reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-3 - Authority and Procedure for Incorporation.

Section 11-15-3
Authority and procedure for incorporation.
Whenever any number of natural persons, not less than three, shall file with the governing body an application in writing for authority to incorporate a public corporation under the provisions of this chapter, if it shall be made to appear to the governing body that each of the said persons is a duly qualified elector of and property owner in the county and if the governing body shall duly adopt a resolution wherein it shall be declared that it will be wise, expedient and necessary that such a corporation be formed and that the persons filing such application shall be authorized to proceed to form such corporation, then the said persons shall become the incorporators of and shall proceed to incorporate the corporation in the manner provided in this chapter. No corporation shall be formed under this chapter unless the application herein provided for shall be made and unless the resolution provided for in this section shall be adopted.
(Acts 1951, No. 682, p. 1172, §3.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-4 - Certificate of Incorporation - Contents; Approval.

Section 11-15-4
Certificate of incorporation - Contents; approval.
The certificate of incorporation of the corporation shall state:
(1) The names of the persons forming the corporation together with the residence of each thereof and a statement that each of them is a duly qualified elector of and property owner in the county;
(2) The name of the corporation;
(3) The location of its principal office, which shall be in the county seat of the county;
(4) The number of directors (which shall be three or a multiple of three); and
(5) Any other matters relating to the corporation which the incorporators may choose to insert and which shall not be inconsistent with this chapter or with the laws of the state.
The name designated for the corporation in the certificate of incorporation shall be one indicating the purpose thereof, such as "_______ County Public Building Authority" (the name of the county to be filled in the blank space) or some other name of similar import. The form and contents of the certificate of incorporation must be submitted to the governing body for its approval, which shall be evidenced by a resolution or order duly entered upon the minutes of the governing body. The certificate of incorporation shall be signed and acknowledged by the incorporators before an officer authorized by the laws of the state to take acknowledgment of deeds, and the certificate of incorporation shall have attached thereto a certified copy of the resolution provided for in this section and a certificate by the Secretary of State of Alabama that the name proposed for the corporation is not identical with that of any other corporation in the state or so nearly similar thereto as to lead to confusion and uncertainty.
(Acts 1951, No. 682, p. 1172, §4.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-5 - Certificate of Incorporation - Recordation.

Section 11-15-5
Certificate of incorporation - Recordation.
The certificate of incorporation with the documents attached shall be filed with the judge of probate of the county who shall forthwith receive and record the same. When so filed the corporation referred to therein shall come into existence and shall constitute a body corporate and politic and a political subdivision of the state under the name set forth in the certificate of incorporation; whereupon the corporation shall be vested with the rights and powers granted by this chapter.
(Acts 1951, No. 682, p. 1172, §5.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-6 - Directors and Officers; Records of Proceedings.

Section 11-15-6
Directors and officers; records of proceedings.
The corporation shall have a board of directors which shall be composed of the number of directors provided in the certificate of incorporation. All powers of the corporation shall be exercised by the board or pursuant to its authority. The directors shall be residents of the county and shall be elected by the governing body for staggered terms of office as follows: The first term of one third of the directors shall be two years, of another one third shall be for four years and of the remaining one third shall be six years and, thereafter, the term of office of each director shall be six years. If any director resigns or dies or becomes incapable of acting as a director or ceases to reside in the county, the governing body may elect a successor to serve for the unexpired period of his term. Directors shall be eligible for reelection by the governing body to succeed themselves in office. No director shall be an officer of the state, the county or any incorporated municipality. A majority of the members of the board shall constitute a quorum for the transaction of business. The corporation shall have a president, a vice-president, a secretary and a treasurer, but the offices of secretary and treasurer may be held by the same person. All officers shall be elected by the board. The members of the board and the officers shall serve without compensation, except that they may be reimbursed for actual expenses incurred in the performance of their duties. All proceedings of the board shall be reduced to writing by the secretary of the corporation and recorded in a well-bound book. Copies of such proceedings, when certified by the secretary of the corporation under its seal, shall be received in all courts as evidence of the matters and things therein certified.
(Acts 1951, No. 682, p. 1172, §6.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-7 - Powers Generally.

