Alabama Amendment 3, Board of Trustees Membership for University of Alabama Amendment (2018)

Elections in Alabama, 2018

* General election: Nov. 6
* Voter registration deadline: Oct. 22
* Early voting: N/A
* Absentee voting deadline: Postmark Nov. 5

* Online registration: Yes
* Same-day registration: No
* Voter ID: Photo ID required
* Poll times: 7:00 a.m. to 7:00 p.m.

* * *

On the ballot: U.S. House • Governor • Lt. Gov • Attorney General • Secretary of State • State executive offices • State Senate • State House • Special state legislative • Supreme court • Appellate courts • Local judges • State ballot measures • School boards • Municipal • Democratic primaries • Republican primaries

Alabama Amendment 3

Election date
November 6, 2018
Topic
Education
Status
a Approved
Type
Constitutional amendment| Origin
State legislature

* * *

List of Alabama measuresAlabama Amendment 1Alabama Amendment 2Alabama Amendment 3Alabama Amendment 4Submit

* * *

The Alabama Board of Trustees Membership for University of Alabama Amendment, Amendment 3, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 6, 2018.  It was approved.[1]

| A "yes" vote supported amending the state constitution to make the following changes to the membership of the board of trustees of the University of Alabama:

* remove the superintendent of education from the board;
* establish that, for the purposes of districts for the board of trustees membership, the congressional districts in use as of January 1, 2018, would be used; and
* remove the constitutional provision establishing an age limit of 70 for members of the board.[2]

|

| A "no" vote opposed amending the state constitution to make changes to the membership of the board of trustees of the University of Alabama, thereby leaving leaving the superintendent of education on the board and basing the board of trustees districts on congressional districts without freezing them as they were on January 1, 2018.[2]

|

## Contents

* 1 Election results
* 2 Overview
* 2.1 Measure design
* 2.2 How did this measure get on the ballot?
* 3 Text of measure
* 3.1 Ballot title
* 3.2 Ballot summary
* 3.3 Constitutional changes
* 3.4 Readability score
* 4 Support
* 4.1 Arguments
* 5 Opposition
* 5.1 Arguments
* 6 Campaign finance
* 7 Background
* 7.1 Congressional districts
* 7.2 The University of Alabama System
* 7.2.1 The Board of Trustees
* 7.2.1.1 Composition
* 7.2.1.2 Function
* 7.3 Amendment 7 of 1982
* 7.4 Referred amendments on the ballot
* 8 Path to the ballot
* 9 How to cast a vote
* 9.1 Poll times
* 9.2 Registration requirements
* 9.3 Automatic registration
* 9.4 Online registration
* 9.5 Same-day registration
* 9.6 Residency requirements
* 9.7 Verification of citizenship
* 9.8 Verifying your registration
* 9.9 Voter ID requirements
* 10 Related measures
* 11 See also
* 12 External links
* 13 Footnotes

## Election results[edit]

Alabama Amendment 3

Result | Votes | Percentage

Yes

| 835,707 | 60.30%
No | 550,299 | 39.70%

Results are officially certified.
Source

## Overview[edit]

### Measure design[edit]

Amendment 3 changed the state constitution to make the following changes to the membership of the board of trustees of the University of Alabama:[2]

* remove the superintendent of education from the board;
* establish that, for the purposes of districts for the board of trustees membership, the congressional districts in use as of January 1, 2018, would be used; and
* remove the constitutional provision establishing an age limit of 70 for members of the board.

The provision limiting the age of members of the board to 70 was not in effect going into the election. The board of trustees voted to increase the age limit to 75 in 2017.[3]

In 2016, voters approved a constitutional amendment to do away with any age limits for public officials, except judges, and prevent new age restrictions from being enacted.

### How did this measure get on the ballot?[edit]

Amendment 3—Senate Bill 194 in the legislature—was sponsored in the Alabama Senate by Sen. J. T. Waggoner (R-16), Sen. Greg Reed (R-5), and Sen. Gerald Allen (R-21). It was approved by the Senate in a vote of 28 to zero on January 30, 2018.[1]

On February 22, 2018, SB 194 was unanimously approved by the state House, with one member abstaining and one member not voting. Rep. Arnold Mooney (R-43)—the representative who did not cast a vote—officially stated that he had intended to cast a vote in favor of the amendment.[1]

To put the legislatively referred constitutional amendment before voters, a three-fifths (60 percent) supermajority vote was required in both the Alabama State Senate and the Alabama House of Representatives.

