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© 1999 - 2006 League of Women Voters of Alabama and
League of Women Voters of the United States

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The Voter
Fall 2006 Edition

Published November 29, 2006

The Voter is the quarterly newsletter of the League of Women Voters of Alabama. The printed edition is re-formatted here for web publication with index and links added. Web Editor's navigational notes are added in [bracketed italics].

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The Voter

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President's Paragraphs


The 2006 election season is behind us and it's time to prepare for the 2007 legislative session. LWVAL Board Members, Mary Lynn Bates and Jean Johnson, worked with Alabama Appleseed Center for Law and Justice to produce a voters guide on the Alabama Supreme Court Judges, which was featured on the League's website prior to the election. Ruth Wright and the Advocacy Committee have been working on the Legislative positions adopted at Council this spring. All Legislators have been sent a copy of The Alabama Legislature: Facts and Issues and have been notified of our positions. Thank you to Ruth and her entire committee for all of their work on this study for the past 3 years!!

Judy Jones, Auburn, has joined the LWVAL Board and will chair DHR/Health. Her appointment is in response to concerns expressed at the 2005 State Convention. Please contact her if you have any ideas, comments, or suggestions in this area. Her email address is judylcsw@charter.net.

Local Leagues, MALs, and individual members - let me know what LWVAL can do for you. What will help your local league? We are in the planning stages of next year's State Convention. At council this past spring, many asked for more League training. Many liked the idea of everyone attending all workshops instead of having to choose between several. Tell us what you want at State Convention. What will benefit you and your League? Also, we need suggestions for guest speakers.

You are encouraged to contact any LWVAL Board member or me when you have comments, suggestions, or ideas.

-- Sandy Robinson,
   LWVAL President


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LWVAL Supreme Court Voter Guide Report


The online Alabama Supreme Court Voter Guide produced by the LWVAL in conjunction with the Alabama Appleseed Center for Law and Justice was officially released online October 3, 2006. Links to the site were posted on the websites of LWVUS, the Justice at Stake campaign, and the Alabama Bar Association. Articles that mention or feature the Voter Guide were published in the Birmingham News, Montgomery Advertiser, Mobile Press Register, Anniston Star, and Clarke County Democrat and it was announced in the electronic newsletters of several organizations. A public service announcement about the Guide aired on at least one radio station.

The Guide included biographical information and Candidates' answers to seven objective questions about judicial philosophy, the role of public opinion and personal belief in making judicial decisions, the needs of the justice system, the candidate's qualifications, the most important attributes of a judge and the importance of judicial independence. Seven of the eight candidates in contested Supreme Court races responded to the Questionnaire.

The Guide received praise for both its content and format. It provided valuable and needed information to voters in an election contest that once again featured negative ads, charges and countercharges and one race that was estimated to be the most expensive judicial race in the country. An editorial page headline in the Birmingham News the Sunday before the election proclaimed "For Objective information on candidates, see League of Women Voters' Web site." The headline appeared above a letter to the editor about the Guide and just below a drawing of the scales of justice.

John Pickens, Appleseed's Director, and Craig Babb, an attorney with Appleseed, constituted the Appleseed team for the project and Mary Lynn Bates, Jean Johnson, Yvonne Brakefield and Sandy Robinson led the League effort. Appleseed has already said that it would be interested in working with the League on a similar online Guide, covering more judicial races, for the 2008 election.

-- Mary Lynn Bates
LWVAL Director

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Advocacy Positions of the League of Women Voters of Alabama:
The Pratices and Procedures of the Alabama Legislature
Published November, 2006

The League of Women Voters of Alabama recommends changes in the organization and operation of the Alabama Legislature to be considered by the new Legislature, beginning in its Organizational Session on January 9, 2007. The recommendations are based on a three-year study of legislative practices and procedures. They embody League member consensus after studying objective research and debating alternatives.