Section 11-15-7
Powers generally.
The corporation shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name until dissolved as provided in this chapter;
(2) To sue and be sued and to prosecute and defend civil actions in any court having jurisdiction of the subject matter and of the parties;
(3) To make use of a corporate seal and to alter the same at pleasure;
(4) To acquire, whether by purchase, gift, lease, devise or otherwise, property of every description and to hold title thereto;
(5) To construct, enlarge, equip, improve, maintain and operate one or more projects;
(6) To sell and issue and do all things incidental to the sale and issuance of its interest-bearing revenue warrants and to secure the same by pledge and mortgage as provided in this chapter;
(7) To appoint and employ such agents, architects and attorneys as the business of the corporation may require;
(8) To provide for such insurance as the board may deem advisable;
(9) To invest in obligations which are direct general obligations of the United States of America or which are unconditionally guaranteed as to both principal and interest by the United States of America any funds of the corporation which the board may determine are not presently needed for the corporate purposes of the corporation;
(10) To contract, lease and make lease agreements respecting its properties or any thereof; and
(11) To sell and convey any of its properties which may have become obsolete or worn out or which may no longer be needed or useful in connection with or in the operation of any project; provided, that it shall not have the power to sell or convey any project substantially as a whole except as provided in this chapter.
(Acts 1951, No. 682, p. 1172, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-8 - Leasing of Projects to Counties.

Section 11-15-8
Leasing of projects to counties.
The corporation and the county are hereby respectively authorized to enter into with each other one or more lease agreements whereunder a project shall be leased by the corporation to the county for a term not longer than the then current fiscal year of the county, but any such lease agreement may contain a grant to the county of successive options of renewing the said lease agreement on the terms specified therein for any subsequent fiscal year or years of the county. The said lease agreement may contain appropriate provisions as to the method by which the county may, at its election, exercise such of the said options of renewal as its county commission may elect on the terms provided therein and such other covenants and provisions as shall not be inconsistent with this chapter and as the corporation and the county may agree. The rental for each fiscal year during which said lease agreement shall be in effect shall be due in advance on the first day of the fiscal year, and the said rental for said fiscal year shall be payable and any such covenant on the part of the county shall be performed solely out of the current revenues of the county for such fiscal year. The state shall not in any manner be liable for the performance of any obligation or agreement contained in said lease agreement. The rental payable and the covenants to be performed by the county under the provisions of said lease agreement shall never create a debt of the county within the meaning of Section 224 of the Constitution of the state.
It is hereby declared that it is an essential governmental function of the county to secure and supply reasonable and adequate building and office facilities for its courts, jails, officers, departments and agencies engaged in the performance of governmental duties and the rentals payable by the county for such purpose are necessary governmental operating expenses of the county.
If there is any default in the payment of any rental required to be paid or in the performance of any covenant required to be performed by the county under the provisions of any such lease agreement while such lease agreement shall be in effect, the corporation and any pledgee of said lease agreement may, by any appropriate civil action instituted within the time permitted by law, enforce and compel payment of such rental and performance of such covenant. Should any office or storage space in the project become vacant after acquisition or construction thereof, then neither the county nor any officer, department or agency of the county shall thereafter enter into any lease or rental agreement for additional office or storage space or renew any existing lease or rental agreement for office or storage space in or about the municipality in which the project is located until after all such vacant space in the project shall have been filled.
(Acts 1951, No. 682, p. 1172, §8; Acts 1953, No. 181, p. 233, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-9 - Warrants - Authority for Issuance; Form, Terms, Denominations, Redemption, etc.; Sale.