## Text of measure[edit]

### Ballot title[edit]

The ballot title for the amendment was as follows:[1]

“  |

Proposing an amendment to the Constitution of Alabama of 1901, relating to the Board of Trustees of the University of Alabama, to specify that the congressional districts from which members are appointed continue to reflect those as constituted on January 1, 2018, to remove the State Superintendent of Education from membership, and to delete the requirement that members vacate office at the annual meeting of the board following their seventieth birthday. [4]

| ”

|
|

### Ballot summary[edit]

The plain language summary provided by the state's Fair Ballot Commission was as follows:[5]

| “  |

Under current law, the University of Alabama Board of Trustees is composed of 16 people: three members from the congressional district in which the Tuscaloosa campus is located, two members from each of the other six congressional districts in the state, the Governor, and the State Superintendent of Education. So, if the number of congressional districts in Alabama increased or decreased in the future, the number of trustees would also increase or decrease. Additionally, other than the Governor and the State Superintendent of Education, current law requires a trustee to retire from the board following his or her seventieth birthday.

Amendment 3 does three things. First, it provides that the board will be composed of members from congressional districts as those districts existed on January 1, 2018, meaning any future changes to the number of congressional districts in Alabama would not impact the number of board members. Second, it removes the State Superintendent of Education from automatically having a seat on the board. Third, it allows a trustee to serve after his or her seventieth birthday.

If a majority of voters vote "Yes" on Amendment 3, future changes to the number of congressional districts in Alabama will not impact the number of board members, the State Superintendent of Education will no longer automatically be a member of the board, and trustees will be allowed to serve on the board after their seventieth birthday.

If a majority of voters vote "No" on Amendment 3, future changes to the number of congressional districts in Alabama will impact the number of board members, the State Superintendent of Education will continue to automatically have a seat on the board, and trustees will not be allowed to serve on the board after their seventieth birthday.

There is no cost for Amendment 3.

The Constitutional authority for passage of Amendment 3 is set forth in Sections 284, 285 and 287 of the State Constitution. These sections outline the way a constitutional amendment may be put to the people of the State for a vote. [4]

| ”

|
|

### Constitutional changes[edit]

See also: Article XIV, Alabama Constitution

The measure amended Section 264 of Article XIV of the Alabama Constitution. The following underlined text was added, and ~~struck-through~~ text was deleted:[2]

The state university shall be under the management and control of a board of trustees, which shall consist of two members from each congressional district in the state as constituted on January 1, 2018, an additional member from the congressional district which includes the site of the first campus of the university, ~~the superintendent of education,~~ and the governor, who shall be ex officio president of the board.

The members of the board of trustees as now constituted shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed as hereinafter required. The additional trustees provided for by this amendment shall be elected by the existing members of the board, and confirmed by the senate in the manner provided below, for initial terms of not more than six years established by the board so that one term shall expire each three years in each congressional district. Successors to the terms of the existing and additional trustees shall hold office for a term of six years, and shall not serve more than three consecutive full six-year terms on the board ~~; provided however that a trustee shall retire from the board and vacate office at the annual meeting of the board following that trustee's seventieth birthday~~. Election of additional and successor trustees or of trustees to fill any vacancy created by the expiration of a term or by the death or resignation of any member or from any other cause shall be by the remaining members of the board by secret ballot; provided, that any trustee so elected shall hold office from the date of election until confirmation or rejection by the senate, and, if confirmed, until the expiration of the term for which elected, and until a successor is elected. At every meeting of the legislature the superintendent of education shall certify to the senate the names of all who shall have been so elected since the last session of the legislature, and the senate shall confirm or reject them, as it shall determine is for the best interest of the university. If it rejects the names of any members, it shall thereupon elect trustees in the stead of those rejected. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. Upon the vacation of office by a trustee, the board, if it desires, may bestow upon a trustee the honorary title of trustee emeritus, but such status shall confer no responsibilities, duties, rights, or privileges as such.[4]

### Readability score[edit]

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 34, and the FRE is -25. The word count for the ballot title is 68, and the estimated reading time is 18 seconds. The FKGL for the ballot summary is grade level 16, and the FRE is 31. The word count for the ballot summary is 327, and the estimated reading time is 1 minute and 27 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

## Support[edit]

The amendment was sponsored in the Alabama Senate by Sen. J. T. Waggoner (R-16), Sen. Greg Reed (R-5), and Sen. Gerald Allen (R-21).[6]

### Arguments[edit]

* The Decatur Daily wrote, "State superintendents rarely attend meetings, and keeping the current number of trustees makes it easier for the university system's leadership to be representative of the state's population. This proposed amendment passed the state Legislature unanimously. The Daily recommends voting yes on Statewide Amendment No. 3."[7]

## Opposition[edit]

### Arguments[edit]

* John Archibald, a columnist for Reckon by AL.com, wrote, "Granted, 70 ain’t what it used to be. But this amendment lets the self-appointing UA board – already one of the most powerful forces in the state – get what they want and answer to no one. Vote no."[8]

## Campaign finance[edit]

Total campaign contributions:

