SB310INTRODUCED
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SB310
GMQACC2-1
By Senator Waggoner (N & P)
RFD: Jefferson County Legislation
First Read: 08-Apr-25
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5 GMQACC2-1 03/04/2025 THR (L)THR 2025-171
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First Read: 08-Apr-25
A BILL
TO BE ENTITLED
AN ACT
Relating to Jefferson County; to amend Sections
45-37-72.20 and 45-37-72.21, Code of Alabama 1975, to further
provide for the filling of vacancies on the county commission;
and to repeal Sections 45-37-72.22 and 45-72.23, Code of
Alabama 1975, relating to election dates.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 45-37-72.20 and 45-37-72.21, Code
of Alabama 1975, are amended to read as follows:
"§45-37-72.20
As herein used, the following terms have the meanings
hereby ascribed to them:
(1) COUNTY. Jefferson County, Alabama.
(2) COUNTYWIDE ELECTION. Any election, whether general,
special, or primary, including runoff elections, where
qualified electors throughout the county are entitled to vote
and which is held to elect a federal, state, or county officer
or to nominate a candidate or candidates, for a federal,
state, or county office or offices, to submit one or more
questions, including, but not limited to, the question of
adopting a proposed amendment to the Constitution of Alabama
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adopting a proposed amendment to the Constitution of Alabama
of 19012022, and the question of whether general obligation
bonds, or revenue bonds, of the state or county shall be
issued.
(3) ELECTION COMMISSION. The election commission of the
county.
(4) FIRST PRIMARY ELECTION. The first primary election
for which this act subpart provides to fill a vacancy as
distinguished from the runoff election held hereunder, if a
runoff election is necessary.
(5) RUNOFF GENERAL ELECTION. The runoff general
election for which this subpart provides , if no candidate at
the first election receives a majority of the votes cast after
the party nomination .
(6) SCHEDULED COUNTYWIDE ELECTION. A countywide
election which is scheduled to be held on a date definitely
determined when a vacancy occurs.
(7) VACANCY. A vacancy on the governing body of the
county caused by death, resignation, impeachment, or any cause
except normal expiration of terms."
"§45-37-72.21
(a)(1) Within Except as provided in subsection (b),
within seven days from the occurrence of any vacancy, the
election commission, by a majority vote thereof, shall adopt a
resolution stating the dates on which date of the first
primary election which shall be held not less than 45 days nor
more than 60 days after the adoption of the resolution and the
runoff primary election, if necessary, which shall be held not
less than four weeks thereafter . The dates shall be determined
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less than four weeks thereafter . The dates shall be determined
as provided for in Sections 45-37-72.22 and 45-37-72.23 The
resolution shall also set the date of the general election
which shall be held not less than three weeks nor more than
five weeks after the last primary election .
(2) The election commission may schedule the date of
the first primary election, a runoff primary election if
needed, and the general election on the date of any previously
scheduled countywide election provided the time for holding
the election meets the requirements of this section. The
ballot used by the judge of probate may be a special ballot
used only for an election under this section.
(b) When a vacancy occurs with more than six months
remaining on the unexpired term, the position shall remain
vacant until filled at the next scheduled countywide general
election. The election commission may provide for the conduct
of a special primary election and runoff primary election if
needed for the purposes of qualifying a candidate for the
general election. "
Section 2. Sections 45-37-72.22 and 45-37-72.23, Code
of Alabama 1975, relating to election dates, are repealed.
Section 3. This act shall become effective on June 1,
2025.
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