reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44F - Class 8 Municipalities With Mayor-Council Form of Government. › Article 2 - Status of Mayor. › Section 11-44F-24 - Resolution That Officer Who Fills Vacancy Not Required to Serve Full-Time.

Section 11-44F-24
Resolution that officer who fills vacancy not required to serve full-time.
In the event the mayor is serving on a full-time basis and a vacancy occurs in the office of mayor, the city council may provide, by resolution, that the officer who fills the vacancy would not be required to serve on a full-time basis for the remainder of that term.
(Acts 1995, No. 95-367, p. 739, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44F - Class 8 Municipalities With Mayor-Council Form of Government. › Article 2 - Status of Mayor. › Section 11-44F-25 - Subsequent Referendum to Reconsider Status of Mayor as Part-Time Position.

Section 11-44F-25
Subsequent referendum to reconsider status of mayor as part-time position.
In the event that the governing body of any Class 8 municipality, which has adopted an ordinance pursuant to Section 11-44F-22, shall later determine that it would be in the best interests of the municipality that a subsequent referendum be held to reconsider the status of the mayor as a part-time position in such city (town), then the governing body may, by resolution, provide for a subsequent referendum upon the issue and, if so provided, the ballot shall be substantially as set forth in Section 11-44F-21, except that the question presented shall read substantially as follows:
Check one of the following:
Do you favor that the office of mayor of the City (Town) of _______ shall no longer be required to be a full-time position?
Yes ___ No ___.
If a majority of the voters voting cast their votes in favor of no longer requiring the position of mayor to be full time, then the governing body of the municipality may adopt an ordinance in effect repealing the previous ordinance requiring the mayor to serve in a full-time position, and the ordinance shall become effective when the next mayor takes office. The votes shall be canvassed and certified in the same manner as provided by Section 11-44F-23 and the governing body shall establish the salary of the mayor at least six months prior to the next regularly scheduled municipal election.
(Acts 1995, No. 95-367, p. 739, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44F - Class 8 Municipalities With Mayor-Council Form of Government. › Article 2 - Status of Mayor. › Section 11-44F-26 - Construction With Other Law.

Section 11-44F-26
Construction with other law.
All laws and parts of laws, general, local, or special, relating to or affecting the Class 8 municipality, its powers, duties, functions, and property, in force when this article takes effect, are hereby continued in effect, and this article shall be supplemental to all laws relating to the exercise of powers, functions, and duties of the mayor of the Class 8 municipality.
(Acts 1995, No. 95-367, p. 739, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 44G - Filling Vacant Mayor and Council Positions in Class 7 and 8 Municipalities › Section 11-44G-1 - Procedures in Event of Vacancy - City Council.

Section 11-44G-1
Procedures in event of vacancy - City council.
(a)(1) A vacancy in the office of city council member in any Class 7 or Class 8 municipality shall be filled by the city council at the next regular meeting or any subsequent meeting of the council. The person elected shall hold office for the unexpired term. In the event a vacancy is not filled within 60 days after it occurs in a Class 7 or Class 8 municipality, each existing city council member, including the mayor, may submit a name to the Governor for appointment. If the Governor fails to make an appointment from any submitted names within 90 days after the vacancy occurs, the judge of probate shall call a special election to fill the vacancy.
(2) In the event the Governor is unable or unwilling to make the appointment within the time period provided, he or she shall immediately notify the judge of probate of the county.
(3) Any election called pursuant to this section shall be conducted pursuant to Chapter 46 of this title.
(4) In the event more than one vacancy exists in the office of city council member or in the office of mayor, or both, all vacancies shall be filled in the same manner.
(b) In any election held pursuant to this section, only qualified electors who are residents of the municipality shall be eligible to vote and shall present proof of identification to the pollworkers before casting a vote. The identification may be in the form of a valid Alabama driver's license or some other form of identification that confirms a permanent address in the city where the vote is to be cast. Other forms of identification may include, but are not limited to, a credit card, birth certificate, food stamp card, Social Security card, check cashing card, library card, passport, school record, work identification record, school identification, certified copy of a marriage license, any form of governmentally-issued identification, or Medicaid, Medicare, or welfare identification.
(Acts 1997, 97-940, p. 510, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-1 - Adoption and Enforcement Authorized.

