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11-44C-36
Section 11-44C-36 Mayor - Vacancies; acting mayor; special election to fill vacancy; term of
office. Whenever any vacancy in the office of mayor shall occur by reason of death, resignation,
removal, or any other cause, the president of the council shall assume the duties of the office
of mayor effective on the date such vacancy occurs and shall serve as acting mayor until a
new mayor is elected and qualified as herein provided. The acting mayor shall receive no compensation,
expenses, or allowances as a council member while acting as mayor, but he will receive the
same rate of pay and allowances provided for the mayor whose vacated office he fills, and
the compensation received for days of service as acting mayor shall not be counted in determining
the maximum annual per diem compensation permitted council members. While the president of
the council is serving as acting mayor he may attend council meetings but may not vote on
any matters before the council. The council shall within 10...
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11-46-53
Section 11-46-53 Voting machines to remain locked during period for filing of contests; when
seals of machines may be broken; disposition of records taken from machines. (a) The voting
machines shall remain locked against voting for the time provided by law for the filing of
contests and then shall have the seal broken only on the order of the municipal governing
body and if, in the opinion of such body, the contest has developed or is likely to develop,
and shall remain locked until such times as ordered by the court hearing the contest or until
a final determination thereof; provided, that on the order of any court of competent jurisdiction
or on the order of the municipal governing body, the seal may be broken for the purpose of
proper investigation. When such investigation is completed, the machine shall again be sealed
and across the envelope containing the keys shall be written the signature of the person or
persons having broken same; provided further, that in the event another...
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17-9-35
Section 17-9-35 Preservation of ballots and records of voting machines. THIS SECTION WAS AMENDED
AND RENUMBERED AS SECTIONS 17-16-1 AND 17-12-23 BY ACT 2006-570 IN THE 2006 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2007. The voting machines shall remain locked against voting for the
time provided by law for the filing of contests and then shall have the seal broken only on
the order of that body which, under the general provisions of law, now has charge of and control
over ballot boxes in that county, municipality or other political subdivision, and if, in
the opinion of such body, the contest has developed or is likely to develop, shall remain
locked until such time as ordered opened by the court hearing the contest, or until a final
determination thereof; provided, that on the order of any court of competent jurisdiction
or on the order of any legislative body or governing body having jurisdiction over such election,
the seal may be broken for the purpose of proper investigation and when...
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45-10-20.02
Section 45-10-20.02 Municipal option election. (a) Upon petition of 25 percent of the number
of voters voting in the last general election of the municipality having a population of not
less than 1,300 inhabitants nor more than 1,500 inhabitants being filed with the city or town
clerk or governing body of the municipality, the governing body shall call a municipal option
election for the municipality to determine the sentiment of the people as to whether alcoholic
beverages may be legally sold or distributed in the municipality. The petition for the municipal
option election shall contain the following: "It is petitioned that a municipal option
election be held to determine whether the legal sale and distribution of alcoholic beverages
shall be permitted within this municipality," on the ballot to be used for the municipal
option election, the question shall be in the following form: "Do you favor the legal
sale and distribution of alcoholic beverages within this municipality? Yes...
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45-20A-50.03
Section 45-20A-50.03 Board of education - Election of members. (a) The Opp City Council shall
take necessary steps to ensure that this part complies with the Federal Voting Rights Act
of 1965, as amended. (b) The Opp City Council shall call an election to elect the initial
members of the board of education and, pursuant to this part, shall call the elections to
elect subsequent board members. (c) The initial election and the initial runoff election,
if necessary, and all subsequent elections held pursuant to this part shall be conducted,
the vote canvassed, and the results declared in the same manner as provided for the election
of members of the city council, unless otherwise required in this part. (d) The initial election
to elect members of the board of education from District 1, District 2, and District 4 shall
be held during a special election on the third Tuesday in August 2002. A runoff election,
if necessary, shall be held on the second Tuesday in September 2002. Subsequent...
