A bill that would allow Alabama voters to propose laws and constitutional amendments through a citizen-led ballot initiative process has been introduced in the Alabama House of Representatives.
House Bill 14 was read for the first time and referred Tuesday, Jan. 13, to the House Committee on Constitution, Campaigns and Elections. The legislation is currently pending committee action in the House of Origin.
HB14 proposes an amendment to the Constitution of Alabama of 2022 that would authorize citizens to initiate the enactment of general laws or constitutional amendments, subject to the same limitations imposed on the Legislature. The proposal would also allow the Legislature to offer an alternative proposal to appear on the ballot.
Rep. Marilyn Lands, who prefiled the bill, said the measure is intended to give voters a more direct role in shaping public policy.
“The biggest thing is HB14, which was prefiled right away, and that would allow for a citizen-led ballot initiative process,” Lands said. “It really puts the power back in the hands of the people.”
Lands said she frequently hears frustration from voters about the lack of legislative action on major issues.
“When I talk to voters and hear how frustrated people are that we haven’t done things like Medicaid expansion, that we haven’t taken any action yet on a gaming bill that really could help with our education funding gaps, the people are frustrated,” she said. “This would give them a mechanism to be able to engage with the system and in creation of policy.”
Under the proposed amendment, citizens seeking to initiate a general law would begin by filing a concise summary of the proposal with the Secretary of State, along with a preliminary petition signed by at least 1,000 qualified Alabama voters and a $1,000 filing fee. The fee would be refundable, minus administrative costs, if the initiative is successfully adopted or enacted.
The Secretary of State would review the filing, and upon approval, the Alabama Law Institute would prepare the full text and official summary of the proposal. If the Legislature does not enact the proposal during the regular session, proponents could proceed to collect signatures equal to at least seven percent of the total votes cast for governor in the most recent gubernatorial election, with minimum signature requirements from each congressional district.
If the required signatures are verified, the proposal would be submitted to the Legislature for consideration. The Legislature could enact the proposal as written or offer an alternative proposal. If the proposal is not enacted by the 30th legislative day, it would be placed on the ballot at the next statewide election held at least 90 days after adjournment. No special election could be called solely for a voter initiative.
The bill also outlines a separate process for citizen-initiated constitutional amendments, requiring signatures equal to at least 10 percent of the total votes cast for governor, with district-level requirements.
According to the National Conference of State Legislatures, citizen initiatives, popular referenda and legislative referrals (three forms of ballot measures) allow citizens to vote directly on statutes and constitutional amendments, as opposed to passing them through a representative body like a legislature. Legislative referrals can be used in all states; citizen initiatives and popular referenda are used in about half the states.
Currently, 26 states currently provide citizens with the power of initiative, referendum, or both. Lands cited voter participation data from states with similar processes.
“One of the things that’s most compelling to me is that in the states that have done this sort of process, there’s an 8 percent increase in voter engagement,” Lands said. “That’s a game changer.”
If approved by the Legislature, the proposed constitutional amendment would be submitted to voters for ratification in a statewide election, as required under Alabama law.
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