Section 11-45-1
Adoption and enforcement authorized.
Municipal corporations may from time to time adopt ordinances and resolutions not inconsistent with the laws of the state to carry into effect or discharge the powers and duties conferred by the applicable provisions of this title and any other applicable provisions of law and to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of the inhabitants of the municipality, and may enforce obedience to such ordinances.
(Code 1907, §1251; Code 1923, §1992; Code 1940, T. 37, §455; Acts 1971, No. 2279, p. 3670, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-1.1 - Subject Matter of Handguns Reserved to State Legislature; Power of Municipality to Adopt Certain Ordinances; Concurrent Jurisdiction of Municipal Courts With District Courts.

Section 11-45-1.1
Subject matter of handguns reserved to State Legislature; power of municipality to adopt certain ordinances; concurrent jurisdiction of municipal courts with district courts.
Repealed by Act 2013-283, §9, effective August 1, 2013.
(Acts 1982, No. 82-442, p. 694, §1; Acts 1994, No. 94-635, p. 1195, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-2 - Style of Ordinances; Procedure for Adoption of Ordinances or Resolutions Generally; Manner of Awarding Contracts on Bids.

Section 11-45-2
Style of ordinances; procedure for adoption of ordinances or resolutions generally; manner of awarding contracts on bids.
(a) The style of an ordinance of a city or town shall be, "Be it ordained by the city (or town) council of _______ as follows:" inserting the name of the city or town as the case may be.
(b) No ordinance or resolution intended to be of permanent operation shall be adopted by the council at the same meeting at which it is introduced, unless unanimous consent of those present is given for the immediate consideration of such ordinance or resolution, such consent to be shown by a vote taken by yeas and nays, and the names of the members voting shall be entered upon the minutes, and no ordinance or resolution intended to be of permanent operation shall become a law unless on its final passage a majority of the members elected to said council in cities of over 12,000 inhabitants shall vote in its favor. In all towns and in cities of less than 12,000 population an affirmative vote of a majority of the whole number of members of the council to which the corporation is entitled, including the mayor, shall be required to enact any ordinance or resolution intended to be of permanent operation.
(c) The council shall award no contract on bids except by resolution.
(Code 1907, §1252; Acts 1909, No. 200, p. 197; Code 1923, §1993; Code 1940, T. 37, §456; Acts 1961, No. 666, p. 910, §5; Acts 1991, No. 91-590, p. 1092, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-3 - Transmittal of Ordinances or Resolutions to Mayor for Consideration; Approval by Mayor and Publication by Clerk; Recall of Ordinances or Resolutions From Mayor.

Section 11-45-3
Transmittal of ordinances or resolutions to mayor for consideration; approval by mayor and publication by clerk; recall of ordinances or resolutions from mayor.
In cities having a population of 12,000 or more, all resolutions or ordinances intended to be of permanent operation, after having been passed by the council, shall be transmitted by the clerk, within 48 hours after their passage, to the mayor or acting mayor for his consideration, who, if he shall approve thereof, shall sign and return the same to the clerk, who shall publish them, and such ordinances and resolutions shall thereupon have the force of law; provided, that the council may provide that they shall be effective from approval.
An ordinance or resolution may be recalled from the mayor at any time before it has become a law or has been acted on by him by a resolution adopted by a majority of the members elected to the council in regular or special session.
(Code 1907, §1185; Code 1923, §1901; Code 1940, T. 37, §457; Acts 1961, No. 666, p. 910, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-4 - Veto of Ordinances and Resolutions, and Passage Over Veto Generally.

