§ 45-51A-33.91 — Statement of Candidacy

Alabama § 45-51A-33.91

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 51A: Montgomery County Municipalities
• Art. 3: Montgomery
• Part 4: Mayor-Council Act of 1973
• Subpart 4: Mayor

Text

(a) Any person desiring to become a candidate at any election for the office of mayor may become a candidate by filing in the office of the judge of probate of the county in which the city is situated, a statement in writing of his or her candidacy, accompanied by a petition signed by one-fourth of one percent of the registered voters of the city endorsing the candidacy of the candidate and by an affidavit taken and certified by the judge of probate or by a notary public that the person is duly qualified to hold the office for which he or she desires to be a candidate. The statement shall be filed no earlier than the fourth Tuesday in August and no later than the second Tuesday in September preceding the election, and shall be in substantially the following form:
“State of Alabama, ________ County. I, the undersigned, being first duly sworn, depose and say that I am a citizen of the City of ________, in the State and County, and reside at ________ in the City of ________, that I desire to become a candidate for the office of mayor in the city at the election for the office to be held on the ________ day of October next and that I am duly qualified to hold the office if elected thereto and I hereby request that my name be printed upon the official ballot at the election. Signed ________; subscribed and sworn to before me by the ________ on this ________ day of ________, 2___ , and filed in this office for record on that day. ________, Judge of Probate.”
(b) The statement shall be accompanied by a qualifying fee in an amount equal to three hundred dollars ($300) which qualifying fee shall be paid over by the judge of probate to the general fund of the city; provided, however, that if a person desiring to qualify as a candidate cannot afford to pay the qualifying fee, he or she may submit, in lieu of the fee, a signed affidavit to that effect accompanied by a petition requesting his or her candidacy signed by not less than one fourth of one percent of the registered voters qualified to vote in the mayoral election, as determined by the judge of probate. At every election all ballots to be used by voters shall be printed and prepared by the election commission or other body or official charged by law with the duty of conducting elections and at the expense of the city, and shall contain the names of all candidates directly underneath the words ‘For Mayor.’ No names shall appear upon the ballot as a candidate for election except the names of such persons as have been candidates according to provisions as above set forth; no ballot shall be used at any election except the official ballot prepared by the election commission or other body or official charged by law with the duty of conducting elections, except that the names of candidates may be suitably placed on voting machines if such machines are used to conduct the election. No primary election shall be held for the nominations of candidates for the office of mayor and candidates shall be nominated only as hereinabove provided.

Legislative History

(Acts 1973, No. 618, p. 879, § 4.02; Acts 1977, No. 713, p. 1255, § 1; Act 87–97, p. 103, § 1; Act 2001–547, p. 1101, § 1.)