Code of Alabama
Division 1 - Adoption of Mayor-Council Form of Government; Election and Term of First Council.
Section 45-51A-33.06 - Election of First Council and First Mayor; Term of Office.

(a) Upon the adoption of such form of government, the judge of probate with whom the petition was filed shall call an election to be governed by this part, to be held no later than the first Tuesday in September preceding the expiration of the term of office of the members of the city governing body serving when the mayor-council form of government prescribed in this part is adopted, the expense thereof to be paid by such city, for the election by the qualified voters of such city of nine councilmen, the councilmen to be known as district councilmen, and a mayor. Candidates shall qualify as provided in Section 45-51A-33.51 and shall have the qualifications and eligibility set forth in Sections 45-51A-33.52 and 45-51A-33.53. Each voter in the election may cast one vote for a candidate from his or her district. Any district councilman candidate receiving a majority of the total votes cast from the district in which he or she is a candidate shall be elected as a district councilman from his or her district. In the event that nine candidates should fail to receive such a majority then and in that event those candidates for the council receiving a majority shall be elected, and another election shall be held upon the same day of the week two weeks thereafter to be called and held in the same mode and manner and under the same rules and regulations. In the second election there shall be two candidates for each place upon the council to be filled in such second election; and these candidates shall be the ones who receive the highest number of votes but who were not elected at the first election. The candidate or candidates for the council receiving the highest number of votes cast in the second election shall be elected, so that in the first and second elections only nine councilmen shall be elected. The councilmen so elected shall take office on the first Monday in October following the election. Each councilman shall hold office for four years, but shall serve until his or her successor shall have qualified. A councilman may succeed himself or herself in office.
(b) The candidate for mayor receiving the largest number of votes for the office at the first election shall be elected thereto, provided such candidate receives a majority of all votes cast for such office. If at the first election no candidate receives a majority of the votes cast for the office of mayor at such election, then another election shall be held upon the same day of the week two weeks thereafter to be called and held in the same mode and manner and under the same rules and regulations. In the second election there shall be two candidates for the office of mayor; and each candidate shall be the two who received the highest number of votes for the office at the first election.
(c) Notwithstanding any notice requirements of any other statute or statutes concerning municipal elections, a notice published by the judge of probate, with whom the certificate of adoption was filed at any time not less than 20 days prior to the selection, shall be deemed sufficient notice of the election. The notice, in substance, shall state the month, day, and year of the election and the purpose for which it is called. The notice shall further recite that the city has been divided into districts as provided under this part and state where a copy of the district division is on file. The notice shall be published not less than one time in a newspaper published in the city, and if no newspaper is published in the city, then by posting notices in three public places within the municipality. The election of the first council, except as otherwise provided herein as to the call and notice of the election, the date or dates of elections, and run off elections, the qualification of the candidates and other matters specifically declared to be to the contrary in this part, shall be held and conducted, in the same manner as provided by law in respect to municipal elections in cities of this state which have a population of its size according to the latest federal decennial census for cities not organized under a commission form of government. All municipal officers of the city shall have the same duties and responsibilities as they have with respect to municipal elections. The call of the election by the judge of probate shall be sufficient to require any municipal officer or officers to comply with their duties and responsibilities with regard to all municipal elections, including the designation of places of voting, appointment of election officers, and other matters concerning the elections. The officer or officers shall issue any orders necessary to cause all election requirements to be met. The districts from which the nine district councilmen shall be elected, as near as practicable, shall be of equal population according to the last federal decennial census. The first election of councilmen under this part shall be from the initial council districts as specifically described and set forth in Appendix One of Acts 1973, No. 618.

Structure Code of Alabama