Section 11-45-4
Veto of ordinances and resolutions, and passage over veto generally.
(a) Except as provided in subsection (b), if the mayor shall disapprove of any ordinance or resolution transmitted to him or her as provided in Section 11-45-3, within 10 days of the time of its passage by the council, he or she shall return the same to the clerk with his or her objections in writing, and the clerk shall make report thereof to the next regular meeting of the city council. If two thirds of the members elected to the council shall adhere to the ordinance or resolution notwithstanding the objections, the vote being taken by yeas and nays and spread upon the minutes, then the ordinance or resolution, after publication thereof, shall have the force of law, unless by its terms it was to take effect on its approval, in which event it shall take effect upon its passage over the veto. The failure of the mayor to return to the clerk an ordinance or resolution with his or her veto within 10 days after its passage by the council shall operate and have the same effect as an approval of the same, and the clerk shall publish the same as is provided in subsection (b) of Section 11-45-8 for the publication of laws and ordinances of the city.
(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council.
(Code 1907, §1186; Code 1923, §1902; Code 1940, T. 37, §458; Act 2018-281, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-5 - Veto, Passage Over Veto, etc., of Ordinances and Resolutions Fixing Salaries of Officers and Employees.

Section 11-45-5
Veto, passage over veto, etc., of ordinances and resolutions fixing salaries of officers and employees.
(a) Except as provided in subsection (b), every ordinance and resolution fixing the salaries of employees and officers of the city shall be submitted to the mayor as other ordinances and resolutions are to be submitted and may be approved in part and vetoed as to specific items, to be mentioned by the mayor in his or her veto message, in which case there shall first be submitted to the council at its next regular meeting the question: "Shall the ordinance pass, the veto of the mayor notwithstanding?" and, in the event that two-thirds of the members elected to the council do not vote for the passage of the ordinance, the veto notwithstanding, there shall then be submitted the question: "Shall the ordinance stand as approved by the mayor?" and if a majority of those elected to the council vote in the affirmative, the law as amended and approved by the mayor shall have the force and effect of law as in other cases; otherwise, the salary ordinance shall be defeated.
(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council.
(Code 1907, §1187; Code 1923, §1903; Code 1940, T. 37, §459; Act 2018-281, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-6 - Amendment of Ordinances.

Section 11-45-6
Amendment of ordinances.
No ordinance shall be amended after its passage by providing that designated words be stricken out or that designated words be inserted or that designated words be stricken out and other words inserted in lieu thereof, unless the ordinance or section or subdivision thereof amended shall be set forth in full as amended.
(Code 1907, §1253; Code 1923, §1994; Code 1940, T. 37, §460.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-7 - Codification of Ordinances; Adoption of Code by Ordinance.

Section 11-45-7
Codification of ordinances; adoption of code by ordinance.
The council may provide at any time it may deem proper for the revision and codification of its ordinances or for the adoption of a code by ordinance.
(Code 1907, §1254; Acts 1909, No. 200, p. 197; Code 1923, §1995; Code 1940, T. 37, §461.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-9 - Penalties Which May Be Imposed for Violations of Ordinances.