Support: | $0.00
Opposition: | $0.00

See also: Campaign finance requirements for Alabama ballot measures

Ballotpedia did not identify any committees registered in support of or in opposition to the measure.[9] If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

## Background[edit]

### Congressional districts[edit]

See also: United States congressional delegations from Alabama

As of 2018, Alabama comprised seven congressional districts. The map below depicts Alabama's congressional district lines as drawn following the 2010 United States Census. Under the amendment, board members will continue to be elected from these congressional districts. The constitution states that three members must be elected from the 7th congressional district (where the Tuscaloosa campus is located) and two members would be elected from each of the remaining six districts.[10]

Alabama's Congressional Districts

### The University of Alabama System[edit]

The University of Alabama System includes:[10]

* The University of Alabama in Tuscaloosa, Alabama;
* The University of Alabama in Birmingham; and
* The University of Alabama in Huntsville.

#### The Board of Trustees[edit]

##### Composition[edit]

As of June 2018, the Alabama Constitution provided that the Board of Trustees was to be composed of 17 members as follows:[10]

* 15 elected members:
* Three elected from the 7th congressional district, where the Tuscaloosa campus is located
* Two members elected from each of the remaining six congressional districts
* Two Ex-officio (non-elected) members:
* The Governor of Alabama
* The Superintendent of Education

This amendment removed the superintendent as one of the board's members.

##### Function[edit]

According to the University of Alabama System, the Board of Trustees exists to:[10]

* "ensure the effective leadership, management, and control over the activities of the three doctoral research universities in The University of Alabama System,"
* "provide for a definitive, orderly form of governance, and secure and continue responsive, progressive, and superior institutions of higher education," and
* "determine the major policies of the System, review existing policies; define the mission, role, and scope of each campus; and assume ultimate responsibility to the public and political bodies of Alabama."

### Amendment 7 of 1982[edit]

See also: Article XIV, Alabama Constitution

The Alabama University of Alabama Trustees Amendment, or Amendment 7 was on the ballot in Alabama on March 2, 1982, as a legislatively referred constitutional amendment. It was approved by a vote of 186,038 (60.44%) to 121,748 (39.56%). It proposed to amend the constitutional requirements with regard to the trustees of the University of Alabama. It stipulated the number of trustees, the manner of their election, the age of their retirement and the maximum number of consecutive terms of service.

### Referred amendments on the ballot[edit]

From 1996 through 2016, the Alabama State Legislature referred 96 constitutional amendments to the ballot. Voters approved 75 and rejected 21 of the referred amendments. Most of the amendments (90 of 96) were referred to the ballot during even-numbered election years. The average number of amendments appearing on the ballot during an even-numbered election year was 8.5. The approval rate at the ballot box was 78.13 percent during the 20-year period from 1996 through 2016. The rejection rate was 21.87 percent.

Legislatively referred constitutional amendments, 1996-2016

Years | Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum
Even years | 90 | 72 | 80.00% | 18 | 20.00% | 8.50 | 7.00 | 4 | 15
Odd years | 6 | 3 | 50.00% | 3 | 50.00% | 0.60 | 0.00 | 0 | 3
All years | 96 | 75 | 78.13% | 21 | 21.87% | 4.55 | 3.50 | 0 | 15

## Path to the ballot[edit]

See also: Amending the Alabama Constitution

To put a legislatively referred constitutional amendment before voters, a three-fifths (60 percent) supermajority vote is required in both the Alabama State Senate and the Alabama House of Representatives.

This amendment—Senate Bill 194—was read for the first time in the Senate on January 18, 2018. It was approved by the Senate in a vote of 28-0—with one absent, five abstaining, and one vacancy—on January 30, 2018.[1]

On February 22, 2018, SB 194 was unanimously approved by the state House, with one member abstaining and one member not voting. Rep. Arnold Mooney (R-43)—the representative who did not cast a vote—officially stated that he had intended to cast a vote in favor of the amendment. There were three vacancies in the House at the time of the vote.[1]

| Vote in the Alabama State Senate
January 30, 2018

Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21 a
| Yes| No| Not voting
Total| 28| 0| 6
Total percent| 82.35%| 0.00%| 17.65%
Democrat| 6| 0| 1
Republican| 21| 0| 5
Independent| 1| 0| 0

| Vote in the Alabama House of Representatives
February 22, 2018

Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 62 a
| Yes| No| Not voting
Total| 100| 0| 2[11]
Total percent| 98.04%| 0.00%| 1.96%
Democrat| 31| 0| 1
Republican| 69| 0| 1

## How to cast a vote[edit]

See also: Voting in Alabama

### Poll times[edit]

In Alabama polls are open from 7:00 a.m. to 7:00 p.m. local time on the date of an election. An individual who is in line at the time polls close must be allowed to vote.[12][13] Most of Alabama falls within the Central time zone. Portions of eastern Alabama, including Phenix City and some surrounding areas, observe Eastern Time as opposed to Central Time.[14]

### Registration requirements[edit]

Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court.[15]

Voters cannot register during the 14-day period preceding an election. A citizen can register to vote at the following locations:[15]

* License branches
* State or local government offices
* Public libraries
* Military recruiting stations
* County boards of registrars

Prospective voters may also mail in a registration form.

