Alabama Advisory Opinions August 26, 1980: AGO 80-00520 (August 26, 1980)

Advisory Opinion Text

Lee L. Hale Deputy Attorney General

Walter B. Turner Chief Assistant Attorney General

William M. Bekurs, Jr. Executive Assistant

Janie Nobles Administrative Assistant

Senator Don Harrison

State Senator 26th District

516 S. Perry Street

Montgomery, AL 36104

Elections - Constitutional Amendments -Primary Elections

Constitutional Amendments are voted on at general elections following final adjournment or on another day appointed by the Legislature not less than three months after final adjournment of the Legislature.

Dear Senator Harrison:

We are in receipt of your request for an opinion asking if the amendment to the Constitution proposed by Act 80-431, Acts of Alabama 1980, should be voted on in the upcoming primary election or the general election in November.

Section 284 of the Constitution of 1901 as amended by Amendment 24 sets out the manner of proposing amendments to the Constitution and in pertinent part states:

"Amendments may be proposed to this Constitution by the legislature in the manner following: The proposed amendments shall be read in the house in which they originate on three several days, and, if upon the third reading three-fifths of all the members elected to that house shall vote in favor thereof, the proposed amendments shall be sent to the other house, in which they shall likewise be read on three several days, and if upon the third reading three-fifths of all of the members elected to that house shall vote in favor of the proposed amendments, the legislature shall order an election by the qualified electors of the state upon such proposed amendments, to be held either at the general election next succeeding the session of the legislature at which the amendments are proposed or upon another day a ppointed by the legislature, not less than three months after the final adjournment of the session of the legislature at which the amendments were , proposed ." (Emphasis supplied).

The proposed amendment in question is found in Act 80-431, Acts of Alabama 1980. Section 2 of said act states:

"An election upon the proposed amendment is ordered to be held at the next general, special, or primary election after the expiration of three months from final adjournment of the current session of the legislature. The election shall be held in accordance with the provisions of Sections 284 and 285 of the Constitution of Alabama, as amended, and Sections 17-17-1 through 17-17-6 of the Code of Alabama, 1975."

Section 2 directs that an election on the proposed amendment shall be held at the next general, special, or primary election after the expiration of three months from final adjournment of the 1980 Legislature. These dates are specified by law and the dates of each are known and publicized. Since the primary election on September 2, 1980, is the first of the three specified types of elections it is the date which the Legislature has appointed for the election and is the date on which the electors must vote on the proposed amendment.

I trust this satisfactorily answers your question.

Sincerely yours,

CHARLES A. GRADDICK Attorney General

JAMES R. SOLOMON, JR. Assistant Attorney General