Section 11-15-9
Warrants - Authority for issuance; form, terms, denominations, redemption, etc.; sale.
The corporation is authorized to issue its interest-bearing revenue warrants for the purpose of acquiring, constructing, improving, enlarging, completing and equipping one or more projects. All warrants issued by the corporation shall be limited obligations of the corporation, the principal of and interest on which shall be payable solely out of the revenues derived from the projects with respect to which they are issued. None of the warrants of the corporation shall ever constitute an obligation or debt of the state or of the county or a charge against the credit or taxing powers of the state or the county. Warrants of the corporation may be issued at any time and from time to time, may be in such form and denominations, may be of such tenor, may be payable in such installments and at such time or times not exceeding 30 years from their date, may be payable at such place or places and may bear interest at such rate or rates payable and evidenced in such manner, all as shall not be inconsistent with the provisions of this chapter and as may be provided in the proceedings of the board wherein the warrants shall be authorized to be issued. Those warrants having maturities more than 10 years after their date shall be subject to redemption at the option of the corporation as a whole or in part at the expiration of 10 years from their date and on any interest payment date thereafter at such price or prices and after such notice or notices and on such terms and in such manner as may be provided in the proceedings of the board wherein they are authorized to be issued. Warrants may be sold at either public or private sale in such manner and from time to time as may be determined by the board to be most advantageous. The corporation may pay all expenses, premiums and commissions which the board may deem necessary or advantageous in connection with the authorization, sale and issuance of its warrants. All warrants shall contain a recital that they are issued pursuant to the provisions of this chapter, which recital shall be conclusive that they have been duly authorized pursuant to the provisions of this chapter.
(Acts 1951, No. 682, p. 1172, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-10 - Warrants - Notice of Warrant Resolution; Actions to Question Proceedings for Issuance; Invalidate Warrants, Etc.

Section 11-15-10
Warrants - Notice of warrant resolution; actions to question proceedings for issuance; invalidate warrants, etc.
Upon the adoption by the board of any resolution providing for the issuance of warrants, the corporation may, in its discretion, cause to be published once a week for two consecutive weeks in a newspaper published and having general circulation in the county and, if there is no such newspaper published in the county, then in a newspaper having general circulation therein, a notice in substantially the following form (blanks being properly filled in):
"_____, a public corporation in _____ county and a political subdivision of the State of Alabama, on the_____ day of ______, authorized the issuance of $_____ principal amount of revenue warrants of the said corporation for purposes authorized in the act of the Legislature of Alabama under which the said corporation was organized. Any civil action or proceeding questioning the validity of the said warrants, or the pledge and the mortgage to secure the same or the proceedings authorizing the same must be commenced within 20 days after the first publication of this notice."
Any civil action or proceeding in any court to set aside or question the proceedings for the issuance of the warrants referred to in said notice or to contest the validity of any such warrants or the validity of the pledge and mortgage made therefor must be commenced within 20 days after the first publication of such notice. After the expiration of the said period, no right of action or defense founded upon the validity of the said proceedings or of the said warrants or the said pledge or mortgage shall be asserted, nor shall the validity of the said proceedings, warrants, pledge or mortgage be open to question in any court on any ground whatsoever except in a civil action commenced within such period.
(Acts 1951, No. 682, p. 1172, §16.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-11 - Warrants - Execution and Delivery.

Section 11-15-11
Warrants - Execution and delivery.
All warrants shall be signed by the president or vice-president of the corporation, and the seal of the corporation shall be affixed thereto and attested by its secretary. They shall be drawn on the treasurer or depository of the funds of the corporation. Coupons shall be signed by the president or vice-president of the corporation, but a facsimile of the signature of such president or vice-president may be impressed on any such interest coupons in lieu of his manually signing the same. Delivery of warrants so executed shall be valid notwithstanding any changes in officers or in the seal of the corporation after the signing and sealing of the warrants.
(Acts 1951, No. 682, p. 1172, §10.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-12 - Warrants - Security for Payment of Principal and Interest.