Position Statements

I. The Legislature should be independent of the Executive Branch and strong enough to function effectively as a co-equal branch of government. To maintain a separation of powers, the internal leadership of the House and the Senate should be elected by the membership of each chamber.

On the division of Senate leadership between the Lt. Governor and the President Pro Tempore, no specific recommendations are made. The League agrees with those who propose research and a review of the 1999 decision. The goal should be to establish a sound policy for the institution without regard for which party holds a majority.

II. The Committee System
The committee system, which is the core of the legislative process, should receive continuing attention to preserve existing strengths and eliminate weaknesses.

A. Greater emphasis should be placed on committee jurisdictions.

  • Clear definitions of jurisdictional lines for each committee.
  • Bill assignment based only on committee jurisdiction.
  • Greater weight in committee assignments for members' expertise in the subject areas of the committees.
  • Adequate support in the form of legal advice and non-partisan objective research to enhance the committee members' expertise.

Potential Impacts

A more effective committee system in the Senate and balancing of Senators' workloads by removing overlapping jurisdictions and reconsidering committees that meet infrequently.

Increased capacity in both chambers to evaluate bills on their merits through an exchange of views among more knowledgeable committee members.

Opportunities for members to develop expertise independent of lobbyists.

B. Committee Procedures

Each chamber should define committee rules in writing and ensure the rules are enforced. Rules should include

  • Timely notice of meeting times, locations, and agendas to be posted on the Internet for use by both legislators and the public
  • Provisions for votes only in an open meeting, for accurate vote counts, and for roll call votes to be posted on the Internet.
  • Mechanisms for members to call committee meetings if the chair does not.
  • Open committee meetings to ensure public access to deliberations.
  • Provisions like those used by the House in the 2002-2006 legislature to achieve more representative committee membership with regard to race, gender, and party ratios within the chamber.

According to legislators, some of these rules existed in the 2002-2006 legislature, but were not consistently enforced for various reasons.

C. Increased interaction and shared accountability between committee chairs and members should be encouraged. Committee chairs should be chosen by the committee, without regard to party affiliation.

III. Legislative Support: Research and Staffing

  • A nonpartisan office of public policy research should be established to provide legislators with objective research on which to base public policy decisions. It should address non-fiscal topics for committees and chamber leadership following the model of support in fiscal matters by the Legislative Fiscal Office. One independent office should serve both chambers.
  • Funding for the nonpartisan policy office and additional clerical support should first be sought by a thorough examination of all current legislative funding and a possible reallocation of those funds.
  • The Legislative Fiscal Office, which is nonpartisan and highly trusted, should be maintained.
  • Objective legal advice, now provided to selected committees by the Alabama Law Institute, should be available to all committees.
  • Adequate clerical staff should be provided for members in Montgomery.
  • The staff for all legislative support offices should be non-partisan and professional.

Potential Impacts

  • Confirming the legislature's commitment to informed and objective decision-making.
  • Meeting a need expressed by 81.3% of lawmakers in the League survey for more objective analysis of existing circumstances and the projected impacts of proposed legislation.
  • Providing the nonpartisan staff preferred by 85.3% of legislators surveyed.
  • Enabling a part-time, citizen legislature to perform more effectively during its sessions. Experts find nonpartisan offices of policy research successful in a majority of states with varying legislative structures, but regard them as especially valuable for part-time, citizen legislatures. Alabama legislators requested more objective information but not longer sessions.
  • Permitting the Legislative Reference Service to focus on its primary job of drafting legislation.
  • Permitting legislators to address their individual, partisan or special interest considerations with the benefit of objective information.
  • Coordinating spending for policy research. It is increasingly dispersed on an ad hoc basis, sometimes by lump sum grants without established criteria to individual legislators, committees or caucuses.
  • Promoting the effective and accountable use of state funds through a Nonpartisan Office of Policy Research (NOPR) that can ensure the qualifications of researchers and access for the entire legislature to research funded by public money.

