Alabama Amendment 4, Prohibit Changes to Election Conduct Laws within Six Months of General Elections Amendment (2022)

Alabama Amendment 4
Election date November 8, 2022
Topic Elections and campaigns
Status a Approved
Type Constitutional amendment	Origin State legislature

Alabama Amendment 4, the Prohibit Changes to Election Conduct Laws within Six Months of General Elections Amendment, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 8, 2022. It was approved.

A "yes" vote supported requiring that any legislation changing the conduct of a general election must be implemented at least six months before the next affected general election.

A "no" vote opposed requiring legislation changing the conduct of a general election to be implemented at least six months before the next affected general election.

Election results

Alabama Amendment 4
Result		Votes	Percentage
Yes		937,729	79.96%
No		235,090	20.04%

Results are officially certified.

Source

Overview

What did this amendment change?

See also: Text of measure and constitutional changes

Amendment 4 required that any legislation changing the conduct of a general election must be implemented at least six months before the next affected general election.

What have Alabama state legislators said about this amendment?

See also: Support and Opposition

Republican Representative Jim Carns, who sponsored the amendment in the Alabama House of Representatives said, "This would keep the supermajority from passing a law that would benefit the supermajority within six months of an election. This is to prevent this from happening in the future, and we do a lot of things to prevent things in the future... Any bill passed within six months of a general election cannot affect this election. The bill could pass but it would not apply to this election. ... This is designed so people can have total confidence in the election that we are doing. This bill would favor the minority party because the supermajority can come in and bend rules in their favor. It is not a secret we have 77 members of the 105 members of this body."

Democratic Representative Juandalynn Givan said, "I don’t see the need for this bill. You [Republicans] are going to have a supermajority for a while. I continue to say that we are one second away from Jim Crow."

Democratic Representative Mary Moore said, "I know why you [Republicans] are bringing this. This is because they passed a law in Pennsylvania. This is an ALEC bill. This bill is going through 17 Republican-controlled states. We don’t know what could come up within six months of an election, and we have already tied our hands with this."

How did this measure get on the ballot?

See also: Path to the ballot

In Alabama, a constitutional amendment must be passed by a 60 percent vote in each house of the state legislature during one legislative session.

This amendment was passed in the House on April 6, 2021, by a vote of 75 to 24, with four not voting. The Senate passed the amendment on April 22, 2021, by a vote of 25-4 with five members absent or not voting.

Text of the measure

Ballot title

The ballot title was as follows:

“

Proposing an amendment to the Constitution of Alabama of 1901, as amended; to provide that the implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election. (Proposed by Act 2021-284) ( ) Yes ( ) No

”

Ballot summary

The Alabama Fair Ballot Commission wrote the following ballot statement:

“ This amendment requires any bill passed by the state legislature during an election year which affects how a general election is held must take effect at least six months before the general election. If the majority of the voters vote “yes” on Amendment 4, any bill passed by the state legislature during an election year which affects how a general election is held must take effect at least six months before the general election. If the majority of the voters vote “no” on Amendment 4, any bill passed by the state legislature which affects how the general election is held can take effect any time before the general election. There are no costs to Amendment 4. The Constitutional authority for passage of Amendment 4 is set forth in accordance with Sections 284, 285 and 287 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote. ”

Constitutional changes

See also: Alabama Constitution

The measure amended Alabama Constitution. The following underlined text was added:

The implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 16, and the FRE is 32. The word count for the ballot title is 56.

Support

Supporters

Officials

• State Rep. Jim Carns (R)

Arguments

• State Rep. Jim Carns (R): "This would keep the supermajority from passing a law that would benefit the supermajority within six months of an election. This is to prevent this from happening in the future, and we do a lot of things to prevent things in the future... Any bill passed within six months of a general election cannot affect this election. The bill could pass but it would not apply to this election. ... This is designed so people can have total confidence in the election that we are doing. This bill would favor the minority party because the supermajority can come in and bend rules in their favor. It is not a secret we have 77 members of the 105 members of this body."