Section 11-45-9
Penalties which may be imposed for violations of ordinances.
(a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such penalties for violation of ordinances.
(b) Except as otherwise provided in this section, no fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor shall exceed six months.
(c) In the enforcement of the penalties prescribed in Section 32-5A-191, the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment or hard labor shall not exceed one year.
(d) Notwithstanding any other provision of law, the maximum fine for every person either convicted for violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000):
(1) Criminal mischief in the second degree, Section 13A-7-22.
(2) Criminal mischief in the third degree, Section 13A-7-23.
(3) Theft of property in the third degree, Section 13A-8-5.
(4) Theft of lost property in the third degree, Section 13A-8-9.
(5) Theft of services in the third degree, Section 13A-8-10.3.
(6) Receiving stolen property in the third degree, Section 13A-8-19.
(7) Tampering with availability of gas, electricity, or water, Section 13A-8-23.
(8) Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property, Section 13A-8-71 and Section 13A-8-72.
(9) Offenses against intellectual property, Section 13A-8-102.
(10) Theft by fraudulent leasing or rental, Section 13A-8-140 through Section 13A-8-144.
(11) Charitable fraud in the third degree, Section 13A-9-75.
(12) Illegal possession of food stamps in the third degree, Section 13A-9-91.
(e) The penalty imposed upon a corporation shall consist of the fine only, plus costs of court.
(f) In the enforcement of a Class A misdemeanor, including a domestic violence offense, the fine may not exceed five thousand dollars ($5,000) and the sentence of imprisonment may not exceed one year.
(Acts 1975, No. 1205, p. 2384, §8-104; Acts 1983, No. 83-620, p. 959, §1; Act 2011-680, p. 2004, §1; Act 2015-493, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-10 - Procedure for Adoption or Repeal of Canine Leash Ordinance in Class 5 Municipalities.

Section 11-45-10
Procedure for adoption or repeal of canine leash ordinance in Class 5 municipalities.
(a) The provisions of this section shall apply to all Class 5 municipalities of this state, as such class is designated by act of the legislature.
(b) The municipal governing bodies are hereby authorized by resolution to call for referendum elections, which shall be held only upon the dates of regularly scheduled municipal elections, to either call for the adoption of a canine leash ordinance, or to call for the repeal of any existing canine leash ordinance.
(c) The question to be presented at any such election shall be substantially as follows:
"Do you favor the adoption (repeal) of a canine leash ordinance by the municipal governing body? Yes ___. No ___."
If a majority of the qualified electors of the municipality vote "Yes," the appropriate action shall be taken by the municipal governing body within 90 days following any such election. If a majority vote "No," no action shall be taken.
(Acts 1983, No. 83-423, p. 603.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 45 - Ordinances and Resolutions. › Section 11-45-11 - Judicial Notice of Ordinances of Class 1 or Class 2 Municipalities.

Section 11-45-11
Judicial notice of ordinances of Class 1 or Class 2 municipalities.
All courts of the State of Alabama shall take judicial notice of all municipal ordinances of each Class 1 or Class 2 municipality.
(Acts 1987, No. 87-645, p. 1150; Acts 1987, No. 87-780, p. 1532; Act 2021-501, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-1 - Municipalities May Provide for Election, Compensation, Bond, etc., of Officers.

Section 11-46-1
Municipalities may provide for election, compensation, bond, etc., of officers.
Cities and towns may, except as otherwise provided by law, by ordinance provide for the election at any regular municipal election or for the appointment of such officers as are deemed needful or proper for the good government of the city or town and the due exercise of its corporate powers, fix their terms of office, fix their compensation and prescribe the duties of such officers, their liabilities and powers and require them to give bond in such sum and to be conditioned and approved as the council may prescribe.
(Code 1907, §1171; Code 1923, §1887; Code 1940, T. 37, §34.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-2 - Establishment of Qualification Fee for Candidates for Office.

Section 11-46-2
Establishment of qualification fee for candidates for office.
The governing body of all municipal corporations of this state may, by ordinance, establish and fix a qualification fee to be imposed upon all candidates seeking election in municipal elections conducted under the provisions of Sections 11-46-20 through 11-46-25, 11-46-27 through 11-46-73, as amended, and of Sections 11-46-90 through 11-46-96, 11-46-98 through 11-46-144, as amended. Such fee, if established as provided for in this section, shall in no event be less than $10.00 and shall not exceed $50.00 for any office for which a candidate qualifies for election. The ordinance establishing and fixing such qualification fee shall be adopted by the governing body at least five days prior to the first day upon which a candidate seeking election in a municipal election may qualify for the office to be filled at the municipal election.
(Acts 1969, No. 1109, p. 2045.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-3 - Primary Elections by Political Parties and Partisan Elections Abolished in Municipalities Having 300,000 Inhabitants or Less.

