Despite efforts to remove the “separate but equal schools" provision from the Alabama Constitution, it may fail to pass.
Language added to the amendment could have forced equal funding to all of the state's school systems, but the Alabama Policy Institute says plans are to reintroduce another bill to accomplish the same thing.
"If this amendment had passed, I can assure you that you might as well take a megaphone and go down to the federal courthouse or any other courthouse and announce welcome lawsuits," said John Giles, who was among those who opposed the tax language.
The voter tabulation will include provisional ballots that are still being tabulated.
Alabama Gov. Bob Riley has already said he would offer a reworked version of the amendment, to eliminate the concern over taxes, if the measure is defeated.