IV. Legislative Budgets

To promote the informed participation of legislators and the public, the Legislature should post legislative budgets on the Internet, including the specific amounts budgeted to and spent from the following:

  • Funds for each chamber, the leadership, and the various standing Committees
  • Discretionary fund monies disbursed by the House and Senate leadership
  • Discretionary funds under members' control.

V. Lobbying and Ethics

Concern about the influence of lobbyists was expressed by legislators in interviews with the League. Lobbyists play an important role in the transmittal of information to legislators, but regulation of lobbying is necessary in order to prevent corruption and to instill public trust. The League, therefore, supports the following regulations:

  • A ban on PAC-to-PAC transfers because they disguise the source of contributions and because campaign funding and the threat of its withdrawal are major lobbying tools that may result in undue influence.
  • A substantial reduction in the $249 a day a lobbyist may spend on every legislator without disclosing the expenditure.
  • Procedures to ensure new clients of lobbyists are registered more promptly.
  • Funding of staff for the Ethics Commission to enforce the regulations.

Potential Impacts

  • The change could promote public trust by addressing the widespread belief that interest groups are too powerful in the legislature. Alabama is ranked as one of five states with "Dominant" interest groups: "those states in which groups as a whole are the overwhelming and consistent influence on policy making."
  • Disclosure is one means of preventing undue influence. With a disclosure threshold of $249 per day per legislator, quarterly reports by lobbyists most often require no information beyond checking a box to report that the threshold was not reached.

Related Legislative Topics Without Specific Recommendations

I. Local Legislation

No changes in current procedures for handling local legislation have been recommended to solve the problems reported by local governments. The generally-accepted solution, which LWVAL strongly supports, is for the legislature to permit localities to solve more of their local problems at the local level and free the legislature to address state issues more completely.

II. Parties and Caucuses

No specific recommendations are offered for changes in the operation of parties and caucuses. At present a majority and a minority leader are to be appointed. Each leader or a designee serves on every standing committee. Each caucus makes it own rules, subject to the general rules of the legislature. The impacts of stronger parties and caucuses cited in interviews included:

  • Negative: the danger of partisan gridlock
  • Positive: challenges to the most powerful lobbyists

The improvements recommended for the committee system, which include an emphasis on jurisdictions, establishment of a nonpartisan policy research office and increased attention to representative committee membership, could affect how relationships between parties and caucuses develop.

III. Citizens and Legislators

Both legislators and citizens seek better communication. Citizens who wish to influence legislation should educate themselves about the legislative process. The League is committed to promoting informed citizen participation. Its web site, www.lwval.org, offers an appendix to The Alabama Legislature: Facts and Issues that explains how to follow the progress of legislation during each session on the Alabama Legislative Information Service on Line (ALISON) and other information during the session.



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Advocacy for Legislative Positions Underway

Advocacy began on November 9 to accomplish changes in legislative procedures and practices that LWVAL adopted after consensus in the legislative study. The immediate goal is to influence the Organizational Session of the new Legislature, beginning January 9. 2007, where rules and procedures for the four years will be set. Reform of the committee system, especially in the Senate, must begin there. Other proposals, such as the funding for a Nonpartisan Policy Research Office or banning PAC to PAC transfers, must await the Regular Session on March 6.

All legislators received the account of our positions printed in this Voter by November 15. Earlier new legislators received copies of The Alabama Legislature: Facts and Issues, received by sitting legislators in May. A press release, to be published on November 27, aims to promote public discussion of League proposals. Other public interest organizations will be invited to lobby with us, if our positions fit their agendas. Toward the end of December, Local Leagues will be consulted on ways Leagues and individual members might advance the cause.

Advocacy advice is welcome. Send to Advocacy Team (Mary Lynn Bates, Anne Permaloff, Becky Sylvester, Sue Flood, Sandy Robinson, Ruth Wright) at ruthlwright@mindspring.com.