Section 11-46-3
Primary elections by political parties and partisan elections abolished in municipalities having 300,000 inhabitants or less.
Primary elections of political parties are hereby abolished in cities and towns of this state which have a population of 300,000 inhabitants or less, according to the latest federal decennial census, and election of the members of the municipal governing body of said cities and towns shall be by and on a nonpartisan ballot in all elections held for the purpose of electing members of the governing body.
(Acts 1971, No. 2234, p. 3592.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-4 - Identification of Electors Eligible to Vote; Municipality, County Contracts; Official Poll List.

Section 11-46-4
Identification of electors eligible to vote; municipality, county contracts; official poll list.
(a) The incorporated municipalities of this state are hereby authorized to enter into contracts with the counties of this state and their boards of registrars to conduct an identification program of electors eligible to vote in municipal elections. The said municipalities are authorized to expend public funds in payment of services rendered by such counties and boards of registrars in such identification program. Such contracts shall be authorized by appropriate resolution of the governing body of the municipality. It shall be the duty of the various boards of registrars to conduct an identification program of electors residing in the municipality and eligible to vote in municipal elections upon adoption of an appropriate resolution of the governing body of the municipality and upon approval of a contract between the municipality and the county and its board of registrars. The county and its board of registrars shall not unreasonably withhold approval of a contract with any municipality for such purposes nor shall such county or its board unreasonably delay acceptance of such contract; it being the intention of the legislature that the said county and its board shall cooperate fully with the municipalities which adopt the said appropriate resolution and attempt in good faith to contract with such municipality. Any such program contracted for shall be completed at least 180 days prior to any municipal election held within a municipality to elect officers of the municipality. It is the intention of the legislature that any such contracts, as herein authorized, be detailed and sufficiently complete so that any elector may look to it for all requirements of the program of identification. It is likewise the intention of the legislature that after the identification program is completed that the list of electors established may be used as the official poll list for the immediately ensuing municipal election held within a municipality to elect officers of the municipality and the mayor of the municipality is authorized to certify such poll list as the official poll list of the municipality.
(b) All moneys paid as consideration for such contracts shall be deposited in the general fund of the county.
(Acts 1979, No. 79-630, p. 1112.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-5 - Date of Elections in Certain Municipalities.

Section 11-46-5
Date of elections in certain municipalities.
The governing body of a municipality having a general municipal election or runoff election required by general or local act at a time different from the dates now or hereafter provided by Article 2, Chapter 46 of Title 11, may elect by ordinance to have the election at the same time required by Article 2 and the election made by ordinance shall not have the effect of changing the beginning of a term of office or the time for taking office.
(Acts 1980, No. 80-243, p. 320; Acts 1993, No. 93-760, p. 1514, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-6 - Date of Elections in Certain Class 5 Municipalities.

Section 11-46-6
Date of elections in certain Class 5 municipalities.
(a) The provisions of this section shall apply to all Class 5 cities, according to Section 11-40-12.
(b) Any Class 5 city may hold its city election on the second Tuesday in July, 1980, and the runoff election four weeks after that second Tuesday, with the city election every three years thereafter to be held at the same appointed time, upon adoption of a resolution by the city governing body.
(c) The provisions of this section are cumulative and shall not be construed to repeal or supersede any laws or parts of laws not directly inconsistent herewith.
(Acts 1980, No. 80-363, p. 483; Act 2021-157, §1; Act 2021-164, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-7 - Polling Places for Municipal Elections in Class 1 Municipalities.

