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Jun 13, 2021

Popular Constitutional Adjustments for Alabama Constitution

 


  Every now and then people in Alabama mount an effort to make several changes to the state constitution. Those include Initiative, Referendum and Recall.

     They never go anywhere because the changes would make the legislature less powerful, and the Legislature has to approve them.

     But you might be interested to know that there is a constitution in Alabama that does allow those powers. The Constitution of the Poarch Creek Indians:

  • Section 1. - Initiative
  • Upon receipt and verification by the Election Board of a petition of at least thirty (30) percent of the General Council of the Poarch Band of Creek Indians a proposed ordinance or resolution made by the people shall be submitted for a vote by the General Council at a regular or special election to be held within sixty (60) days of verification of the petition by the Election Board. The vote of a majority of those actually voting shall be conclusive and binding upon the Tribal Council.

  • Section 2. - Referendum
  • Upon the request of two thirds of the total membership of the Tribal Council, any proposed or previously enacted ordinance or resolution of the Tribal Council shall be submitted for a vote by the General Council at a regular or special election to be held within sixty (60) days of the vote by the Tribal Council. The vote by a majority of at least thirty (30) percent of the General Council shall be conclusive and binding upon the Tribal Council.

  • Section 3. - Recall
  • Upon receipt and verification by the Election Board of a petition of at least thirty (30) percent of the General Council of the Poarch Band of Creek Indians, it shall be the duty of the Election Board to call a special election to consider the recall of the elected tribal official named in the petition. The election shall be held within sixty (60) days of receipt of the petition by the Election Board, provided that if the petition is received less than six (6) months prior to the annual election, the Election Board may direct that the matter be placed on the ballot of that election. If a majority of those actually voting favor the recall of the official, the office shall be declared vacant and filled in accordance with Article VII, Section 4 of this Constitution. If the recall fails, that officer cannot be recalled again for twelve (12) months. 

     

     

         So there. Native Americans in Alabama have some freedoms not granted to non-Native American residents.

          Also, the tribe does not pay any taxes. That could change if Alabama elected officials agreed to a compact agreement with the tribe that could, in return, allow the tribe to offer a higher level of gambling at their casinos---like card games.  

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