Laws governing local ballot measures in Alabama
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Alabama has few cities with an initiative process for local ballot measures.
This article sets out the laws governing local ballot measures in Alabama. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 67 counties, 462 cities, towns, and villages, and 541 special districts.[1]
School districts
- See also: School bond and tax elections in Alabama
Alabama requires a ballot measure to issue new bonding or issue special school taxes, as mandated by the Alabama Constitution. Alabama is one of a handful of states that protect its tax and debt limits through the state constitution. Alabama also allows citizens to petition for special one and three mill tax increases. Upon successful petition, it is up to a probate judge to approve such an election.
Local recall
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The law that governs the conduct of political recalls in Alabama is Ala. Code §11-44-130 through 11-44-134. Under these statutes, municipal commissioners and mayors are subject to recall.
Because Alabama's law governing recall only applies to municipalities with a commission form of government, only commission form cities in the state have the power of recall. As of 2014, Dothan was the only city with elected commissioners, and, therefore, it is the only city in Alabama with the power of recall. Other cities, such as Vincent, have city council members, and recall cannot be applied against them.[2]
- For additional detail, see: Laws governing recall in Alabama
Initiative process availability
Counties
| A guide to local ballot initiatives | |
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Counties have very limited powers of initiative and referendum for the establishment or repeal of certain ordinances and powers that are established in State Code 11-3A. These powers are restricted to issues of Public Health and Safety only to include:
| “ | (1) Abatement of weeds as a public nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127, control of animals and animal nuisances. |
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Municipalities
Any municipality with the Optional Form A of government is granted authority for Initiative and Referendum. However, there are no cities using this form of government so this provision is not applicable.[5]
Notably, Birmingham, which is the only city under the Mayor-Council form of government pursuant to the Mayor Council Act of 1955, has the powers of Initiative and Referendum, requiring signatures equaling 10 percent of qualified voters.[5]
Authority
Constitution
There is no mention of the powers of Initiative and Referendum in the Alabama Constitution.
Statutes
Authority for the referendum power is found in Section 11-3A-6:
Section 11-3A-6:
The only statewide authority for local initiative and referendum powers in municipalities is found in section 11-44-105 but it only applies to cities with the Optional Form A government and none currently exist.[3][5] |
Initiative process features
The procedures for petitions used in the limited direct democracy powers of counties are found in the Alabama State Code section 11-3A. Each petition must contain signatures equaling 10% of voters and the full legal names and addresses of all persons signing the petition. The petition is to be filed in the office of the judge of probate.[3]
Initiative process in the top 10 most populated cities
Individual city provisionsBirmingham is the only one of the top ten most populous cities in Alabama to have the powers of initiative and referendum. BirminghamPopulation as of the July 2012 census update: 212,038.[6] Birmingham is a general law local government which operates under a Mayor-Council form of government. Birmingham's state-given process for initiative can only be used to initiate a city ordinance. For a valid petition, signatures from 10 percent of the qualified electors of the city must be gathered with a petition having the layout and information required by law. After a petition is sufficient it goes to the council for approval. If the council members fail to adopt the petitioned ordinance exactly as petitioned within 20 days of the filing of a valid petition, the council must call for a special election or, if the next general election is within 20 days, add the ordinance to the general election ballot. |
See also
- Laws governing ballot measures
- Laws governing local ballot measures
- Laws governing ballot measures in Alabama
- Laws governing recall in Alabama
External links
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ The Birmingham News, "Vincent can't recall elected officials," March 1, 2011
- ↑ 3.0 3.1 3.2 3.3 Alabama Legislature, "Alabama State Code," accessed May 14, 2021
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 Ballotpedia, "Alabama State Research Document," July 11, 2012
- ↑ , "Annual Estimates of the Resident Population for Incorporated Places in Alabama: April 1, 2010 to July 1, 2019", accessed December 8, 2021
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