Section 11-46-7
Polling places for municipal elections in Class 1 municipalities.
(a) Notwithstanding any provision of law to the contrary, except for those citizens of Birmingham that reside in Shelby County and those citizens of Birmingham that vote in the general election outside the Birmingham city limits, the polling places for municipal elections in any Class 1 municipality shall be the same as the polling places for general elections.
(b) The polling places in which the Class 1 municipal election are held shall be in compliance with the requirements of the U.S. Department of Justice for compliance with the Americans with Disabilities Act, shall submit all required information to the U.S. Department of Justice for pre-clearance to hold the election in time to receive the appropriate approval and conduct the election at the time specified by law, and shall provide all notification to the voters of Birmingham regarding their assigned voting locations and any special procedures to be implemented to accommodate ballots for any city council district within the same polling place.
(Act 2008-416, p. 817, §§1, 2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-8 - Election of Mayor and Members of City Council in Class 1 Municipalities.

Section 11-46-8
Election of mayor and members of city council in Class 1 municipalities.
(a) This section shall only apply in a Class 1 municipality.
(b) Commencing with the municipal election in 2011, the mayor shall be elected for a two-year term of office. Commencing with the municipal election in 2013, and thereafter, the mayor and the members of the city council shall be elected at the same election for a four-year term of office.
(Act 2010-721, p. 1797, §§1, 2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 1 - General Provisions. › Section 11-46-9 - Election Commission in Class 1 Municipality.

Section 11-46-9
Election commission in Class 1 municipality.
In any Class 1 municipality, the mayor, the city attorney, and the president of the city council shall constitute an election commission for the city. Notwithstanding the foregoing, if either the mayor or the president of the council is a candidate for office, the mayor shall appoint a member of the city council who is not a candidate for office to serve on the election commission for the election in which the mayor or the president is a candidate. In the event that both the mayor and the president of the council are candidates for office at the same election, the mayor shall appoint two members of the council who are not candidates for office to serve on the election commission in place of the mayor and the president. If the mayor and all members of the council are candidates for office at the same election, the mayor shall designate a senior member of his or her staff and the council president shall designate a senior member of the council administrative staff to serve in place of the mayor and the president.
The election commission shall have charge of and hold all municipal elections, including bond elections, initiative, referendum, and recall elections. The election commission shall appoint all election managers, clerks, and returning officers, designate places for the holding of municipal elections, shall arrange and prepare the ballot, shall decide as to the validity of all petitions necessary or incidental to elections, make such laws and rules as may be necessary to prohibit illegal voting, shall canvass the vote and declare the results of elections, and shall be custodian of the ballots after election until the time of filing contest shall have passed, after which they shall destroy the ballots in accordance with state election law. It shall be the duty of the commission to give notice of elections as required by law and to do and perform all acts relating to municipal elections, which are now or which may hereafter be vested by law in the governing body of the city. Two members of the commission shall constitute a quorum and may exercise the powers and duties herein mentioned. The city clerk or secretary of the city commission shall act as secretary of the commission. The expenses of elections shall be paid out of the city treasury.
(Act 2012-222, p. 407, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-20 - Cities and Towns Governed by Article; Costs of Elections; Standard of Time Applicable; Effect of Legal Holidays or Closing Days.

Section 11-46-20
Cities and towns governed by article; costs of elections; standard of time applicable; effect of legal holidays or closing days.
(a) General and special elections in cities and towns of this state, in all municipalities except Class 1 municipalities and except cities and towns organized under a commission form of government, shall be held and conducted at the times and in the manner prescribed in this article, and the expenses and costs incident to the conduct of all such elections shall be paid out of the treasury of the city or town holding the election.
(b) Whenever in this article an hour of the day is prescribed for the doing of any act, the time used shall be that of the official time established by the law of the State of Alabama then in effect.
(c) Whenever the last day on which an act may be done pursuant to this article falls on a legal holiday, as defined in Section 1-3-8, or on a day on which the office in which the act must be done is authorized by law to be closed, such act may be done on the next succeeding secular or working day.
(Acts 1961, No. 663, p. 827, §1; Acts 1964, 1st Ex. Sess., No. 219, p. 306; Acts 1976, No. 358, p. 403, §1; Acts 1982, No. 82-458, p. 711, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-21 - Time of Elections; Notice; Assumption of Duties by Elected Officers.

