AL Code § 45-25A-40 (2021)
2021 Code of Alabama|Title 45 - Local Laws.|Chapter 25A - Dekalb County Municipalities.|Article 4 - Fort Payne.|Part 1 - City Council.|Section 45-25A-40 - Composition; Election of Members; Vacancies.

Section 45-25A-40Composition; election of members; vacancies. (a) Any law, whether special, local, or general, or municipal ordinance, to the contrary notwithstanding, the City of Fort Payne, in DeKalb County, shall not designate by place number, or by other similar method, seats for city council. (b)(1) In the election for the five members of the city council, if there are more than five candidates, then the majority of the votes cast for the office in the election shall be determined by dividing the total votes cast for all candidates for the offices by the number of positions to be filled, and then dividing that result by two. Any number of votes in excess of the number determined by the last division shall be the majority necessary for election. (2) If it appears that any candidate in the election has received a majority of the votes cast for that office, the municipal governing body shall declare that candidate elected to the office, and a certificate of election shall be given to the person by the municipal governing body. (3) If in determining the results pursuant to this subsection, it appears that more candidates have obtained a majority than there are positions to be filled, then those candidates having the highest vote count, if beyond the majority as defined by subdivision (1), shall be declared elected to fill the positions. (c)(1) In the election for the members of the city council, if less than five candidates receive a majority as provided by subsection (b), there shall be a run-off election conducted and called as provided by law. The number of candidates that may participate in the run-off election shall be equal to twice the number of positions remaining open, and shall be the candidates with the highest number of votes, but without a majority. (2) The number of candidates with the highest number of votes in the run-off election equal to the number of remaining positions shall be elected to the city council. (d)(1) Except as provided in subdivision (2), any vacancy in the council which shall exceed 24 months shall be filled by special election in the same manner, on a pro rata basis of the number of seats to fill as the original election, for the duration of the term of the predecessor in office. (2) Any vacancy occurring within 24 months of the quadrennial council elections in which a mayor is elected, shall be filled by the council by appointment within 30 days of the occurrence of the vacancy, and the appointee shall serve out the unexpired term to which he or she is appointed. (e)(1) The requirements for office, application for candidates, and the fees therefor shall continue to be set by resolution of the city council. (2) It is expressly provided that all other laws and ordinances relating to elections for city council members shall remain effective and except as herein provided, the office of the city council and the operation of the governing body of Fort Payne, Alabama, shall continue as otherwise provided by law. (Act 80-189, p. 266, §§1-4; Act 2019-206, §1; Act 2019-246, §1.)