Alabama voters heading to the polls May 19 will do more than pick party nominees. They’ll also have a say in two proposed amendments to the state constitution: One targeting who can be held without bail, and another aimed at protecting prosecutors’ paychecks.
The Public Affairs Research Council of Alabama, known as PARCA, has released a nonpartisan analysis of both measures ahead of the primary. The Birmingham-based research organization, founded in 1988, is widely regarded as Alabama’s leading source for objective policy research.
Both amendments will appear on ballots in the Republican and Democratic primaries. Because Alabama is an open primary state, voters are not required to register with a party to participate, they simply request the ballot of the primary in which they wish to vote.
Voters who prefer to skip the partisan races altogether may request an amendment-only ballot.
The first amendment would build on Aniah’s Law, the landmark bail reform measure Alabama voters approved in November 2022 following the 2019 murder of Aniah Blanchard. The suspect in her killing was reportedly free on bond for other violent charges at the time of her death.
Under current law, according to PARCA’s analysis, judges may already deny bail to defendants charged with a range of serious offenses including murder, first-degree kidnapping, first-degree rape, human trafficking, terrorism and aggravated child abuse.
If approved, the amendment would extend that authority to three additional murder-related charges; solicitation to commit murder, attempted murder and conspiracy to commit murder. It would also allow judges to deny bail to individuals charged with discharging a firearm, explosive or other weapon into an occupied dwelling, vehicle, aircraft, railcar or watercraft.
If the amendment fails, PARCA notes, the current scope of Aniah’s Law remains unchanged.
The mayors of Alabama’s 10 largest cities have publicly backed the measure, according to PARCA’s analysis. However, the report also flags unresolved questions about the amendment’s broader impact on court efficiency and jail populations, noting that defendants denied bond may remain incarcerated until their cases are fully resolved.
PARCA’s analysis identifies several factors voters may weigh in considering the amendment, including public safety, judicial discretion, pretrial detention impacts and constitutional questions involving due process and the presumption of innocence.
The second amendment would prohibit elected district attorneys’ salaries from being reduced during their terms in office, a protection most other Alabama elected officials, including judges, already enjoy under Section 281 of the state constitution.
State Rep. Jim Hill (R-Springville), who sponsored the legislation creating the amendment, told PARCA the measure is designed to give district attorneys the same guarantees as members of the judiciary. He framed it as a recruitment issue.
“I’m not looking for the lowest bidder,” Rep. Hill said. “I’m looking for somebody with integrity, with knowledge, with experience, with the ability to make a lot more money in the private sector than in the public.”
According to PARCA’s analysis, elected district attorneys are paid from state General Fund allocations, and the amendment would affect only those elected officials, not assistant district attorneys, support staff or public defenders.
If the amendment fails, PARCA notes, district attorneys would remain the only class of Alabama elected officials without protection against mid-term pay cuts.
PARCA’s full analysis is available at parcalabama.org.
