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Here is the review of HJR 91 and SJR 11 for the Legislative
Session 2009
As supporters know, Speaker Pro Tem Demetrius Newton and
Senator Ted Little sponsored Joint Resolutions in their respective Houses
that would allow the people to vote on calling for a constitution convention.
Beginning April 22, HJR 91 came up three times in the Rules Committee
of the House. The first time, the Resolution failed to be approved for
the Rules Committee Report, the second time it was a tie vote (one supporter
was missing) and when it came up the third time, Wednesday, May 6th, it
passed, eight to seven to be placed on the Rules Committee Report .
Rules Chair, Ken Guin, brought the resolution to the floor of the House.
At that point, Mike Hubbard asked to speak and spoke against it. He said
that a convention would be domed to failure by special interest so that
voters would reject it and that it was safer to allow the legislators
to change it article by article.
Speaker Pro Tem, Demetrius Newton said he thought Hubbard's comment was
the very reason to vote FOR the Resolution. "Let's try that and see
if it will fail," he said. "All we are asking is that the people
of Alabama will have the right to say 'yes' or 'no'. If you don't trust
the people to vote correctly, how did you get here?"
Newton went on to say, "I hear you are against special interests.
The 1901 Constitution writers decided to hold power in Montgomery where
special interests hold sway. Today we have to walk sideways down the halls
of the State House to get by the special interests' representatives."
Rep. James Buskey asked to speak and said this effort for a constitution
convention was being run by North Alabama and Birmingham. He said no one
from Mobile had called him.
Speaker Newton said that he had recently been a speaker at the Mock Convention held in Prattville and met people who had volunteered to be delegates from Mobile, and that one of them was from Buskey's district. (The Mock Convention included volunteer delegates from almost all of the legislative districts and did include one from Rep. Buskey's District 99)
At that point, Buskey asked to carry the Resolution "over"
temporarily.
Chairman Guin countered with a proposal to place Buskey's stalling tactic
on the table.
Speaker Seth Hammett called for a vote on Guin's proposal but it failed:
43 against, 36 for, one abstained and 25 "passed" meaning they
did not vote or were not present. Seeing that vote, Chair Guin said that
he would agree to carry the Resolution over. This is a confusing tactic
and often representatives who support a proposal are confused and vote
to defeat what they actually support. Some representatives came forth
after the vote and expressed their error but it was to late to change.
Despite requests, the House resolution was not brought up again during
the session and the Senate Rules Committee never considered SJR 11.
_____________________
Those who voted on May 6th in favor of Guin's proposal (to lay Buskey's
hold-over proposal on the table) were the following. A favorable vote
would have allowed HJR91 to move forward.
Marcel Black (D) Tuscumbia, George Bandy (D) Opelika, Billy Beasley (D)
Eufaula, Robert Bentley (R) Tuscaloosa, Alan Boothe (D) Troy, Barbara
Boyd (D) Anniston, Mike Curtis (D) Florence, Owen Drake (R) Trussville,
Bill Dukes (D) Decatur, Priscilla Dunn (D) Bessemer, Chris England (D)
Tuscaloosa, Craig Ford (D) Gadsden, Blaine Galliher (R) Rainbow City,
Ronald Grantland (D) Hartselle, Ken Guin (D) Jasper, Speaker Seth Hammett
(D) Andalusia, Alan Harper (D) Aliceville, Laura Hall (D) Huntsville,
Marc Keahey (D) Grove Hill, Richard Lindsey (D) Centre, Artis McCampbell
(D) Livingston, Jeff McLaughlin (D) Guntersville, Pat Moore (R) Pleasant
Grove, Johnny Mack Morrow (D) Red Bay, Demetrius Newton (D) Birmingham,
Jack Page (D) Gadsden, John Robinson (D) Scottsboro, Oliver Robinson (D)
Birmingham, John Rogers (D) Birmingham, Rod Scott (D) Fairfield, Tommy
Sherer (D) Jasper, Terry Spicer (D) Enterprise, Butch Taylor (D) New Hope,
William Thigpen (D) Fayette, Patricia Todd (D) Birmingham and Lesley Vance
(D) Phenix City.
Those voting against were: (Some supporters who voted against Guin's
proposal, are clearly in favor of a constitutional convention and tried
to get their vote change but it was too late..)
Gerald Allen (R) Tuscaloosa, Alan Baker (R) Brewton, Mike Ball (R) Huntsville,
Jim Barton (R) Mobile, Warren Beck (R) Geneva, Duwayne Bridges (R) Valley,
James Buskey (D) Mobile, Greg Canfield (R) Vestavia, Steve Clouse (R)
Ozark, Spencer "Jack" Collier (R) Mobile, Randy Davis (R) Baldwin,
Paul DeMarco (R) Homewood, Teddy "Joe" Faust (R) Baldwin, Chad
Fincher (R) Semmes, Victor Gaston (R) Mobile, Mac Gipson (R) Prattville,
Todd Greeson (R) Ider, Mickey Hammon (R) Decatur, Mike Hubbard (R) Auburn,
Tammy Irons (D) Florence, Jamie Ison (R) Mobile, Thomas Jackson (D) Thomasville,
Ronald Johnson (R) Sylacauga, Yvonne Kennedy (D) Mobile, Richard Laird
(D) Roanoke, John "Jody" Letson (D) Moulton, Benjamin Lewis
(R) Dothan, Jay Love (R) Montgomery, James "Jimmy" Martin (D)
Clanton, Barry Mask (R) Wetumpka, Jim McClendon (R) Springville, Mary
Sue McClurkin (R) Pelham, Mac McCutcheon (R) Huntsville, Mike Millican
(D) Hamilton, Jeremy Oden (R) Eva, Arthur Payne (R) Trussville, Howard
Sanderford (R) Huntsville, Elwyn Thomas (R) Oneonta, Allen Treadaway (R)
Morris, Pebblin Warren (D) Tuskegee, Randy Wood (R) Anniston, Jack Williams
(R) Birmingham and Greg Wren (R) Montgomery.
Those who were not present or did not vote were: (Some supporters who
did not vote or were not present, are supporters of a constitutional convention.)
Locy "Sonny" Baker (D) Abbeville, Merika Coleman (D) Bessemer,
James Fields (D) Cullman, Lea Fite (D) Anniston, James Gordon (D) Mobile,
Betty Carol Graham (D) Alex City, David Grimes (R) Montgomery, Mike Hill
(R) Birmingham, Earl Hilliard (D) Birmingham, Alvin Holmes (D) Montgomery;
Randy Hinshaw (D) Meridianville, Ralph Howard D. Greensboro, Steve Hurst
D, Munford, John Knight (D) Montgomery, Thad McClammy (D) Montgomery,
Frank McDaniel (D) Guntersville, Steve McMillan (R) Bay Minette, Mary
Moore (D) Birmingham, Charles Newton (D) Greenville, Yusuf Salaam (D)
Selma, Harry Shiver (R) Atmore, James Thomas (D) Camden, Cam Ward (R)
Alabaster and Henry White (R) Athens.
There was one abstention:
Joseph Mitchell (D) Mobile.
And there is one vacancy, House District 6 in Madison Co.