Section 11-46-21
Time of elections; notice; assumption of duties by elected officers.
(a) The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 2025, and quadrennially thereafter, and, when necessary as provided in subsection (d) of Section 11-46-55, a second or runoff election shall be held on the fourth Tuesday following the regular election.
(b) Special elections shall be held on the second or fourth Tuesday of any month when ordered by the municipal governing body; provided, that notice of the election shall be published in the manner prescribed in Section 11-46-22 on or before the corresponding Tuesday of the second month preceding the month in which the special election is to be held.
(c) Municipal officers elected at regular elections shall assume the duties of their respective offices on the first Monday in November following their election unless otherwise provided in this article and shall serve until their successors are elected and qualified.
(d) This section shall not apply to any municipal election required by general or local act at a time different from the dates provided for in this section.
(Acts 1961, No. 663, p. 827, §2; Acts 1971, No. 159, p. 434; Acts 1980, No. 80-94, p. 140, §1; Acts 1982, No. 82-458, p. 711, §2; Acts 1987, No. 87-581, p. 928, §1; Act 2006-354, p. 937, §2; Act 2021-157, §1; Act 2021-164, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-23 - Authority and Procedure for Adjustment of Boundary Lines of Wards, Division of Wards Into Voting Districts, Etc.

Section 11-46-23
Authority and procedure for adjustment of boundary lines of wards, division of wards into voting districts, etc.
The boundaries of wards within municipalities which have been divided into wards as now defined shall so remain until changed by ordinance. Hereafter the municipal governing body may, in its discretion, readjust the boundary lines of wards and may divide or consolidate any number of wards and resubdivide the same into voting districts; provided, that no such adjustment shall be made within three months of any election unless such adjustment is made during calendar year 1984 for the purpose of complying with the Voting Rights Act of 1965 as amended.
Whenever the municipal governing body readjusts any ward lines or divides a ward into voting districts, the ordinance whereby the ward is established or subdivided into voting districts shall describe the territory composing the ward, and when the ward has been subdivided, the territory composing each district therein, by metes and bounds, and the municipal clerk, within five days after adoption of the ordinance, shall file with the judge of probate of the county in which the municipality lies a certified copy of such ordinance, accompanied by a map or plat of the city or town showing the bounderies of all wards and voting districts in wards into which the municipality is then divided and shall also publish notice of all such changes or adjustments of boundaries of wards and voting districts within wards in a newspaper published in such city or town, or if there is no newspaper is published therein then by posting notice thereof at three public places in such city or town. This published notice need not be accompanied by a map or plat of the city or town.
(Acts 1961, No. 633, p. 827, §4; Acts 1984, 1st Ex. Sess., No. 84-703, p. 32.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-24.1 - Designation of Voting Places in Class 8 Municipalities by Combination of Districts and Wards.

Section 11-46-24.1
Designation of voting places in Class 8 municipalities by combination of districts and wards.
Notwithstanding the provisions of subsection (a) of Section 11-46-24, the municipal governing body of a Class 8 municipality, for the purpose of designating voting places in a municipal election, may provide by ordinance for the combination of any district in a ward with any other district in the ward, and may provide for the combination of any ward with one or more wards. Voting places shall be designated by the municipal governing body when it orders an election in the same manner as provided in Chapter 46.
(Act 2004-361, p. 590, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-26 - Proceedings Where Only One Candidate or Nominee for Office.

