Mock Constitution
Draft/Comments Phase
(What is this?)
Index
Preamble
Article I: Declaration of Rights
Article II: Distribution of
Powers of Government
Article III: Legislative Branch
Article IV: Representation
Article V: Executive Branch
Article VI: Judicial Branch
Article VII: Suffrage and Elections
Article VIII: Taxation and
Debt Limitation
Article IX: Local Government
Article X: Education
Article XI: Public Officers
Article XII: Impeachment
Article XIII: Amending the Constitution
Article XIV: Transition Schedule
Entire Draft
Section 1. Qualifications for Voting.
The right to vote in Alabama is a fundamental right. Every person who is an Alabama resident, a citizen of the United States, 18 years of age or older on election day, and is registered to vote has the right to vote.
Section 2. Conduct of Elections.
All elections shall be free, open, accessible, by secret ballot, and make use of current technology as adopted by the legislature. No power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Section 3. Regulation of Elections.
The legislature must establish a uniform administrative process for registration of voters, absentee and early voting, the nomination of candidates, and for citizens to file their complaints and to review election challenges.
Legislative Dispatch
Purple Dot Connection
2010 Big List
2010 Senate Elections
2010 House Elections
Press Releases
Does section 1 mean that felons can vote?
Section 3: legislature SHALL establish a uniform . . .
Any person holding an elected office, whether federal, state, county or municipal office, decides to run for another elected office before his current term has ended must resign from his current office before being eligible to run for another elected office.
Lou – My interpretation, which I argued vociferously (I am one of the delegates), is consistent with yours. I interpret it to mean that even incarcerated felons could vote. The counter-argument is that the legislature could implement such a restriction if they saw fit, but the language strikes me as a bit strong and may override any legislative restrictions if taken to court. But I’m no lawyer…
Regarding comments 1 & 4, the only persons who would be allowed to vote would be persons who are registered to vote. As stated in section 3, the legislature will establish the process for registration and will thus establish the conditions whereby someone can register. Thus, whether someone who committed a particular crime can vote during or after their incarceration will be determined by the legislature in statuatory law.
Could the legislature make a statute requiring people to be able to pass a written examination in order to register to vote? No, because it would infringe their “fundamental right” to vote. And remember: “Every person who is an Alabama resident, a citizen of the United States, 18 years of age or older on election day, and is registered to vote has the right to vote.”
Given that very specific and unambiguous language I personally do not feel that courts would allow the legislature to stand between an 18 year old AL resident/US citizen and his/her “fundamental right” to vote.
If this language gives the legislature the latitude to be gatekeepers to the ballot box via registration regulation then such regulations are certainly not be limited to limiting the ability of convicted criminals to vote. Maybe only people over 5′ 10″ tall should be allowed to register to vote. Would that be constitutional? Where is the line drawn? The language above offers no guidance, it only provides feel-good sounding language that will run counter to what I believe Alabamians would be willing to accept.
Some of this conservation makes me realize how the 1901 constitution was adopted and why some people were left out. We worry so much about who shouldn’t be voting even in 2009. I am a delegate and worked on this article and I believe that voting is a fundamental right and as well as a responsibility of all our citizens.
I am so honored to have been a delegate to the Mock Convention. I learned so much and I will never forget the experience.
GET OUT AND VOTE!!!
Yeah, liberals want felons voting. Again, another item on the liberal wish list. This article should provide that no person convicted of a felony shall vote until that impediment is removed by reversal on appeal or gubenatorial pardon.
If a person commits a serious breach of the law, that person has no business having a say in how the law is made.
I would like to see something in here about being a legal resident to be able to vote. No test is constitutional as a qualifier for voting. No felons should not be allowed to vote.