Opposition

Opponents

Officials

• State Rep. Juandalynn Givan (D)
• State Rep. Mary Moore (D)

Arguments

• State Rep. Juandalynn Givan (D): "I don’t see the need for this bill. You [Republicans] are going to have a supermajority for a while. I continue to say that we are one second away from Jim Crow."
• State Rep. Mary Moore (D): "I know why you are bringing this. This is because they passed a law in Pennsylvania. This is an ALEC bill. This bill is going through 17 Republican-controlled states. We don’t know what could come up within six months of an election, and we have already tied our hands with this."
• House Minority Leader Anthony Daniels (D): "When I looked deeper into this bill I saw the strategy. I understand the intent, but it being number one on the calendar shows that it is a priority bill. I know what this bill is about. I know there is another bill in committee that deals with elections and emergency powers in election. I understand the strategy behind this but it is not a good bill for the people of Alabama."

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

See also: Changes to election dates, procedures, and administration in response to the coronavirus (COVID-19) pandemic, 2020

Many states made modifications to election dates, procedures, and administration in 2020, largely in response to the coronavirus pandemic.

Alabama modified its absentee/mail-in voting and candidate filing procedures for the November 3, 2020, general election. Any qualified voter could cast an absentee ballot in the general election. The petition deadline for unaffiliated presidential candidates was extended to August 20, 2020. The primary runoff election in Alabama, originally scheduled for March 31, 2020, was postponed to July 14, 2020.

Click the gray bar below for more detailed information about election changes in Alabama in 2020.

• Alabama election changes (click to expand)

  October 21, 2020: U.S. Supreme Court reinstates prohibition against curbside voting

  On October 21, 2020, the U.S. Supreme Court, on a 5-3 vote, reinstated Alabama's prohibition against curbside voting.

  On September 30, 2020, Judge Abdul Kallon of the U.S. District Court for the Northern District of Alabama issued the original order lifting the state's ban on curbside voting. On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit unanimously affirmed Kallon's ruling. The panel included Judges Adalberto Jordan, Jill Pryor, and Barbara Lagoa.

  Secretary of State John Merrill (R) petitioned the U.S. Supreme Court to block Kallon's order. Chief Justice John Roberts and Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh voted in Merrill's favor. Associate Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented. The court majority did not release an opinion explaining its reasoning. Sotomayor wrote a dissent, which Breyer and Kagan joined.

  October 13, 2020: Federal appeals court reinstates absentee/mail-in voter witness, photo ID requirements

  On October 13, 2020, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit reversed a district court order suspending the state's witness requirement for absentee/mail-in voters with underlying medical conditions. The panel also reversed the lower court's order waiving photo identification requirements for voters 65 and older. As a result, the witness and photo ID requirements were reinstated. The panel included Judges Adalberto Jordan, Jill Pryor, and Barbara Lagoa.

  On September 30, 2020, Judge Abdul Kallon, of the U.S. District Court for the Northern District of Alabama, issued the original ruling that waived the aforementioned requirements. He also lifted the state's prohibition against curbside voting. The Eleventh Circuit upheld that order, allowing curbside voting to proceed.

  September 30, 2020: Federal judge issues ruling modifying several voting laws

  On September 30, 2020, Judge Abdul Kallon, of the U.S. District Court for the Northern District of Alabama, issued a ruling that made a number of modifications to Alabama's voting laws.

  • Waiver of absentee/mail-in ballot witness/notary requirement for voters with underlying medical conditions.
  • Waiver of identification requirements for voters 65 and older, so long as they were able to provide other identifying information.
  • Prohibition against curbside voting lifted.

  July 17, 2020: Alabama secretary of state suspends eligibility requirements for absentee voting in the November 3, 2020, general election

  On July 17, 2020, Alabama Secretary of State John Merrill (R) issued an emergency rule allowing any qualified voter to cast an absentee ballot in the November 3, 2020, general election. The full text of the rule change is presented below:

  “

  Pursuant to 17-11-3(e) of the Code of Alabama, and without limitation, due to the State of Emergency issued by the Governor of Alabama on March 13, 2020, as amended, any qualified voter who determines it is impossible or unreasonable to vote at their voting place for the General Election on November 3, 2020, due to the declared state of emergency, shall be eligible to check the box on the absentee ballot application which reads as follows: 'I have a physical illness or infirmity which prevents my attendance at the polls. [ID REQUIRED]'

  ”

  July 2, 2020: U.S. Supreme Court stays lower court decision ordering election officials to waive absentee ballot witness, photo ID requirements for select voters

  On July 2, 2020, the Supreme Court of the United States temporarily stayed a district court order barring election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections while the United States Court of Appeals for the Eleventh Circuit hears a pending appeal of the district court's decision. The court's order was unsigned; it was noted, however, that Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan voted to deny the state's request to lift the district court's injunction.

