Code of Alabama
Division 3 - The Council.
Section 45-51A-33.58 - Vacancies in Council.

(a) A vacancy in the city council other than those occurring less than four months prior to the date of the next regular council election shall be filled by special elections to be held for that purpose. The date of the election shall be set by the city council at the next regular meeting or any subsequent meeting of the council, no later than 30 days after the occurrence of the vacancy. Such elections shall be held in the same manner and subject to the same procedures as regular council elections and the person so elected shall hold office for the remainder of the unexpired term. The date shall be set on the second Tuesday of the month when ordered by the city council, but not less than 70 days nor more than 90 days following 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 the vacancy in which case the vacancy shall be filled at the 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. Any person desiring to become a candidate at the election to fill the vacancy may become a candidate by filing his or her statement in writing with the judge of probate as provided in Section 45-51A-33.51. The statement shall be filed no earlier than the first Tuesday following the occurrence of such 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-33.51 which 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-33.51. 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 council at regular elections. If, at the first election, a majority is not received by any candidate for the office of council member, then a second or run-off election shall be held in the same manner on the sixth Tuesday thereafter. The successor to the council member chosen at the election shall qualify for office as soon as practical thereafter and shall hold office until a successor is elected and qualified.
(b) In any Class 3 municipality organized under this part, after March 5, 2009, a vacancy in the city council or the office of mayor other than those occurring less than four months prior to the date of the next regular council election shall be filled by special elections to be held for that purpose. The date of the election shall be set by the city council at the next regular meeting or any subsequent meeting of the council, no later than 30 days after the occurrence of the vacancy. The elections shall be held in the same manner and subject to the same procedures as regular city elections and the person so elected shall hold office for the remainder of the unexpired term. The date shall be set on the second Tuesday of the month when ordered by the city council, but not less than 70 days nor more than 90 days following 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 the vacancy in which case the vacancy shall be filled at the 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. Any person desiring to become a candidate at the election to fill the vacancy may become a candidate by filing his or her statement in writing with the judge of probate as provided in Section 45-51A-33.51. The statement shall be filed no earlier than the first Tuesday following the occurrence of such 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-33.51 which 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-33.51. 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 council or mayor at regular elections. If, at the first election, a majority is not received by any candidate for the office, then a second run-off election shall be held in the same manner on the sixth Tuesday thereafter. The successor to the office chosen at the election shall qualify for office as soon as practical thereafter and shall hold office until a successor is elected and qualified.

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