Section 11-15-12
Warrants - Security for payment of principal and interest.
The principal of and interest on the warrants shall be secured by a pledge of the revenues out of which the warrants shall be made payable, shall be secured by a mortgage covering the project from which the revenues so pledged shall be derived and shall be secured by a pledge of the lease agreement covering such project and of the rental therefrom.
The mortgage may contain any agreements and provisions customarily contained in instruments securing evidences of indebtedness, including, without limiting the generality of the foregoing, provisions respecting the collection and application of the rental from any project covered by such mortgage, the terms to be incorporated in the lease agreement respecting such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the rental of such project and the rights and remedies available in the event of default to the holders of the warrants or the trustee under the mortgage, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of this chapter; provided, that in making any such agreements or provisions the corporation shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom.
If there is any default by the corporation in the payment of the principal of or interest on the warrants or in any of the agreements on the part of the corporation which may properly be included in any mortgage securing the warrants, any holder of any of the warrants or any of the coupons or the trustee under any mortgage, if so authorized in such mortgage, may, either by civil action, mandamus or other proceedings enforce payment of such items and compel performance of all duties of the directors and officers of the corporation and shall be entitled as a matter of right and regardless of the sufficiency of any such security to the appointment of a receiver with all the powers of such receiver for the operation and maintenance of the project covered by such mortgage and the collection and application of rents therefrom; provided, that any such mortgage shall not be subject to foreclosure and shall not be construed so as to compel the sale of the project covered thereby or any part thereof in satisfaction of the warrants secured thereby. The mortgage may contain provisions regarding the rights and remedies of any trustee thereunder and the holders of the warrants and the coupons and may contain provisions restricting the individual rights of action of the holders of the warrants and coupons.
(Acts 1951, No. 682, p. 1172, §11.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-13 - Warrants - Disposition of Proceeds From Sale.

Section 11-15-13
Warrants - Disposition of proceeds from sale.
The proceeds derived from the sale of any warrants (other than refunding warrants) may be used only to pay the cost of acquiring, constructing, improving, enlarging and equipping a project or any part thereof as may be specified in the proceedings in which the warrants are authorized to be issued. Such cost shall be deemed to include the following: the cost of any land forming a part of the project; the cost of the labor, materials and supplies used in any such construction, improvement or enlargement, including architect's and engineer's fees and the cost of preparing contract documents and advertising for bids; the purchase price of and the cost of installing equipment for the project; the cost of landscaping the lands forming a part of the project and of constructing and installing roads, sidewalks, curbs, gutters, utilities and parking places in connection therewith; fees and expenses in connection with the authorization, sale and issuance of the warrants issued in connection with such project; and the interest on said warrants for a reasonable period prior to and during the time required for such construction and equipment. If any of the proceeds derived from the sale of said warrants remains undisbursed after completion of such work and payment of all of the said costs and expenses, such balance shall be used for retirement of warrants of the same issue.
(Acts 1951, No. 682, p. 1172, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-14 - Refunding Warrants.

Section 11-15-14
Refunding warrants.
All or any warrants issued by the corporation may from time to time thereafter be refunded by the issuance of refunding revenue warrants of the corporation, but the amount of any refunding warrants so issued shall not exceed the principal of the warrants refunded thereby together with any unpaid interest thereon and any premiums, commissions and expenses necessary to be paid in connection with such refunding. Any such refunding may be done regardless of whether the warrants to be refunded shall have then matured or shall thereafter mature and may be effected either by sale of the refunding warrants and the application of the proceeds thereof or by exchange of the refunding warrants for the warrants to be refunded thereby; provided, that the holders of any warrants so to be refunded shall not be compelled without their consent to surrender their warrants for payment or exchange prior to the date on which they may be redeemed by the corporation under their provisions. Any refunding warrants of the corporation shall be payable solely from the revenues out of which warrants to be refunded thereby were payable.
(Acts 1951, No. 682, p. 1172, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-15 - Investment of County Funds in Warrants.

Section 11-15-15
Investment of county funds in warrants.
The governing body is authorized in its discretion to invest in warrants of the corporation any idle or surplus money held in the county treasury not otherwise earmarked or pledged.
(Acts 1951, No. 682, p. 1172, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-16 - Conveyance of Property to Corporation by County.

