§ 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.

Legislative History

(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.)