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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11-43A-18
Section 11-43A-18 Appointment of city manager; temporary acting city manager; removal; dealings
with administrative service. The council, by a majority vote of the whole qualified membership
of the council, shall appoint a city manager, who shall be an officer of the city, and shall
have the powers to perform the duties in this article provided. No councilman shall receive
such appointment during the term for which the council member shall have been elected nor
within one year after expiration of the term. Any civil service act applicable to the municipality
shall not apply to the appointment or the removal of the city manager. A temporary acting
city manager may be designated by the council to serve for not more than four months in these
events, but only in these events: (1) When the first council takes office after adoption of
this article or (2) following the removal of any permanent city manager. Such temporary acting
city manager shall perform the duties and assume the obligations...
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11-43C-28
Section 11-43C-28 Meetings of council; quorum; majority vote requirement; procedure; record
of proceedings; procedure as to ordinances or resolutions of permanent operation; publication;
no veto as to council actions relating to an investigation. The council shall hold regular
public meetings weekly, day or night, at a regular hour to be fixed by said council from time
to time and publicly announced; it may hold such special or other meetings as the business
of the city may require. The presence of three council members will constitute a quorum for
the conduct of official council business. The affirmative vote of at least three members of
the council shall be sufficient for the passage of any resolution, bylaw, ordinance, or the
transaction of any business of any sort by the said council or the exercise of any of the
powers conferred upon it by the terms of this chapter or bylaw, or which may hereafter be
conferred upon it. No resolution, bylaw, or ordinance granting any franchise,...
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16-11-3
Section 16-11-3 Election; terms of office; vacancies. Annually at the regular meetings of the
city council or commission in April the council or commission shall elect a member or members
of the board of education to succeed those whose term or terms of office expire that year.
Members of the city board of education shall assume office at the next regular meeting of
the city board of education in June following their appointment. The terms of office of members
of the city board of education shall be five years, and the term of one member shall expire
annually. A member shall serve on the board until his or her successor assumes office. In
the event of a vacancy in the membership of the city board of education by resignation or
otherwise, the fact shall be reported to the city council or commission by the board, and
the council or commission shall elect a person to fill the vacancy for the unexpired term.
(School Code 1927, §192; Code 1940, T. 52, §152; Acts 1993, 1st Ex. Sess., No....
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11-43C-15
Section 11-43C-15 District council members - No primary elections; filing of pauper's oath
or petition to become candidate. No primary election shall be held for the nomination of candidates
for the office of council member, and candidates shall be nominated only as provided herein.
A person may also become a candidate for the office of council member by filing a verified
pauper's oath with the city clerk, or by filing a verified petition containing an endorsement
of candidacy by the signatures and addresses of 500 persons, each of whom is a registered
voter residing in the city and within the district for which the individual intends to be
a candidate for election to office, provided that no such signature may be obtained more than
12 months preceding the deadline for filing said statements. (Acts 1987, No. 87-102, p. 116,
§15.)...
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11-44B-8
Section 11-44B-8 Temporary and permanent vacancies in office of mayor; vacancy on city council.
(a) Temporary Vacancy in the Office of Mayor. The council shall elect from its members, a
president pro tempore of the council. In the case of the temporary absence of the mayor or
his inability to serve temporarily on account of sickness or any other good reason, the president
pro tempore of the council shall act as mayor pro tempore with the power and authority of
the mayor during such time. Provided; however, the president pro tempore while acting as mayor
pro tempore shall not exercise the mayor's right to vote nor the right of approval or veto
of ordinances or resolutions, nor receive the rate of compensation or allowance of the mayor.
In the event of a failure or refusal of the president pro tempore of the council to act, the
council may appoint one of its members to act as mayor pro tempore with like effect, which
appointment shall be entered in the minutes of the council. While...
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11-44C-15
Section 11-44C-15 District council members - No primary elections; filing of pauper's oath
or petition to become candidate. No primary election shall be held for the nomination of candidates
for the office of council member, and candidates shall be nominated only as provided herein.
A person may also become a candidate for the office of council member by filing a verified
pauper's oath with the city clerk, or by filing a verified petition containing an endorsement
of candidacy by the signatures and addresses of 500 persons, each of whom is a registered
voter residing in the city and within the district for which the individual intends to be
a candidate for election to office, provided that no such signature may be obtained more than
12 months preceding the deadline for filing said statements. (Acts 1985, No. 85-229, p. 96,
§15.)...
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17-6-28
Section 17-6-28 Requirements for write-in votes. (a) Write-in votes shall be permitted only
in non-municipal general elections and shall be counted as provided in this section based
on one of the following: (1) Upon a determination that the number of write-in votes for a
specific office is greater than or equal to the difference in votes between the two candidates
receiving the greatest number of votes for the specific office. (2) Upon a written request
satisfying the requirements in subsection (i). (b) The ballot for a non-municipal general
election must be constructed so that the voter can mark a write-in vote for each office in
the same manner that votes are registered for regular candidates. In order to cast a valid
write-in vote, the voter must (1) write the name on the ballot and (2) register the vote by
a mark in the space designated for that office. A write-in vote that is not registered as
provided above shall not be considered a valid write-in vote and shall not be included...

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11-43A-84
Section 11-43A-84 Appointment of city manager; temporary acting city manager; term of city
manager; removal; actions by council or its members prohibited or restricted. (a) The council,
by a majority vote of the whole qualified membership of the council, shall appoint a city
manager who shall be an officer of the city and shall have the powers to perform the duties
provided in this article. No councilman shall receive such appointment during the term for
which he shall have been elected nor within one year after expiration of his term. Any civil
service act which may be applicable to the municipality shall not apply to the appointment
or removal of the city manager. (b) A temporary acting city manager may be designated by the
council to serve for not more than four months in the following events, but only in these
events: (1) When the first council takes office after adoption of this article; or (2) following
the removal of any permanent city manager. (c) Such temporary acting city...
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11-44G-1
Section 11-44G-1 Procedures in event of vacancy - City council. (a)(1) A vacancy in the office
of city council member in any Class 7 or Class 8 municipality shall be filled by the city
council at the next regular meeting or any subsequent meeting of the council. The person elected
shall hold office for the unexpired term. In the event a vacancy is not filled within 60 days
after it occurs in a Class 7 or Class 8 municipality, each existing city council member, including
the mayor, may submit a name to the Governor for appointment. If the Governor fails to make
an appointment from any submitted names within 90 days after the vacancy occurs, the judge
of probate shall call a special election to fill the vacancy. (2) In the event the Governor
is unable or unwilling to make the appointment within the time period provided, he or she
shall immediately notify the judge of probate of the county. (3) Any election called pursuant
to this section shall be conducted pursuant to Chapter 46 of this...
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