Section 11-15-16
Conveyance of property to corporation by county.
The county is hereby authorized to convey to the corporation, with or without the payment of monetary consideration therefor, any property that may be owned by the county whether or not such property is necessary for the conduct of the public functions of the county; provided, that such conveyance shall be authorized by a resolution duly adopted by the governing body prior to the conveyance.
(Acts 1951, No. 682, p. 1172, §17; Acts 1953, No. 181, p. 233, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-17 - Projects, Income From Leases, Warrants, etc., Exempt From Taxation.

Section 11-15-17
Projects, income from leases, warrants, etc., exempt from taxation.
Each project and the income from all leases made with respect thereto, the warrants issued by the corporation and the income therefrom and all lease agreements and mortgages made pursuant to the provisions hereof shall be exempt from all taxation in the state.
(Acts 1951, No. 682, p. 1172, §14.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-18 - Dissolution.

Section 11-15-18
Dissolution.
At any time when the corporation does not have any warrants outstanding, the governing body may adopt a resolution, which shall be duly entered upon the minutes of the governing body, declaring that the corporation shall be dissolved. Upon the filing for record of a certified copy of said resolution in the office of the judge of probate of the county, the corporation shall thereupon stand dissolved, and, in the event it owned any property at the time of its dissolution, the title to all its property shall thereupon vest in the county. In the event the corporation shall at any time have outstanding warrants issued under this chapter payable out of the revenues from different projects, then, as and when the principal of and interest on all warrants payable from the revenues derived from any project shall have been paid in full, title to the project with respect to which the warrants so paid in full have been paid shall thereupon vest in the county, but such vesture of title in the county shall not affect the title of the corporation to any other project the revenues from which are pledged for the payment of any other warrants then outstanding. The formation and dissolution of one corporation under the provisions of this chapter shall not prevent the subsequent formation hereunder of other corporations in the same county.
(Acts 1951, No. 682, p. 1172, §18.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 15 - Public Building Authorities. › Section 11-15-19 - Construction of Chapter.

Section 11-15-19
Construction of chapter.
This chapter shall not be construed as a restriction or limitation upon any power, right or remedy which any county or any corporation now in existence or hereafter formed may have in the absence thereof and shall be construed as cumulative and independent thereof.
(Acts 1951, No. 682, p. 1172, §19.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-1 - Petition of Qualified Electors for Election to Change County Seat.

Section 11-16-1
Petition of qualified electors for election to change county seat.
A majority of the qualified electors of any county, except those counties that have built new courthouses in the past 20 years, may petition the Governor in writing, praying that an election be held in such county for the purpose of determining whether the county seat or site shall be removed from the city, town, or village where it is then located to another designated city, town, or village in such county.
(Code 1907, §175; Code 1923, §267; Code 1940, T. 12, §230.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-2 - Commissioners - Qualifications and Appointment; Notice of Appointment.

Section 11-16-2
Commissioners - Qualifications and appointment; notice of appointment.
The Governor shall, within 30 days after the filing of the petition with him, appoint three commissioners for such election who shall be qualified electors of such county and shall not hold any state or county office, and, thereupon, the Governor shall cause them to be notified of their appointment.
(Code 1907, §176; Code 1923, §268; Code 1940, T. 12, §231.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-3 - Commissioners - Designation; Chairman.

Section 11-16-3
Commissioners - Designation; chairman.
The persons so appointed shall be known as the board of commissioners of county seat election, and the Governor shall designate one of them as the chairman of such board.
(Code 1907, §177; Code 1923, §269; Code 1940, T. 12, §232.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-4 - Commissioners - Oath.

Section 11-16-4
Commissioners - Oath.
Each of the persons appointed must, within 15 days after his appointment, take and file in the office of the Secretary of State an oath to support the Constitution of the United States and the Constitution of Alabama and to honestly, faithfully, and impartially perform the duties required of him as commissioner of county seat election.
(Code 1907, §178; Code 1923, §270; Code 1940, T. 12, §233.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-5 - Commissioners - Commission.