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Looking ahead to State Convention, May 2007

Leagues or individual members who have suggestions for state program - new studies or changes to the current Program--should present them to the state board by mid-February. Program, in League terms, consists of action to implement League Principles and those governmental issues chosen by the convention of LWVAL for concerted study or action. The LWVAL Program, 2005-2007 is online at www.lwval.org/lwvalprogram.html.

The procedures for acting on state program at Convention appear in the Bylaws, Article XI, Section 3.

    a. Local board and individual members may make suggestions for state program to the state board at least three months prior to the opening date of convention;
    b. The board of directors shall consider the recommendations and shall formulate a proposed recommended program which shall be sent to each local president at least two months prior to the opening date of convention;
    c. A majority vote shall be required for the adoption of the proposed program recommended by the state board;
    d. Any suggestions for the state program submitted to the state board at least three months before the convention, but not recommended by the board, may be adopted by the convention provided consideration is ordered by a majority vote and on a following day the proposal for adoption receives a two-thirds vote.

A study approved by the 2005 Convention anticipated a question that might arise in writing a new Constitution: The appropriateness of various forms of Initiative and Referendum as possible additions to the legislative process. A three-member committee has done preliminary reading.

For further information about the program planning process, contact Sandy Robinson, President, or Ruth L. Wright, Program Chair.


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Local League News

AUBURN

The summer event for the local league was to sponsor a candidate's night in August for candidates running for the Auburn City Council. There were several heated races and we had a packed house at the Auburn First Baptist Church.

Auburn's fall kickoff meeting was a wine and cheese with two speakers on the Death Penalty. Esther Brown, Project Hope to Abolish the Death Penalty, spoke and discussed why she is asking for a Moratorium on the Death Penalty in Alabama. Mr. Robby Treese from the District Attorney's office discussed the Capital Punishment law in the state. The event was held at the historic Opelika Railroad Depot which is managed by the Opelika Arts Association. As a follow-up to this meeting the Auburn LWV Board voted to support a moratorium.

At the October meeting consensus on our local study of County Government was reached. In general, it was decided that the current structure of the Lee County Commission is working pretty well, but that more home rule is needed to enable local problems to be handled.

A delegation from the League observed events at the Lee County Courthouse on Election Night. We assisted the regular courthouse personnel. All voting precincts were accounted for by 10:15.

The November meeting will be on the topic of Judicial Independence with
William Gordon, chair of the Judicial Campaign Oversight Committee as the speaker.

I have gotten unofficial confirmation (from our state's liaison) that our request for a name change to LWV of East Alabama was approved at the October board meeting of the National Board.

A new member, Ms. Laura Hill, who is from Opelika is now serving as a LWV Observer to the Opelika City Council.

We wish to thank Jean Johnson and Mary Lynn Bates for the wonderful web site they created for the state Supreme Court candidates.

Our league will be celebrating our 50th Anniversary in 2007 and we are looking forward to a special celebration at our Annual Meeting next spring.
Marilyn Garrett

BIRMINGHAM

LWVGB devoted the majority of its time during the summer and fall months to voter service activities in advance of Election Day 2006. We conducted numerous voter registration drives and assisted residents of several retirement home communities with absentee ballot application preparation and change of address forms. We also ?manned? the Jefferson County Board of Registrars office on Election Day to help answer numerous last minute questions on various voting issues.

LWVGB and Hadassah, a local Jewish women?s group, co-sponsored a candidates forum on Sunday October 22nd at Chabad House in Mountain Brook. Candidates running for Jefferson County Probate Judge Place 1, Jefferson County Probate Judge Place 2 and Jefferson County Circuit Court Judge Place 15 participated in the event.

The Jefferson County Commission issued a proclamation recognizing LWVGB for its dedication to Voters Service. It was read by Commissioner Gary White and presented to the League at the Tuesday, October 24th Commission meeting. Virginia Randolph, 2nd Vice President, and Betty Warnock, Voter Service Co-Chair, accepted the honor on behalf of the membership.

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LWVAL Board of Directors



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