HB434 By Representative Wheeler RFD Constitution, Campaigns and Elections Rd 1 10-MAR-20

SYNOPSIS: Under existing law, there is no limit on the number of terms an individual may serve as a member of the Alabama House of Representatives or the Alabama Senate.

This bill would propose an amendment to Section 46 of the Constitution of Alabama of 1901, now appearing as Section 46 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, commencing on November 1, 2022, to limit a legislator to a maximum of two full terms of office, plus up to two years of extra service filling a vacancy, in each house. The amendment would provide that service in the Senate and service in the House of Representatives before November 2020 would not disqualify, in whole or in part, an individual from service in that respective body following that date.

A BILL TO BE ENTITLED AN ACT

Proposing an amendment to Section 46 of the Constitution of Alabama of 1901, now appearing as Section 46 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, commencing on November 1, 2022, to limit a legislator to a maximum of two full terms of office, plus up to two years of service filling a vacancy, in each house; and to provide that service in the Senate and service in the House of Representatives before November 2020 would not disqualify, in whole or in part, an individual from service in the respective body following such date.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and 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 of 1901, as amended:

PROPOSED AMENDMENT

"Section 46.

"Senators and representatives shall be elected by the qualified electors on the first Tuesday after the first Monday in November unless the legislature Legislature shall change the time of holding elections and in every fourth year thereafter. The terms of office of the senators and representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election, except as otherwise provided in this Constitution. At the general election in the year nineteen hundred and two all the representatives, together with the senators for the even numbered districts and for the thirty-fifth district, shall be elected. The terms of those senators who represent the odd numbered districts under the law in force prior to the ratification of this Constitution, are hereby extended until the day after the general election in the year nineteen hundred and six; and until the expiration of his term as hereinbefore extended, each such senator shall represent the district established by this Constitution, bearing the number corresponding with that for which he was elected. In the year nineteen hundred and six, and in every fourth year thereafter, all the senators and representatives shall be elected. Whenever a vacancy shall occur in either house, the governor Governor shall issue a writ of election to fill such the vacancy for the remainder of the term. Commencing with the general election in November 2022, no individual may serve as a legislator in the Senate or the House of Representatives for more than two full terms of office in each respective house. In addition to the two full terms, a legislator may fill an unexpired term caused by a vacancy for any reason for up to two years in each respective house. Notwithstanding the foregoing, service in the Senate before November 2020 shall not disqualify, in whole or in part, an individual from service in the Senate for two additional terms following that date, and service in the House of Representatives before November 2020 shall not disqualify, in whole or in part, an individual from service in the House of Representatives for two additional terms following that date."

Section 2. An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Proposing an amendment to the Constitution of Alabama of 1901, to amend Section 46 of the Constitution of Alabama of 1901, now appearing as Section 46 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, commencing with the general election in November 2022, to limit a legislator to a maximum of two full terms of office in each respective house, plus up to two years of filling a vacancy in each house, without consideration of earlier service.

"Proposed by Act ________."

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Legislature

Term Limits

Senate

House of Representatives