Section 11-16-5
Commissioners - Commission.
A commission shall issue in the usual form, accompanied by a copy of said petition certified to by the Secretary of State, on the payment of the usual fees therefor for the use of the state. The Secretary of State shall file and record said petition in his office.
(Code 1907, §179; Code 1923, §271; Code 1940, T. 12, §234.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-6 - Commissioners - Vacancies.

Section 11-16-6
Commissioners - Vacancies.
If any person appointed commissioner shall fail or refuse to qualify or if any vacancy shall occur in the membership of said board at any time during its existence, the Governor shall fill such vacancy, and the appointee shall qualify as provided in Sections 11-16-2 and 11-16-4.
(Code 1907, §180; Code 1923, §272; Code 1940, T. 12, §235.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-7 - Commissioners - Removal.

Section 11-16-7
Commissioners - Removal.
If at any time it shall be made to appear to the governor that any commissioner has willfully neglected to discharge in good faith any duty resting upon him under the provisions of this chapter or is physically unable or otherwise incompetent to properly perform such duties or is seeking in any manner to prevent or defeat a full and fair expression of the wishes of the qualified electors of the county on the question of such removal of the county seat, the governor must remove such commissioner and appoint another in his stead, who shall qualify as provided in sections 11-16-2 and 11-16-4.
(Code 1907, §181; Code 1923, §273; Code 1940, T. 12, §236.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-8 - Order Establishing Date for Election - Issuance.

Section 11-16-8
Order establishing date for election - Issuance.
Within 30 days after their appointment and qualification, said board of commissioners shall, in writing, order and fix the time for the holding of an election in the several precincts or wards of the county, which date for holding such election shall not be less than 60 days nor more than 120 days from the time of making said order.
(Code 1907, §182; Code 1923, §274; Code 1940, T. 12, §237.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-9 - Order Establishing Date for Election - Form.

Section 11-16-9
Order establishing date for election - Form.
The order may be substantially as follows:
Order for county seat election. The State of Alabama, _____ County. A majority of the qualified electors of this county having petitioned the Governor praying that an election be held in this county on the question of removing the county seat from _____ to _____, in this county; and the Governor having appointed the undersigned as the board of commissioners of county seat election, as provided by law: It is hereby ordered that an election be held at the usual voting places in this county, by the qualified electors thereof, on Tuesday, the _____ day of _____, 2__, between the hours of 9:00 A.M. and 5:00 P.M., on the question of such removal, at which election the elector who desires that the county site shall remain at _____ shall have written or printed on his ballot the words: "Against removal"; and the elector who desires that the county seat shall be removed to _____ shall have written or printed on his ballot the words: "For removal to _____. "Done this, the _____ day of _____, 2____. (Signed _____, the board of commissioners of county seat election.)
(Code 1907, §184; Code 1923, §276; Code 1940, T. 12, §239.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-10 - Notice of Election.

Section 11-16-10
Notice of election.
Said commissioners shall give notice of the date established for holding the election by publishing a copy of said order for four consecutive weeks in a newspaper published in the county or, if there be no newspaper published in the county, by posting a copy of said order at the courthouse and at five other public places in the county, such publication to begin or such notices to be posted within 15 days from the time of making said order.
(Code 1907, §183; Code 1923, §275; Code 1940, T. 12, §238.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-11 - Inspectors, Clerks, and Returning Officers - Appointment.

Section 11-16-11
Inspectors, clerks, and returning officers - Appointment.
Between 10 and 30 days prior to the day appointed for such election the said board of commissioners shall appoint three inspectors, two clerks, and one returning officer to hold and conduct said election for each of the voting places in the county. One of said inspectors and one of said clerks for each voting place shall be appointed as recommended for that purpose by qualified electors favoring such removal and one of said inspectors and one of said clerks for each voting place shall be appointed as recommended for that purpose by qualified electors opposing removal and the third inspector and returning officers for each voting place shall be selected by the board of commissioners. If there shall be a bona fide organization of electors favoring such removal or such organization opposing such removal, one or both, the chairman or head of such organization shall have the superior right to thus recommend persons for appointment as inspector and clerk as provided in this section and the persons recommended by each chairman, respectively, or by either of them, must be appointed. Each side shall have full and fair representation in the conduct of said election.
(Code 1907, §185; Code 1923, §277; Code 1940, T. 12, §240.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-12 - Inspectors, Clerks, and Returning Officers - Notice of Appointment.

