the creation of a consolidated county school system by merging two or more contiguous county boards of education; to require the State Board of Education to conduct an impact study on the potential effects of the consolidation; to require publication of the impact study; to provide a procedure for protesting a proposed consolidation of two or more county school systems; and to require the State Board of Education to adopt rules.”
What that means:
This amendment proposes allowing two or more county public school boards to consolidate into a larger multi-county public school board.
Under this amendment, only contiguous counties would be able to consolidate their school boards. Before any consolidation could occur, the Alabama State Board of Education would be required to conduct a study to determine how consolidation would affect students, families and educational quality, as well as resources such as transportation.
The bill this amendment is drawn from also stipulates that, if the county school boards authorize a consolidation, county residents can submit written protests of the consolidation within 30 days. If 25% of registered voters submit a written protest, then the consolidation will move to a county referendum vote. From there, the consolidation will only be approved in an overall majority of voters in each county votes in favor of the consolidation.
Neither the Alabama Education Association or the Alabama Association of School Boards has come out in favor or against the amendment.
During this year’s legislative session, this amendment passed the House with only two opposing votes. It passed the Senate unanimously.
Amendment 3:
What it says:
“Proposing an amendment to the Constitution of Alabama of 2022, to require local boards
of education to adopt policies requiring each public K-12 school to recite The Pledge of Allegiance to the United States flag at the beginning of each school day; and to require local boards of education to adopt a policy authorizing student-initiated and student-led prayer.”
What that means:
This amendment would require local school boards to adopt policies requiring recitation of the Pledge of Allegiance at the beginning of each school day, as well as policies allowing student-led and initiated prayer in public schools.
The amendment does not require students to participate in either reciting the Pledge of Allegiance nor prayer if those activities violate their personal beliefs.
Alabama has required recitation of the Pledge of Allegiance daily in public schools since 2019. This amendment would further enshrine the rule by adding it to the state’s constitution.
Prayer in public schools is constitutionally dicey. The 1962 Supreme Court case Engel v. Vitale said that public schools can not hold official, sanctioned prayers during the school day. However, in the 2022 case Kennedy v. Bremerton School District, the court ruled in favor of a high school football coach at a public school who publicly led his team in prayer before games. In that case, the court said the government can not suppress citizens from engaging in personal religious observances — opening the door for more prayer and religious practices to enter into public schools.
The U.S. Department of Education allows students to pray in public schools as long as the prayer does not disrupt school activities.
During this year’s legislative session, only three members of the House voted against the amendment. The Senate passed the bill unanimously.
Amendment 4:
What it says:
“Proposing an amendment to the Constitution of Alabama of 2022, to require local boards
of education to adopt policies requiring each public K-12 school to broadcast or sanction the
performance of the first stanza of The Star-Spangled Banner at least once per week during school hours.”
What that means:
This amendment would require public schools to broadcast a portion of the national anthem at least one time a week during the school day.
The amendment allows for “The Star Spangled Banner” to be performed by a school music group or a student performer. The school can also broadcast a recording of the first stanza of the song, so long as it is a version archived by the Library of Congress.
During this year’s legislative session, the amendment passed the Senate with five opposing votes. It passed the House, 75-27.
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