2004 Alabama Amendment 2

2004 Alabama Amendment 2
November 2, 2004
Proposing an amendment to the Constitution of Alabama of 1901, to repeal portions of Section 256 and Amendment 111 relating to separation of schools by race and repeal portions of Amendment 111 concerning constitutional construction against the right to education, and to repeal Section 259, Amendment 90, and Amendment 109 relating to the poll tax. (Proposed by Act 2003-203)
Results
Choice
 Votes %
Yes 689,450 49.93%
No 691,300 50.07%
Results by county

2004 Alabama Amendment 2 was a proposed amendment to the Alabama Constitution of 1901 to repeal the defunct requirement of racial segregation in schools, the defunct poll tax to vote, and a declaration that there was no right to a publicly funded education in Alabama. The amendment was narrowly defeated, with 49.93 percent of the votes in favor, and 50.07 against.

Background

HB587, which became Act 2003–203, placed the measure on the ballot. The bill was passed 91 to 0 in the State House, and 29 to 0 in the State Senate.[1]

The amendment initially only contained language repealing defunct provisions of Alabama's constitution related to school segregation and poll taxes; Support for removing these clauses was widespread. However, a new part was later added to the measure; it would repeal a 1956 clause saying that there was not a right to a publicly funded education in the state of Alabama, a provision adopted following Brown v. Board of Education.[2]

Viewpoints

Support

Governor Bob Riley was in favor of the amendment, believing that if it passed, Alabama's image would be enhanced. Before the results were finalized, Riley said that if the amendment were to fail, he would create a new amendment leaving out a portion that was criticized by Roy Moore and those in opposition to the measure. "We'll give the people a chance to vote again."[3] Riley also felt that those in opposition were incorrect in claiming that courts would have the ability to force the state to raise public school taxes.[2]

Former governor Don Siegelman also backed the amendment, believing it to be important for the national image of Alabama and future economic development. Siegelman, like Bob Riley, argued that opponents were incorrect in thinking that courts would have the authority to force Alabama to raise public school taxes.[2]

Opposition

Former chief justice of the Supreme Court of Alabama Roy Moore opposed the amendment, claiming that a part of the amendment could be used by a federal court in order to increase public education taxes.[3] He described the amendment as "a wolf in sheep's clothing" that would lessen the ability of parents to control their children's education.[2]

Results

The measure was defeated by less than 2,000 votes, leaving the segregation, poll tax, and publicly funded education clauses still on the books.[4]