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45-37-123.103
Section 45-37-123.103 Death benefits. (a) Preretirement death benefits. A vested member's beneficiary
is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED
MEMBER. If a married, active member dies, then the beneficiary may elect, on a form provided
by the pension board, to be paid in one of the following forms: a. One Hundred Percent Preretirement
Joint Survivorship Pension. If such member was eligible for a deferred retirement benefit
at the time of the member's death, then the beneficiary may elect to be paid in the form of
a 100 percent preretirement joint survivorship pension, which is a monthly annuity paid during
the beneficiary's lifetime which is equal to the actuarial equivalent of the benefits that
would have been paid to the member if, instead of dying, the member had terminated employment;
or b. Refund. The beneficiary may elect a refund of the member's employee contributions in
accordance with Section 45-37-123.104(4)b. (2) UNMARRIED...
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45-37A-50.04
Section 45-37A-50.04 Election procedures. (a) The Birmingham City Council shall take necessary
steps to ensure that this subpart complies with the Federal Voting Rights Act of 1965, as
amended. (b) The election shall be called to coincide with the next mayoral election after
final approval of this subpart by the United States Department of Justice. (c) The initial
election and the initial runoff election, if necessary, and all subsequent elections held
pursuant to this subpart shall be conducted, the vote canvassed, and the results declared
in the same manner as provided for the election of members of the city council, unless otherwise
required in this subpart. (d) The initial elected members of the board of education shall
assume office immediately upon the certification of the election results and shall serve initial
terms of office which shall expire at the same prescribed time as the expiration of the corresponding
terms of office of the then current city council members....
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45-48-20
Section 45-48-20 Regulation of sale of alcoholic beverages on Sunday. (a) The city council
of each municipality in Marshall County, where the sale of alcoholic beverages is legal, except
for Sunday sales of alcoholic beverages, by ordinance, may regulate the sale of all alcoholic
beverages including, but not limited to, draft beer and keg beer in any municipality within
the county. (b)(1) The voters of any municipality within the county may authorize the sale
of alcoholic beverages within the municipality on Sunday by an election pursuant to this section,
in the following manner: The governing body of the municipality, by resolution, may call an
election for the municipality to determine the sentiment of the voters of the municipality
residing within the corporate limits as to whether alcoholic beverages may be legally sold
or distributed on Sunday within the municipality. (2) On the ballot to be used for the election,
the question shall be in the following form: "Do you favor the...
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11-43-7.3
Section 11-43-7.3 Salary of members of city council of Class 1 municipalities. (a) This section
shall relate to only any Class 1 municipality. (b) Effective beginning the term of office
commencing in 2017, the annual salary for each member of the city council of the Class 1 municipality
shall be set and adjusted each regular four-year term by the State Personnel Board, by determining
the median household income of the city rounded up to the nearest thousand, to take effect
on the first day of January of each new term. (c) The salary provided in subsection (b) shall
constitute the total salary payable to the presiding officers and members of the city council,
beginning with the term commencing immediately after any municipal election in 2017. (d) The
city council of the Class 1 municipality may not increase, supplement, or otherwise enlarge
the salary payable to the members of the city council. (Act 2017-275, ยงยง1-3.)...
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11-44E-74
Section 11-44E-74 Vacancy in office of mayor; acting mayor; special election; qualification,
duties, and term of successor. Whenever a vacancy in the office of mayor shall occur by reason
of death, resignation, removal, or any other cause, including physical or mental incapacity,
the senior member of the commission based on consecutive time in service as commissioner shall
serve as acting mayor until an acting mayor is selected by the commission. An acting mayor
shall be selected by a majority vote of the commission and shall assume the duties of the
office of mayor effective on the date selected and shall serve as acting mayor until a new
mayor is elected and qualified as hereinafter provided. The acting mayor shall receive no
compensation, expenses, or allowances as a commissioner while acting as mayor, but shall receive
the same rate of pay and allowances provided for the mayor whose vacated office the acting
mayor fills. The election commission of the city, if there be one, and if...
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