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SB21 INTRODUCED
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SB21
KHT9755-1
By Senator Chesteen (Constitutional Amendment)
RFD: State Governmental Affairs
First Read: 13-Jan-26
PFD: 27-Oct-25
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KHT9755-1 09/17/2025 KMS (L)ccr 2025-2763
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PFD: 27-Oct-25
SYNOPSIS:
Under existing law, the Governor and Lieutenant
Governor are required to be citizens of the United
States for 10 years before election; the Attorney
General, State Auditor, Secretary of State, State
Treasurer, and Commissioner of Agriculture and
Industries for seven years; members of the Senate and
House of Representatives for three years; and for other
constitutional offices there is no requirement.
This bill would propose an amendment to the
Constitution of Alabama of 2022, relating to
eligibility to serve in a constitutional office, to
provide that only a natural born citizen of the United
States may serve as Governor; Lieutenant Governor;
Justice of the Alabama Supreme Court; judge of the
Alabama Court of Civil Appeals or Court of Criminal
Appeals; judge of a circuit court or district court;
member of the Legislature; Attorney General; State
Auditor; Secretary of State; State Treasurer;
Commissioner of Agriculture and Industries; member of
the State Board of Education; or local sheriff,
district attorney, circuit clerk, or constable.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to Sections 47, 117, 132, 138,
146, 160, and 262 of the Constitution of Alabama of 2022,
relating to eligibility to serve in certain state and local
offices; to provide that only natural born citizens of the
United States may serve as Governor; Lieutenant Governor;
Justice of the Alabama Supreme Court; judge of the Alabama
Court of Civil Appeals or Court of Criminal Appeals; judge of
a circuit court or district court; member of the Legislature;
Attorney General; State Auditor; Secretary of State; State
Treasurer; Commissioner of Agriculture and Industries; member
of the State Board of Education; or local sheriff, district
attorney, circuit clerk, or constable.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
"Section 47
Senators shall be at least twenty-five 25 years of age,
and representatives twenty-one 21 years of age at the time of
their election. They shall be natural born citizens of the
United States, shall have been citizens and residents of this
state for three years and residents of their respective
counties or districts for one year next before their election,
if such county or district shall have been so long
established; but if not, then of the county or district from
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established; but if not, then of the county or district from
which the same shall have been taken; and they shall reside in
their respective counties or districts during their terms of
office."
"Section 117
The governor and lieutenant governor shall each be at
least thirty 30 years of age when elected, shall be a natural
born citizen of the United States, and shall have been
citizens of the United States ten years and a resident
citizens of this state at least seven years next before the
date of their his or her election. The lieutenant governor
shall be ex officio president of the senate , but shall have no
right to vote except in the event of a tie."
"Section 132
No person individual shall be eligible to the office of
attorney-general, state auditor, secretary of state, state
treasurer, or commissioner of agriculture and industries
unless he shall have been or she is a natural born citizen of
the United States at least seven years, and shall have , has
resided in this state at least five years next preceding his
or her election, and shall be is at least twenty-five 25 years
old when elected."
"Section 138
A sheriff shall be a natural born citizen of the United
States, shall be elected in each county by the qualified
electors thereof who of the county, shall hold office for a
term of four years unless sooner removed, and he shall be
eligible to serve in such office as his or her own successor.
Whenever any prisoner is taken from jail, or from the custody
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Whenever any prisoner is taken from jail, or from the custody
of any sheriff or his or her deputy, and put to death, or
suffers grevious [ grievous ] bodily harm, owing to the neglect,
connivance, cowardice, or other grave fault of the sheriff,
such sheriff may be impeached, under section Section 174 of
this Constitution . If the sheriff be is impeached , and
thereupon convicted, he or she shall not be eligible to hold
any office in this state during the time for which he or she
had been elected or appointed to serve as sheriff."
"Section 146
Judges of the supreme court, courts of appeals, circuit
court courts, and district court courts shall be natural born
citizens of the United States, licensed to practice law in
this state , and have such other qualifications as the
legislature may prescribe. Judges of the probate court shall
have such qualifications as may be provided by law."
"Section 160
(a) A district attorney for each judicial circuit shall
be elected by the qualified electors of those counties in such
circuit. Such A district attorney shall be a natural born
citizen of the United States, licensed to practice law in this
state, and shall , at the time of his or her election and
during his or her continuance in office, reside in his or her
circuit. His or her term of office shall be for six years and
he or she shall receive such compensation as provided by law.
Vacancies in the office of district attorney and in his or her
staff shall be filled as provided by law.
(b) Clerks of the circuit courts shall be natural born
citizens of the United States and elected by the qualified
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citizens of the United States and elected by the qualified
electors in each county for a term of six years. If the office
of register in chancery continues to be provided by law then
the clerk of the circuit court may also fill such office in a
manner prescribed by law. Vacancies in the office of clerk of
the circuit court shall be filled by the judge or judges of
the circuit court who have jurisdiction over the county in
which the office of clerk of the circuit court is located.
(c) Persons Individuals elected to the position of
constable to assist the courts of the state as provided by law
shall be natural born citizens of the United states, subject
to the same restrictions, rights , and limitations as are
specified in section Section 280 of the Constitution of 1901 ,
and no law shall prohibit the receipt of fees for the
performance of official duties of said the position while
holding any other elected or appointed office.
(d) The revenue from fines, forfeitures , and court
costs produced in district courts from the exercise of
jurisdiction under municipal ordinances shall be apportioned
between the municipality and the state as shall be provided by
law."
"Section 262
1.(a) General supervision of the public schools in
Alabama shall be vested in a state board of education, which
shall be elected in such manner as the legislature may
provide. Each member of the State Board of Education shall be
a natural born citizen of the United States.
2.(b) The chief state school officer shall be the state
superintendent of education, who shall be appointed by the
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superintendent of education, who shall be appointed by the
state board of education and serve at its pleasure. The
authority and duties of the superintendent of education shall
be determined by the state board of education according to
such regulations laws as the legislature may prescribe. The
superintendent of education shall receive an annual salary
which shall be fixed by the legislature of Alabama and shall
be paid from the state treasury in installments as the
salaries of other state officers are paid.
3.(c) The legislature shall enact appropriate laws to
implement or enforce this article of amendment .
4.(d) The provisions of article V and XIV of the
Constitution of Alabama this constitution as amended in
conflict with this article are expressly repealed. However,
this amendment section shall not be so construed as to effect
affect the election or term of the state superintendent of
education chosen before it this section becomes valid as a
part of the Constitution."
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
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Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. 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 Sections 47, 117, 132, 138,
146, 160, and 262 of the Constitution of Alabama of 2022, to
provide that only a natural born citizen of the United States
may serve as Governor; Lieutenant Governor; Justice of the
Alabama Supreme Court; judge of the Alabama Court of Civil
Appeals or Court of Criminal Appeals; judge of a circuit court
or district court; member of the Legislature; Attorney
General; State Auditor; Secretary of State; State Treasurer;
Commissioner of Agriculture and Industries; member of the
State Board of Education; or local sheriff, district attorney,
circuit clerk, or constable.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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