Code of Alabama

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11-46-39
Section 11-46-39 Oath and identification of voters challenged; voting procedure where paper
ballots used. (a) Where paper ballots are used, the inspector, upon the elector's entering
the polling place, shall examine the list of qualified electors furnished by the clerk pursuant
to subsection (a) of Section 11-46-36, and, if it appears from this examination that the person
is a qualified elector of the state authorized to vote at that box, the inspector shall then
give the person one ballot on the stub of which the inspector shall write or shall have already
written his or her name or initials. If the person's name does not appear on the list of qualified
voters for that ward or box, the person may not vote except by provisional ballot. (b) In
cities of more than 3,000 inhabitants, each elector on receiving a ballot shall forthwith
and without leaving the polling place retire alone to one of the booths or compartments provided
for that purpose and there prepare the ballot in the manner...
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45-23A-21
Section 45-23A-21 City council. (a) Notwithstanding any law, whether special, local, general,
or municipal ordinance, to the contrary, pursuant to Civil Action No. 85-T-1332-N, U.S. District
Court for the Middle District Northern Division Federal Court Order, the City of Daleville
in Dale County, shall not designate by place number or by other similar method seats for its
city council. (b) The City Council of the City of Daleville, Alabama, shall consist of five
members elected at large, without designated or numbered places. In the election of members
of the city council, the five candidates receiving the highest number of votes shall be elected
to the council. There shall be no runoff election. In the event of a tie vote for the fifth
highest receiving votes, the winner shall be selected by a majority vote of the newly elected
mayor and council. In the election for members of the city council, each qualified voter shall
be entitled to vote for any number of candidates from one to...
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45-37-140.13
Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries. (a) Whenever
any municipal corporation in Jefferson County annexes any portion of a district and a petition
is filed with the clerk of the municipality requesting annexation of the remaining portion
of the district, the petition containing the following: (1) signatures of 20 percent of the
qualified electors residing within the district or signatures of 200 qualified electors, whichever
is less, and (2) a written statement signed by at least two members of the board of trustees
of the district reciting that those signing the petition constitute either 10 percent of the
qualified electors residing within the district or 100 qualified electors residing within
the district, whichever is applicable, and (3) a description of the district; then the governing
body of such municipal corporation shall provide for and finance the cost of a referendum
election wherein the remaining qualified voter residents of...
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11-42-101
Section 11-42-101 Mode of consolidation - When municipalities to form new corporate organization.
If municipalities desiring to consolidate wish to form a new and distinct corporate organization
to be operated under the name of either one of such municipalities or a different name, the
several councils, upon the filing with the mayor or chief executive officer or chief executive
authority of each of such municipalities of a petition signed by not less than one fourth
of the number of the qualified electors residing in each of such municipalities setting forth
that they desire the consolidation of such municipalities, shall each pass an ordinance expressing
the purpose thenceforth to operate as one municipal corporation under the name therein mentioned
and call an election to be held simultaneously in the several municipalities on a day designated
by said ordinances, not less than 30 days after the passage thereof. Such election shall be
conducted in the same manner as general municipal...
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11-43-18
Section 11-43-18 Vacancies of over 60 days in governing bodies of Class 5 municipalities. (a)
Unless otherwise provided by local law, vacancies in the governing bodies of all Class 5 municipalities
which have existed for more than 60 days shall be filled as herein provided: (1) If the vacated
term has less than six months remaining, then the remaining members of the city governing
body shall appoint a successor by a majority vote of those members voting. In case of a tie
vote, the mayor, if there is one, shall cast the tie-breaking vote. The successor shall serve
the remainder of the unexpired term until a successor has been qualified and elected. (2)
If the term has been declared vacant and has six months or more remaining, the mayor, if there
is one, otherwise the senior member of the city governing body, shall call for a special election
to fill the vacancy. The successor shall serve the remainder of the unexpired term until a
successor has been qualified and elected. (b) Special...
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11-43-40
Section 11-43-40 Composition of city councils; voting by president of council. (a) Except as
provided in Section 11-43-2 as it relates to the legislative functions of the mayor in cities
and towns having a population of 12,000 or more but less than 25,000 inhabitants according
to the most recent or any subsequent federal decennial census, in cities having a population
of 12,000 or more, the following officers shall be elected at each general municipal election,
who shall compose the city council for the cities and who shall hold office for four years
and until their successors are elected and qualified, and who shall exercise the legislative
functions of city government and any other powers and duties which are or may be vested by
law in the city council or its members: (1) In cities having seven wards or less, a president
of the city council and two aldermen from each ward, to be elected by the qualified voters
of the several wards voting separately in every ward; except, that in...
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11-43A-113
Section 11-43A-113 Referendum to determine form of government. Between October 1, 1991, and
March 31, 1992, any municipality adopting the council-manager form of government under this
article, regardless of which effective date is chosen in the ordinance referenced in Section
11-43A-70, shall conduct a referendum for the purpose of determining whether after the first
Monday in October following the next regularly scheduled municipal election, the municipality
shall operate under the council-manager form of government as prescribed herein or, in the
alternative, under the mayor-council form of government as set forth in Section 11-43-1 et
seq. The council shall give advance notice of the time and purpose of such referendum by publication
once each week for four consecutive weeks in a newspaper of general circulation in the municipality.
All qualified electors of the municipality may participate in said referendum and the questions
to be decided shall be plainly printed upon the ballot....
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11-43A-114
Section 11-43A-114 Referendum ballots. At such referendum, the proposition to be submitted
shall be printed in plain prominent type on ballots separate and distinct from ballots used
for any other office or question and shall read as follows: "Check one of the following:
(1) The City of ___ shall adopt and operate under the council-manager form of government pursuant
to the 'Council-Manager Act of 1991.' Yes ( ). or (2) The City of ___ shall adopt and operate
under the mayor-council form of government pursuant to Section 11-43-1 et seq. Yes ( )."
The voter shall mark his ballot with a cross mark (X) after the proposition which expresses
his choice. If voting machines are used at any voting place in such election, the above propositions
may, at the discretion of the election commission or other body or official having charge
of the conduct of municipal elections, be submitted as separate propositions on voting machines
so used. (Acts 1991, No. 91-545, p. 973, ยง45.)...
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17-6-3
Section 17-6-3 Voting districts; naming of precincts. (a) Except as may be provided further
by local election laws or by the electronic vote counting statutes, the counties in this state,
as divided pursuant to this chapter into election precincts, and the boundaries of such precincts
shall so remain until changed by order of the county governing body, but the county governing
body, at its first regular meeting in March in each even-numbered year, shall subdivide any
election precinct in which there are more than 2,400 qualified voters and electronic voting
machines are used into voting districts or shall divide alphabetically the list of qualified
voters in such precincts into groups and assign each qualified voter a designated voting place
so as to provide an electronic voting machine for every person legally entitled to vote at
a polling place at which not more than 2,400 votes on a single electronic voting machine will
be cast. (b) Except as may be provided further by local...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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