### Automatic registration[edit]

Alabama does not practice automatic voter registration.

### Online registration[edit]

See also: Online voter registration

Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website.

### Same-day registration[edit]

Alabama does not allow same-day voter registration.

### Residency requirements[edit]

To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

### Verification of citizenship[edit]

See also: Laws permitting noncitizens to vote in the United States

An Alabama state law, passed in 2011, calls for people to provide proof of U.S. citizenship when registering to vote.[16] However, as of August 2019, the law had not been implemented.[17]

In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections in order to require proof of citizenship. Alabama Secretary of State John Merrill (R) said the following: "That’s an election administration nightmare ... You’d have to have two sets of poll books, one for federal elections and one for state elections, and that just doesn’t make any sense to me."[18]

### Verifying your registration[edit]

The site Alabama Votes, run by the Alabama Secretary of State office, allows residents to check their voter registration status online.

### Voter ID requirements[edit]

Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of October 2019. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State.

“  |

* Valid Alabama Driver’s License (not expired or has been expired less than 60 Days)
* Alabama Law Enforcement Agency Digital Driver’s License
* Valid Alabama Nondriver ID (not expired or has been expired less than 60 Days)
* Alabama Law Enforcement Agency Digital Nondriver ID
* Valid Alabama Photo Voter ID Card
* Valid State-Issued ID (Alabama or any other state)
* Valid AL Department of Corrections Release - Temporary ID (Photo Required)
* Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required)
* Valid Pistol Permit (Photo Required)
* Valid Federal-Issued ID
* Valid US passport
* Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state
* Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools)
* Valid student or employee ID issued by a state institution of higher learning in any other state
* Valid Military ID
* Valid Tribal ID[4]

| ”

|
|

A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here.

A voter must provide a copy of his or her identification with both an application for an absentee ballot and the completed ballot itself, with the exception of 1) voters for whom polling locations are inaccessible due to age or disability, and 2) overseas military members.[19][20]

## Related measures[edit]

* Alabama Removal of Age Restriction for Government Officials, Amendment 13 (2016) a

## See also[edit]

2018 measures

* 2018 ballot measures
* Education on the ballot
* Administration of government on the ballot
* 2018 legislative sessions

Alabama

* Alabama ballot measures
* Alabama ballot measure laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls

|
|

## External links[edit]

* Alabama Senate Bill 194 - Text

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Alabama State Legislature, "Senate Bill 194," accessed February 20, 2018
2. ↑ 2.0 2.1 2.2 2.3 Alabama Legislature, "Senate Bill 194 - Text," accessed February 20, 2018
3. ↑ Tuscaloosa News, "University of Alabama sets new trustee retirement age," February 3, 2017
4. ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid `<ref>` tag; name "quotedisclaimer" defined multiple times with different content
5. ↑ Alabama Secretary of State, "2017-2018 Statewide Constitutional Amendments: Ballot Statements," accessed July 31, 2018
6. ↑ Alabama Legislature, "Senate Bill 194," accessed June 28, 2018
7. ↑ The Wichita Eagle, "Alabama editorial roundup," October 24, 2018
8. ↑ Al.com, "Alabama amendments: Life, liberty, and the pursuit of unintended consequences," October 21, 2018
9. ↑ AlabamaSecretary of State, "Committee Search," accessed June 27, 2018
10. ↑ 10.0 10.1 10.2 10.3 The University of Alabama System, "The Board of Trustees of The University of Alabama," accessed June 28, 2018
11. ↑ One member abstained, and one member did not vote, but meant to vote in favor of the amendment.
12. ↑ Code of Alabama, "Title 17, Chapter 9, Section 6," accessed January 3, 2014
13. ↑ NBC News, "Voters already in line at poll closing can still cast ballots," December 12, 2017
14. ↑ The Decatur Daily, "Parts of Eastern Alabama split between 2 time zones," August 13, 2006
15. ↑ 15.0 15.1 Alabama Secretary of State, "Voter Registration General Information," accessed August 19, 2019
16. ↑ Alabama Secretary of State, "Election Laws, Section 31-13-28," accessed August 21, 2019
17. ↑ Phone conversation between Amée LaTour and Jeff Elrod, supervisor of voter registration with the Alabama Secretary of State office.
18. ↑ Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
19. ↑ Alabama Secretary of State, "Election Laws, Section 17-10-1," accessed August 20, 2019
20. ↑ Alabama Secretary of State, "Absentee Voting Information," accessed August 20, 2019

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