HB394 Alabama 2023 Session

Summary

Primary Sponsor

Arnold MooneyRepresentative

Republican

Session

Regular Session 2023

Title

Proposing an amendment to Section 46 of the Constitution of Alabama of 2022, commencing on November 1, 2026, to limit a legislator to a maximum of five full terms of office, plus up to two years of service filling a vacancy, for a total of 22 years in the Legislature; and to provide that service in the Senate and service in the House of Representatives before November 2022 would not disqualify, in whole or in part, an individual from service in the respective body following that date.

Summary

HB394 would create a constitutional limit of 22 years total for Alabama legislators (five full terms plus up to two years filling vacancies) starting with the 2026 elections, with pre-2022 service exempt from the limit for future service.

What This Bill Does

The bill would amend Section 46 of the Alabama Constitution to cap any individual’s time in the Legislature at five full terms plus up to two years for vacancies, totaling 22 years in the Senate and House combined. The limit would take effect starting with the November 2026 general election and would apply to both chambers. It includes a grandfather clause allowing legislators who served before November 2022 to continue serving afterward without those prior years counting toward the new limit. It also outlines how vacancies would be filled (including writs of election, unopposed-candidate rules, and funding of election costs) and states that if a vacancy occurs after October 1 in the third year of a quadrennium, the seat stays vacant until the next general election.

Who It Affects

• Current and future Alabama state senators and representatives who would be subject to the 22-year limit starting in 2026.
• Voters in Alabama, as the source of elective office changes and the eligibility rules that affect who can serve in the Legislature.

Key Provisions

• Starting with the 2026 general election, no legislator may serve more than five full terms plus up to two years filling a vacancy, for a total of not more than 22 years in the Legislature.
• Service in the Senate or House before November 2022 does not disqualify an individual from serving in the respective body after that date (grandfathering).
• When a vacancy occurs, the Governor issues a writ of election to fill the vacancy for the remainder of the term; if the candidate is unopposed after filing deadlines, no election is held and a certificate of election is issued.
• If an election is held, costs are paid from state funds not otherwise appropriated.
• If a vacancy occurs on or after October 1 of the third year of a quadrennium, the seat remains vacant until the next general election.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Legislature, term limits, constitutional amendment