  June 25, 2020: Federal appeals court declines to stay lower court decision ordering election officials to waive absentee ballot witness, photo ID requirements for select voters

  On June 25, 2020, a three-judge panel of the United States Court of Appeals for the Eleventh Circuit declined to stay a lower court order barring election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections. The panel, comprising Judges Robin Rosenbaum, Jill Pryor, and Britt Grant, voted unanimously on the matter.

  On June 29, 2020, state officials filed an application for an emergency stay of the appellate court's order with Associate Justice Clarence Thomas, who fields such requests for the Eleventh Circuit.

  June 15, 2020: Federal judge orders election officials to waive absentee ballot witness, photo ID requirements for select voters

  On June 15, 2020, Judge Abdul Kallon, of the United States District Court for the Northern District of Alabama, issued a preliminary injunction barring election officials from enforcing witness and photo ID requirements for select voters casting absentee ballots in the July 14, 2020, runoff elections. The waiver of the witness requirement applies to any voter who provides a written statement, signed under penalty of perjury, that he or she suffers from an underlying medical condition that places the individual at higher risk for contracting a severe case of COVID-19. The waiver of the photo ID requirement applies to any voter who is either over the age of 65 or disabled who signs a written statement to that effect. Kallon also enjoined the state from enforcing its de facto prohibition against curbside voting.

  March 30, 2020: Alabama extends petition deadline for unaffiliated presidential candidates

  On March 30, 2020, Governor Kay Ivey (R) signed HB272 into law, extending the petition deadline for unaffiliated presidential candidates to August 20, 2020. The full text of the bill can be accessed here.

  March 18, 2020: Alabama postpones primary runoff election

  On March 18, 2020, Alabama Governor Kay Ivey (R) announced that the state would postpone its primary runoff election, originally scheduled for March 31, 2020, to July 14, 2020. In response, Secretary of State John H. Merrill announced the following changes to voter registration and absentee voting deadlines for the primary runoff:

  • Voter registration deadline: June 29, 2020
  • Absentee ballot application deadline: July 9, 2020
  • Absentee ballot submission deadline (hand-delivered and postmarked): July 13, 2020

  Ivey's press release announcing the postponement is provided in full below.

  “

  MONTGOMERY – Governor Kay Ivey on Wednesday announced the Primary Runoff Election would be held on July 14, 2020 due to the concerns surrounding the COVID-19 (Coronavirus) pandemic. “Exercising my extraordinary powers under the Emergency Management Act, I am setting Alabama’s Primary Runoff Election for July 14, 2020,” said Governor Kay Ivey. “The ability to hold free and fair elections is an inherent right as citizens of the United States and the great state of Alabama, but the safety and wellbeing of Alabama citizens is paramount. “Our State Health Officer, Dr. Scott Harris, is recommending that we should practice social distancing and refrain from public gatherings of more than 25 individuals. Maintaining a 6-foot distance between one another is paramount. This guidance alone would be making an election day a hotbed for spreading the virus. “Persons who are 65 years or older as well as those with previous heart and lung diseases are more vulnerable to the Coronavirus. Knowing the average age of our faithful poll workers qualifies them to be most at-risk adds the necessity to extend the election runoff date. “Delaying the election to July 14 is not a decision I came to lightly, but one of careful consideration. I appreciate the guidance of Attorney General Steve Marshall and Secretary of State John H. Merrill for their collaboration to ensure the continuity of our state government.” On Tuesday, Attorney General Steve Marshall issued an emergency ruling declaring Governor Ivey had the authority to delay the runoff under the State of Emergency declaration. “Governor Ivey has the legal authority under the Alabama Emergency Management Act to declare a state of emergency as a result of the current pandemic,” says Attorney General Steve Marshall. “Accordingly, she also has the lawful ability to postpone a primary runoff election to protect public health and safety during the state of emergency.” Upon the governor’s issuance of the amended State of Emergency proclamation rescheduling the Primary Runoff Election to be held on July 14, 2020, the Secretary of State shall give notice and provide the amended Administrative Calendar, via certified mail and email, to all applicable election officials. “I am grateful to Governor Ivey and General Marshall for their proactive leadership, sincere dedication, and spirit of teamwork displayed during these trying times,” said Secretary of State John H. Merrill. “It is critical that we provide a safe and secure environment for all 3,585,209 voters in the State of Alabama to participate in the electoral process.” The Secretary of State is encouraging anyone who is concerned about contracting the virus or spreading the illness may vote by absentee. For information regarding voter registration, locating a polling place, or how to obtain an absentee ballot, please contact the Secretary of State’s website.