Section 11-16-12
Inspectors, clerks, and returning officers - Notice of appointment.
Said board of commissioners shall notify or cause to be notified the persons so appointed as inspectors, clerks, and returning officers for each voting place in the county prior to the day appointed for the election.
(Code 1907, §186; Code 1923, §278; Code 1940, T. 12, §241.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-13 - Inspectors, Clerks, and Returning Officers - Oath.

Section 11-16-13
Inspectors, clerks, and returning officers - Oath.
Before entering upon their duties, the inspectors, clerks, and returning officers must take an oath to perform their duties pertaining to said election honestly, faithfully, and impartially and according to law, which oath may be administered by any officer authorized by law to administer oaths or by any one of the inspectors.
(Code 1907, §189; Code 1923, §281; Code 1940, T. 12, §244.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-14 - Powers and Duties of Returning Officers Generally.

Section 11-16-14
Powers and duties of returning officers generally.
The returning officer for each precinct or ward is clothed with all the power and charged with all the duties of a peace officer under the laws of the state while engaged in the discharge of his duties as such returning officer.
(Code 1907, §198; Code 1923, §290; Code 1940, T. 12, §253.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-15 - Compensation of Returning Officers, Inspectors, Etc.

Section 11-16-15
Compensation of returning officers, inspectors, etc.
Each returning officer, manager, or inspector shall receive as compensation for his services the same pay as is paid like officers of general elections, which shall be paid by the county treasurer upon the order of said board of commissioners.
(Code 1907, §199; Code 1923, §291; Code 1940, T. 12, §254.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-16 - Attendance at and Opening of Polls by Inspectors, Clerks, and Returning Officers.

Section 11-16-16
Attendance at and opening of polls by inspectors, clerks, and returning officers.
The inspectors, clerks, and returning officers thus appointed must meet at the place of holding elections in the several precincts or wards for which they are appointed by 9:00 A.M. of the day of the election and, before 10:00 A.M., open the several polling places.
(Code 1907, §187; Code 1923, §279; Code 1940, T. 12, §242.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-17 - Appointment of Clerks, Inspectors, etc., Upon Failure of Others to Attend.

Section 11-16-17
Appointment of clerks, inspectors, etc., upon failure of others to attend.
On the failure of any inspector or clerk to attend at the hour of 9:00 A.M., the inspector or inspectors present shall complete the number by appointing a qualified elector in the place of each inspector or clerk so absent, every such appointment to be so made that each side shall have representation in the person of at least one inspector and one clerk, and, to that end, the inspector or inspectors making such appointments shall observe the recommendations of a majority of the electors present favoring the side for which such absent inspector or clerk was appointed if they shall make such recommendation.
If no inspector is present at the hour of 9:00 A.M. as aforesaid, then a majority of the qualified electors then present who favor removal shall select one inspector and a majority of the qualified electors then present who oppose removal shall select one inspector, and the two inspectors thus selected shall select a third inspector.
If the returning officer is absent, the inspectors shall appoint a qualified elector to serve as returning officer.
(Code 1907, §188; Code 1923, §280; Code 1940, T. 12, §243.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-18 - Opening of Polls to Be Proclaimed Prior to Receipt of Ballots.

Section 11-16-18
Opening of polls to be proclaimed prior to receipt of ballots.
The inspectors, before they commence receiving ballots, must cause it to be proclaimed aloud at the place of voting that the election is opened.
(Code 1907, §190; Code 1923, §282; Code 1940, T. 12, §245.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-19 - Form of Ballot.

Section 11-16-19
Form of ballot.
Each qualified elector shall be entitled to cast one ballot and no more, which ballot must be a paper ticket on which must be written or printed the words, "For removal to _____," or the words, "Against removal," as the elector may desire to vote. No official ballot shall be required nor shall any ballot be rejected for the want of form if the inspectors are able to determine therefrom how the elector intended to vote.
(Code 1907, §191; Code 1923, §283; Code 1940, T. 12, §246.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-20 - Preparation of Poll Lists; Numbering of Ballots.

