§ 14-43-312 — Council members in mayor-council cities of fewer than 50,000

(a) (1) On the Tuesday following the first Monday in November 1966 and every two (2) years thereafter, the qualified voters of all cities of the first class having the mayor-council form of government with fewer than fifty thousand (50,000) inhabitants shall elect two (2) council members from each ward for a term of two (2) years, except that by ordinance any city of the first class may refer the question to voters to elect two (2) council members from each ward to four-year terms as more particularly set out in subdivision (a)(2)(A) of this section. (2) (A) On or before February 1 of the election year when the procedure will go into effect, any city of the first class, by ordinance referred to and approved by the voters at the previous general election or at a special election called for that purpose, may elect two (2) council members from each ward to four-year terms, except for the initial terms as provided in subdivision (a)(2)(B) of this section. (B) (i) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the council member representing position number one from each ward shall be elected to a four-year term at the next general election. (ii) The council member representing position number two from each ward shall be elected to an initial two-year term at the next election, and thereafter shall be elected to four-year terms, resulting in staggered terms with one (1) council member being elected to a four-year term from each ward every two (2) years. (b) (1) The council members shall be designated as "council member number one" and "council member number two". (2) (A) A candidate for the office of council member shall designate the number of the council member's office which the candidate is seeking on the petition filed under § 14-42-206 . (B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation on that petition. (C) The county clerk shall not accept a petition for filing that does not designate the number of the office for council member sought. (D) Each city shall maintain in its records a document showing the name of each council member and the number of the office which the candidate holds. (c) (1) (A) The city council may refer an ordinance to voters on the question of returning a city to electing council members to two-year terms. (B) The ordinance shall be passed by a two-thirds vote of the city council before it is referred to and approved by voters at a general election. (2) If the voters approve returning the city to electing council members to two-year terms, all council members shall be elected to two-year terms at the next general election and thereafter, except that those council members serving four-year terms shall complete their terms. (3) The city council may not refer another question to voters on electing council members to four-year terms or on returning the city to electing council members to two-year terms unless at least four (4) years have passed since the last election on changing the terms of council members.

Legislative History

Amended by Act 2017, No. 879,§ 21, eff. 8/1/2017. Amended by Act 2013, No. 503,§ 1, eff. 8/16/2013. Acts 1965, No. 484, §§ 1, 2; A.S.A. 1947, §§ 19-1002.5, 19-1002.6; Acts 2001, No. 543, § 1; 2003, No. 244, § 1; 2005, No. 81, § 1.