  ”

To read about changes that other states made in regard to election dates and conduct of elections amid the coronavirus pandemic in 2020, click here.

Ballot measures in response to the coronavirus (COVID-19) pandemic

See also: Ballot measures in response to the coronavirus (COVID-19) pandemic and coronavirus-related regulations

Ballotpedia is tracking ballot measures proposed in response to the pandemic or pandemic-related regulations and restrictions. Some of these changes, such as state constitutional amendments, require ballot measures for ratification. Others are citizen-initiated proposals, meaning campaigns collect signatures to put policies and laws on the ballot for voters to decide.

To view a list of coronavirus-related ballot measures, click here.

Alabama 2022 constitutional amendments related to COVID-19

The Alabama State Legislature also referred an amendment to the 2022 ballot during its 2022 legislative session that would allow local governments to use funding provided for broadband internet infrastructure under the American Rescue Plan Act (ARPA), a federal COVID-19 relief funding Act that provided for $130 billion paid to states for distribution to local governments for specified uses, including broadband infrastructure.

Constitutional amendments in Alabama

From 2000 to 2020, 81 constitutional amendments appeared on the statewide ballot in Alabama. Voters approved 64 (79.0%) and rejected 17 (21.0%). The number of amendments on statewide ballots during the even-numbered years between 2000 and 2020 ranged from 4 to 15, and the average number of amendments during this period was 7.8.

Alabama constitutional amendments, 2000-2020
Total number	Approved	Approved (%)	Defeated	Defeated (%)	Even-year average	Even-year median	Even-year minimum	Even-year maximum
81	64	79.01%	17	20.99%	7.8	6.0	4	15

Path to the ballot

See also: Amending the Alabama Constitution

To put a legislatively referred constitutional amendment before voters, a 60 percent vote vote is required in both the Alabama State Senate and the Alabama House of Representatives.

This amendment was introduced as House Bill 388. On April 6, 2021, the House approved it in a vote of 75 to 24, with four not voting. The Senate passed the amendment on April 22, 2021, in a vote of 25-4 with five members absent or not voting.

Vote in the Alabama House of Representatives April 6, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 63  a
	Yes	No	Not voting
Total	75	24	4
Total percent	72.8%	23.3%	3.9%
Democrat	1	24	2
Republican	74	0	2

Vote in the Alabama State Senate April 22, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	25	4	5
Total percent	73.53%	11.76%	14.71%
Democrat	1	2	5
Republican	24	2	0

How to cast a vote

See also: Voting in Alabama

Click "Show" to learn more about voter registration, identification requirements, and poll times in Alabama.

How to cast a vote in Alabama

Poll times In Alabama polls are open from 7:00 a.m. to 7:00 p.m. local time on the date of an election. An individual who is in line at the time polls close must be allowed to vote. According to state law, "[a]ll polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time." Registration requirements Check your voter registration status here. Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court. Voters cannot register during the 14-day period preceding an election. A citizen can register to vote at the following locations: License branches State or local government offices Public libraries Military recruiting stations County boards of registrars Prospective voters may also mail in a registration form. Automatic registration Alabama does not practice automatic voter registration. Online registration See also: Online voter registration Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Alabama does not allow same-day voter registration. Residency requirements To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States An Alabama state law, passed in 2011, calls for people to provide proof of U.S. citizenship when registering to vote. However, as of August 2019, the law had not been implemented. In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections in order to require proof of citizenship. Alabama Secretary of State John Merrill (R) said the following: "That’s an election administration nightmare ... You’d have to have two sets of poll books, one for federal elections and one for state elections, and that just doesn’t make any sense to me." Verifying your registration The site Alabama Votes, run by the Alabama Secretary of State office, allows residents to check their voter registration status online. Voter ID requirements Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of March 2023. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State. “ Valid Alabama Driver’s License (not expired or has been expired less than 60 Days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 Days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID ” A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here. A voter must provide a copy of his or her identification with both an application for an absentee ballot and the completed ballot itself, with the exception of 1) voters for whom polling locations are inaccessible due to age or disability, and 2) overseas military members.

See also

2022 measures

• 2022 ballot measures
• Elections and campaigns on the ballot
• Voting policy measures on the ballot
• State legislatures measures on the ballot
• 2022 legislative sessions

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Bill 388 text