§ 45-49-140.33 — Election Requirements

Alabama § 45-49-140.33

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 49: Mobile County
• Art. 14: Fire Protection and Emergency Medical Services
• Part 1: Fire Fighting and Emergency Medical Services Districts
• Subpart 2: Turnerville Fire Protection District

Text

(a) If the planned expansion of a municipal police jurisdiction includes any portion of the Turnerville fire protection district, the council or governing body of the respective municipality may request that the Judge of Probate of Mobile County order an election to be held in the affected area. Only those qualified electors residing within the boundaries of the affected area shall participate in the election.
(1) The council or governing body of the municipality may pass a resolution stating that the public health or public good requires that the affected area, as described in the resolution, shall be brought within the police jurisdiction of the municipality.
(2) The mayor or other executive head of the municipality shall certify and file a copy of the resolution together with a map of the area showing its relationship to the municipal police jurisdiction to which the property is proposed to be included, with the judge of probate.
(3) At the election there shall be submitted to the qualified electors residing within the affected area the question: “Shall the following affected area be included within the police jurisdiction of the municipality of ________? Yes___ No___.
“Description of Affected Area
”(insert description)”
(4) Unless the majority of votes cast at the election are in the affirmative on the question of inclusion of the affected area, the affected area shall not be included within the police jurisdiction of the municipality.
(b)(1) Within 10 days of the date of the filing of the certified resolution, the judge of probate shall order an election to be held on a day not less than 20 days nor more than 40 days from the date on which he or she enters the order.
(2)a. The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing returns at a general election shall apply to any election called pursuant to this subpart.
b. The judge of probate shall give notice of the election by publishing for three weeks, at least once a week, on the same day of each week, in a newspaper of general circulation in the area where the election is to be held, a notice that on the day set for the election the question to be then voted on shall be submitted to the qualified electors of the affected area.
(4) The governing body of the municipality with the expanding police jurisdiction shall pay for the necessary expense of advertising and conducting the election out of the general fund of the municipality.
(c) The police jurisdiction of the municipality shall not include the affected area unless the inclusion is approved by the majority of votes cast at the election at which the proposed inclusion is submitted. Upon the officers canvassing the returns of the election certifying that a majority of votes cast were in favor of the inclusion of the affected area in the police jurisdiction of the municipality, the affected area shall be included within the police jurisdiction of the municipality.

Legislative History

(Act 98-619, p. 1364, § 4.)