Alabama Constitution Section 274 Volunteer organizations
Alabama Constitution – Section 275: Immunity of Members from Arrest While Attending, Going to, or Returning from Musters, Parades, and Elections
Short Heading:
Arrest Immunity for Certain Civic Duties
Detailed Explanation:
Section 275 provides limited legal protection (called immunity from arrest) for certain individuals when they are involved in specific civic or public duties, namely:
Musters (military or militia gatherings)
Parades
Elections
Key Provisions:
Who Is Protected?
Typically applies to militia members, election officials, or participants in public or official parades or elections.
This section is rooted in historical practices, particularly from the 19th century, when citizen-soldiers and local officials frequently participated in public functions.
When Is Arrest Immunity Granted?
While attending, going to, or returning from:
A muster (militia training or assembly)
A parade (official or public duty)
An election (voting or assisting with election duties)
What Kind of Arrests Are Exempted?
Immunity is generally from civil arrest, such as those for unpaid debts, not criminal acts.
This means individuals cannot be detained for minor civil matters when they are engaged in or traveling to/from their official duty.
Why This Exists:
To ensure that citizens and officials can fulfill civic responsibilities without fear of interference or harassment through arrest.
Preserves public order and function during important civic events like elections or militia musters.
Modern Relevance:
While some of the terms like “muster” reflect historical militia systems and are rarely used today, the principle of protecting public participation in democratic and civic duties remains important.
For example:
Election workers can’t be arrested over a lawsuit while they’re performing their official role.
Voters shouldn't be detained for a civil matter while they’re on the way to vote.
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