§ 14-43-311 — Redistricting of wards

(a) (1) (A) City councils in cities of the first class may redistrict the wards in their city when they determine that the people can best be served by adding wards, combining wards, or changing ward boundary lines to equalize the population in the various wards. (B) The city council shall ensure that each ward has as nearly an equal population as would best serve the interest of the people of the city. (2) (A) Within ninety (90) days after redistricting, if one hundred (100) or more qualified electors in the city are dissatisfied with the redistricting of the city into wards, the electors may petition the circuit court. (B) The court, after due hearing, may redistrict the city into such wards as the court shall deem best if the court finds that the redistricting action by the city council was arbitrary and capricious. (b) At the next city election held, more than twenty (20) days after the approval of redistricted wards, there shall be elected from each of the new wards two (2) council members who shall organize the new city council at the first council meeting in January after their election. (c) (1) (A) All council members elected in the city prior to redistricting of wards shall give up their positions to the new council members at the time for the organization of the new city council, as provided in subsection (b) of this section. (B) From that date the terms of office of all previously elected council members shall cease and terminate. (2) (A) It shall be lawful to increase the number of wards or continue the same number of wards without affecting the terms of office of incumbent council members of the city. (B) (i) When the wards are reapportioned so as to increase the number of wards or readjust existing wards so that the wards contain nearly equal population, a council member who remains in his or her old ward, or part thereof, shall continue in office. (ii) New council members shall be elected only for new wards actually formed out of the territory of old wards. (d) (1) All clerk's costs and other costs incurred in the proceedings authorized in this section shall be paid by the persons at whose instance the services were rendered. (2) (A) In case these proceedings result in the redistricting of the city into new wards, the compensation of those individuals making the redistricting shall be fixed by the circuit judge, certified to the city council, and paid out of the city treasury. (B) This compensation shall not exceed the sum of twenty-five dollars ($25.00) each.

Legislative History

Amended by Act 2017, No. 879,§ 20, eff. 8/1/2017. Acts 1885, No. 67, § 6, p. 92; 1905, No. 275, § 1, p. 693; C. & M. Dig., §§ 7720-7724, 7726; Pope's Dig., §§ 9890-9894, 9896; Acts 1973, No. 600, § 1; 1983, No. 253, § 1; A.S.A. 1947, §§ 19-1005 -- 19-1007, 19-1009.