Section 11-16-20
Preparation of poll lists; numbering of ballots.
The name of each elector whose ballot has been received must immediately be taken down by each clerk on separate lists, which shall be known as the poll list, and the number or the order in which each elector votes must at the same time be entered by each clerk against his name, the first elector voting being number one, the second number two and so on to the last elector voting, and one of the inspectors shall correctly number each ballot with the number to correspond with the number opposite the elector's name on the poll list.
(Code 1907, §192; Code 1923, §284; Code 1940, T. 12, §247.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-21 - Provision of Certified Lists of Registered Voters for Inspectors; Qualifications for Voting.

Section 11-16-21
Provision of certified lists of registered voters for inspectors; qualifications for voting.
The judge of probate must furnish to the board of commissioners provided for in this chapter a duly certified list of the registered voters in each precinct or ward in the county on request of said commissioners or either of them and the payment of one cent for each name contained in such list, to be paid out of the county treasury on order of the commissioners. The commissioners aforesaid shall cause said lists to be placed in the hands of the inspectors of the respective precincts or wards or other voting places prior to the day of said election, and no person shall be entitled to vote in said election whose name does not appear as that of a duly registered elector on said list, unless he shall produce to the inspectors a certificate of registration showing his right to vote therein.
(Code 1907, §193; Code 1923, §285; Code 1940, T. 12, §248.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-22 - Preparation and Disposition of Certified Statements of Votes and Poll Lists.

Section 11-16-22
Preparation and disposition of certified statements of votes and poll lists.
Immediately on the closing of the polls, the inspectors must count the ballots and certify the number of votes cast "For removal to _____" and the number of votes cast "Against removal," and certify on one of the poll lists that such poll list is the poll list of the election precinct or voting place at which they were inspectors and the day and year on which said election was held, and they shall securely seal up such statements of the votes and poll lists, together with the ballots cast in said election, in an envelope or other wrapper or receptacle and label the same so as to show the precinct or ward in which said ballots were cast and deliver the same to the returning officer, and said returning officer must, within 24 hours thereafter, deliver the same to the said board of commissioners at the courthouse of the county.
(Code 1907, §194; Code 1923, §286; Code 1940, T. 12, §249.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-23 - Receipt of Returns, Counting of Votes, and Declaration of Election Result.

Section 11-16-23
Receipt of returns, counting of votes, and declaration of election result.
The board of commissioners shall meet at the courthouse of the county on the next day after the day on which such election is held and there remain and receive the returns from the several returning officers, and on the second day after the day on which such election is held, the commissioners shall meet at the courthouse at 12:00 noon, and, in the presence of such persons as may choose to attend, the said board shall make a correct statement from the returns of the several precincts and wards of the county of the whole number of votes cast "For removal to _____" and the whole number of votes cast "Against removal" and shall then and there make in writing a public declaration of the result of said election.
(Code 1907, §195; Code 1923, §287; Code 1940, T. 12, §250.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 1 - Provisions Applicable to Counties Only. › Chapter 16 - Relocation of County Seats and Erection of New Courthouses. › Section 11-16-24 - Proceedings When Returns Destroyed, Withheld, or Delayed.

Section 11-16-24
Proceedings when returns destroyed, withheld, or delayed.
If it shall be made to appear to said board that the returns from any precinct or ward are destroyed or withheld or the delivery thereof purposely delayed or prevented, said board shall take such steps as in their judgment may be necessary in order to secure correct returns thereof and, to that end, they may examine witnesses under oath, which oath may be administered by one of the commissioners, touching the number of votes cast in such precinct "For removal to _____" and the number cast "Against removal," and such votes shall be included in their statement. Said board shall reject any ballots shown to be illegal and shall count all legal ballots.
(Code 1907, §196; Code 1923, §288; Code 1940, T. 12, §251.)