County Yes No
# % # %
Autauga 6,959 45.9 8,204 54.1
Baldwin 29,118 55.1 23,773 44.9
Barbour 3,344 52.3 3,047 47.7
Bibb 2,081 33.4 4,146 66.6
Blount 5,497 32.1 11,615 67.9
Bullock 1,296 58.1 933 41.9
Butler 3,010 52.2 2,750 47.8
Calhoun 16,284 46.7 18,572 53.3
Chambers 4,641 54.7 3,845 45.3
Cherokee 2,323 37.7 3,848 62.3
Chilton 4,932 38.4 7,919 61.6
Choctaw 2,252 50.5 2,210 49.5
Clarke 4,007 55.9 3,159 44.1
Clay 1,727 36.6 2,990 63.4
Cleburne 1,628 44.2 2,051 55.8
Coffee 6,410 52.0 5,930 48.0
Colbert 8,145 49.8 8,166 50.2
Conecuh 2,000 57.4 1,471 42.6
Coosa 1,521 42.1 2,090 57.9
Covington 4,880 50.7 4,744 49.3
Crenshaw 1,697 49.0 1,769 51.0
Cullman 9,687 34.9 18,105 65.1
Dale 6,175 45.8 7,314 54.2
Dallas 6,063 51.4 5,744 48.6
DeKalb 5,591 39.0 8,731 61.0
Elmore 9,551 43.7 12,290 56.3
Escambia 3,638 51.1 3,480 48.9
Etowah 12,802 38.8 20,182 61.2
Fayette 1,915 31.4 4,161 68.6
Franklin 2,810 36.2 4,965 63.8
Geneva 2,929 42.5 3,960 57.5
Greene 2,188 71.2 897 28.8
Hale 2,452 45.5 2,982 54.5
Henry 2,164 48.6 2,289 51.4
Houston 12,259 47.4 13,615 52.6
Jackson 5,486 45.0 6,692 55.0
Jefferson 139,396 58.1 100,282 41.9
Lamar 1,660 38.2 2,685 61.8
Lauderdale 12,269 48.8 12,889 51.2
Lawrence 3,758 39.6 5,733 60.4
Lee 22,398 66.1 11,488 33.9
Limestone 7,407 32.1 15,658 67.9
Lowndes 2,245 59.6 1,519 40.4
Macon 4,715 70.1 2,064 29.9
Madison 58,258 57.8 42,614 42.2
Marengo 3,353 51.8 3,140 48.2
Marion 2,818 30.2 6,541 69.8
Marshall 8,827 38.0 14,428 62.0
Mobile 50,555 52.1 46,500 47.9
Monroe 2,916 53.3 2,557 46.7
Montgomery 33,723 57.4 25,008 42.6
Morgan 14,919 42.0 20,622 58.0
Perry 2,411 61.5 1,515 38.5
Pickens 2,935 45.2 3,559 54.8
Pike 3,929 49.7 3,974 50.3
Randolph 2,551 46.8 2,895 53.2
Russell 5,836 56.5 4,497 43.5
St. Clair 8,465 35.3 15,506 64.7
Shelby 33,843 51.7 31,593 48.3
Sumter 2,366 63.6 1,360 36.4
Talladega 11,071 46.4 12,799 53.6
Tallapoosa 6,413 51.6 6,009 48.4
Tuscaloosa 28,178 50.5 27,686 49.5
Walker 6,602 28.4 16,626 71.6
Washington 1,898 33.6 3,752 66.4
Wilcox 2,208 59.7 1,516 40.3
Winston 2,065 26.7 5,646 73.3
Total 689,450 49.93 691,300 50.07[5]

Aftermath and analysis

The inclusion of a repeal of the 1956 education clause "played a central role" in the defeat of the amendment.[6]

Following rejection of the amendment, State Senator Wendell Mitchell pledged to introduce a new amendment in February 2005, this time omitting a repeal of the publicly funded education provision. Mitchell believed that the removal of segregation era language from the state's constitution without the education clause would be "decisively approved by voters."[7]

In 2022, Alabama voted on a separate constitutional amendment, 2022 Alabama Recompiled Constitution Ratification Question, which, among other things, removed all racist language.[8]

See also

References

  1. ^ "BILLS - SEARCH ALL SESSIONS". Alabama Legislature. Click "Search Table," search "HB587," and scroll down. Then, click the right arrow in the bottom right. The bill is on that page, and can be viewed from there. It is from 2003, and its listed sponsor is Buskey. Retrieved November 26, 2025.
  2. ^ a b c d Rawls, Phillip (November 3, 2004). "State voters split on Amendment Two". Opelika-Auburn News. Associated Press. Retrieved November 26, 2025 – via Newspapers.com.
  3. ^ a b Rawls, Phillip (November 3, 2004). "Amendment Two vote still up in air". The Huntsville Times. Associated Press. Retrieved November 26, 2025 – via Newspapers.com.
  4. ^ "Alabama Separation of Schools, Amendment 2 (2004)". Ballotpedia. Retrieved November 28, 2025.
  5. ^ "Elections Data Downloads". Alabama Secretary of State. Data: 2004 General Election Results - Level Official election results certified by State Canvassing Board. Retrieved November 26, 2025.
  6. ^ Bright, Taylor (November 27, 2004). "Language stems from 1956 session". The Birmingham News. Retrieved November 27, 2025 – via Newspapers.
  7. ^ Wendell, Mitchell (November 17, 2004). "Mitchell pushing for language removal". The Prattville Progress. Retrieved November 27, 2025 – via Newspapers.
  8. ^ "Alabama Recompiled Constitution Ratification Question (2022)". Ballotpedia. Retrieved November 26, 2025.
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