§ 45-51A-33.94 — Vacancy

Alabama § 45-51A-33.94

• 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) Whenever a vacancy in the office of the mayor shall occur by reason of death, resignation, removal, or any other cause, the president of the council shall assume the duties of the office of mayor effective on the date such vacancy occurs and shall serve as acting mayor until a new mayor is elected and qualified as hereinafter provided. The acting mayor shall receive no compensation, expenses, or allowances as a councilperson while acting as mayor, but he or she shall receive the same rate of pay and allowances provided for the mayor whose vacated office he or she fills, and the compensation received for days of service as acting mayor shall not be counted in determining the maximum annual per diem compensation permitted council members. While the president of the council is serving as acting mayor he or she shall not sit on the council or vote on any matters before the council. At the next regular or special meeting of the council not later than 30 days after the occurrence of the vacancy, the council of the city shall call a special election to fill the vacancy in the office of the mayor, which election shall be held on the second Tuesday of the month not less than 70 days nor more than 90 days from the occurrence of the vacancy unless a regular or special election is scheduled or required to be held within 120 days after the occurrence of such vacancy in which case the vacancy in the office of mayor shall be filled at such regular or special election. Notice of the election shall be given at the expense of the city by one publication at least 18 days in advance of the same in one or more newspapers published in the city.
(b) Any person desiring to become a candidate at the election to fill the vacancy of the office of mayor may become a candidate by filing his or her statement in writing with the judge of probate as provided in Section 45-51A-33.91. The statement shall be filed no earlier than the first Tuesday following the occurrence of the vacancy and no later than the third Tuesday following the occurrence of the vacancy. The statement shall be accompanied by a qualifying fee in the same amount as provided in Section 45-51A-33.91 which qualifying fee shall be paid over by the judge of probate to the general fund of the city or by a petition in the same manner as provided in Section 45-51A-33.91. The method, procedure, and requirements of qualifying as a candidate, and voting upon and determining the successful candidate shall otherwise be the same as provided herein relative to the election of the mayor at regular elections. If, at the first election, a majority is not received by any candidate for the office of mayor, then a second run-off election shall be held in the same manner on the sixth Tuesday thereafter. The successor to the mayor chosen at the election shall qualify for office as soon as practical thereafter, and shall be clothed with and assume the duties, responsibilities, and powers of such office immediately upon such qualifications and shall hold office for the unexpired term and until a successor is elected and qualified.

Legislative History

(Acts 1973, No. 618, p. 879, § 4.05; Act 2009-19, p. 73, § 3.)