Alabama primary: Two constitutional amendments on May 19

Alabama constitutional – Alabama voters on May 19 will consider two state constitutional amendments, including changes to bail eligibility and protections for elected district attorneys’ salaries.

Alabama voters heading to the polls in the May 19 primary will be asked to decide two proposed changes to the Alabama Constitution, with the measures appearing on statewide ballots alongside party contests.

The ballot includes two constitutional amendments for voters to consider, and those who do not want to vote in either party’s primary can request an amendment-only ballot instead.

A nonpartisan analysis from the Public Affairs Research Council of Alabama outlines what each proposal would do if approved, highlighting both the criminal-justice implications of one measure and the salary protections tied to a second.

One amendment would expand the situations in which judges could deny bail in certain criminal cases. The measure is drawn from SB118, introduced by Sen. Will Barfoot, R-Pike Road, during the previous legislative session. It builds on bail-related reforms voters approved in 2022 under Aniah’s Law.

Under current law. after a detention hearing. judges may deny bail to defendants charged with a specified set of serious violent offenses. including murder. kidnapping and rape.. Amendment 1 would add additional crimes to that list.. Those additions include solicitation. attempt. or conspiracy to commit murder. along with shooting or discharging a firearm into an occupied dwelling or vehicle.

If voters approve the amendment, judges would have discretion to deny bail in those expanded categories following a hearing.. Prosecutors would present evidence, and defendants would be able to respond.. PARCA’s analysis emphasizes that the proposal would not remove hearings or procedural safeguards; rather. it would broaden the range of offenses eligible for bail denial.

The analysis also notes that the mayors of Alabama’s ten largest cities have voiced support for Amendment 1, underscoring that the proposal has attracted backing beyond the legislature.

The second amendment would instead address the pay rules for elected district attorneys.. It is designed to “bring regulations associated with elected district attorneys’ salaries more in line with those regulating elected judges’ salaries. ” and it would prohibit reducing a district attorney’s compensation during their term.

Alabama’s constitution already provides similar protections for many elected officials, including judges, ensuring that their pay cannot be increased or decreased midterm. District attorneys were not included in earlier reforms, a gap lawmakers moved to close.

Judges were brought under that framework in 2021 when lawmakers passed Act 2021-441. restructuring judicial pay and authorizing cost-of-living adjustments and step increases for those serving multiple terms.. During the previous legislative session, Rep.. Jim Hill, R-Odenville, sponsored HB354 to place Amendment 2 before voters.

PARCA describes Amendment 2 as an effort to extend the constitutional safeguard to elected district attorneys. aligning them with other constitutional officers.. A “yes” vote would provide that protection. while a “no” vote would leave the current approach in place. where district attorneys’ compensation would not be protected from salary reduction during their term.

The amendment is limited in scope: it applies only to elected district attorneys and does not affect assistant prosecutors or other staff.

For voters, the May 19 primary will therefore be more than a party decision.. It will also be a referendum on whether to broaden the offenses for which judges can deny bail and whether to extend constitutional salary protections to district attorneys. aligning them more closely with judges and other elected officials under Alabama’s governing framework.

Alabama constitutional amendments May 19 primary bail denial judges Aniah’s Law district attorney salary protections SB118 HB354