Section 11-46-26
Proceedings where only one candidate or nominee for office.
In the event only one individual has filed a statement of candidacy for an office by 5:00 P.M. on the fourth Tuesday in June preceding the date set for an election of municipal officers pursuant to subsection (g) of Section 11-46-25, then that individual shall for all purposes be deemed elected to office, any provisions of this article to the contrary notwithstanding. The mayor or other chief executive officer shall not cause the name of that individual so elected or the office for which his or her candidacy was declared to be printed on the ballot, but shall immediately file a written statement with the governing body of the municipality, attested by the clerk, certifying the fact that only one individual filed a statement of candidacy for the office of _____ (naming the office) by 5:00 P.M. on the fourth Tuesday in June preceding the day of _____, 2__, the date set for an election of municipal officers in the City (Town) of _____, Alabama, and setting forth the name of the individual. At its first regular meeting after receiving the mayor or other chief executive officer's statement the governing body of the municipality shall adopt a resolution declaring the individual named in the statement duly elected to the office described in the statement and shall issue a certificate of election for the individual. Certificates of election shall be filed as provided in Section 11-46-55(d). For the purpose of this article, each place on the council of a municipality organized under the mayor-council form of government shall be considered a separate office.
(Acts 1965, No. 404, p. 582; Acts 1976, No. 358, p. 403, §5; Acts 1980, No. 80-94, p. 140, §4; Acts 1987, No. 87-581, p. 928, §5; Act 2021-157, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-29 - Appointment of Election Officers Upon Failure of Others to Attend Polls.

Section 11-46-29
Appointment of election officers upon failure of others to attend polls.
On the failure of any person who has been duly appointed an election officer to attend the polls at the hour prescribed for his attendance, such of the election officers appointed for that voting box or machine as are present may appoint such election officers as are needed to complete the number of election officials for the box or machine. All persons so appointed shall be qualified electors who are entitled to vote at that polling place.
Should all the appointed election officers fail to be present at a polling place by the hour prescribed on election day, then any three qualified electors who are entitled by law to vote at that polling place at the election then to be held may open the polls, act as three of the election officers for such box or machine and appoint such other officers as are required to fill the place of those absent; provided, that every person so appointed shall be a qualified elector entitled to vote at the polling place.
(Acts 1961, No. 663, p. 827, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-30 - Schools for Instruction of Election Officials in Use of Voting Machines; Qualifications and Certification of Election Officials.

Section 11-46-30
Schools for instruction of election officials in use of voting machines; qualifications and certification of election officials.
(a) When voting machines are to be used in any municipal election, the municipal governing body shall provide for holding a school or schools of instruction for those who will actually conduct the election. The municipal clerk shall notify those persons who have been appointed election officials of the time and place of the holding of such school of instruction and shall also publish notice thereof at least 48 hours before the same is to be held.
(b) No election official shall serve in any election district in which a voting machine is used, unless he has received such instruction, is fully qualified to perform the duties in connection with the machine and has received a certificate to that effect from the authorized instructor; provided, that this requirement shall not prevent the appointment of an uninstructed person as an election official to fill a vacancy among the election officials.
(Acts 1961, No. 663, p. 827, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 46 - Elections. › Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government. › Section 11-46-31 - Exhibition of Voting Machines for Voter Instruction and Information; Diagrams Furnished With Voting Machines.

Section 11-46-31
Exhibition of voting machines for voter instruction and information; diagrams furnished with voting machines.
During the 30 days next preceding an election at which voting machines will be used, the municipal governing body shall place on public exhibition in public places and at times as it may deem most suitable for the information and instruction of the voters one or more voting machines, containing the ballot labels and showing the offices and questions to be voted upon and, so far as practicable, the names and arrangements of the candidates for office. The machines will be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in an election shall be used for public exhibition and instruction after having been prepared and sealed for the election. This requirement shall not apply in any municipality which will use a vote tabulator that requires voters to fill out a card or paper ballot that will be read by the tabulator. In these municipalities, the municipal governing body shall, at least 30 days prior to the municipal election, place a sample of the ballot or vote card that will be used in the election on public exhibition in public places and at the times it deems most suitable for the information and instruction of the voters.
Prior to any election the municipal governing body may cause copies of any diagram or diagrams required to be furnished with voting machines at polling places to be made, either in full size or reduced size, and to be posted, published, advertised, or distributed among the electors in a manner as they may deem desirable.
(Acts 1961, No. 663, p. 827, §11; Acts 1976, No. 358, p. 430, §8; Act 2003-400, §1.)