Alabama Advisory Opinions October 11, 1994: AGO 95-00013 (October 11, 1994)

Advisory Opinion Text

Honorable G. J. "Dutch" Higginbotham

Member, House of Representatives

709 Laurel Street

Opelika, AL 36801

Municipalities - Police Jurisdiction

Assuming a favorable vote, a proposed constitutional amendment becomes effective when the votes cast at the referendum and ratification elections are canvassed and tabulated, subject only to preclearance by the United States Department of Justice, if voting rights are involved.

Dear Representative Higginbotham:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

I would like to request an Attorney General's opinion on Act No. 94-355, an amendment which deals with the police jurisdiction and planning and zoning authority of any municipality located partially within Lee County, to determine exactly when the bill does go into effect.

FACTS AND ANALYSIS

Act No. 94-355 provides that the constitutional amendment set forth therein "shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285 and 287 of the Constitution of Alabama 1901, as amended.

Constitution of Alabama 1901, Section 284 as amended by Amendment No. 24 provides that at the election "if it shall thereon appear that a majority of the qualified electors who voted at such election upon the proposed amendments voted in favor of the same, such amendments shall be valid to all intents and purposes as parts of this Constitution."

This amendment must also be approved at a referendum by a majority of qualified voters of Lee County voting on the proposition. Such referendum is held at the same time as the election for the ratification of the amendment.

According to an Opinion of the Justices , 251 Ala. 78, 36 So.2d 499 (1948), the date on which the votes cast at an election held on a proposed constitutional amendment are canvassed and tabulated is the date on which the amendment becomes effective. In this instance this will include both the referendum and the ratification elections. For the actual date, you may wish to consult the Secretary of State. If voting rights are involved, such amendment would also be subject to preclearance by the United States Department of Justice.

CONCLUSION

Assuming a favorable vote, a proposed constitutional amendment becomes effective when the votes cast at the referendum and ratification elections are canvassed and tabulated, subject only to preclearance by the United States Department of Justice, if voting rights are involved.

I hope this sufficiently answers your question. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

JIMMY EVANS Attorney General.

JAMES R. SOLOMON, JR. Chief.