HB202 Alabama 2012 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2012

Title

Judges, appellate, and Supreme Court Justices and Attorney General, nonpartisan election, Appellate Court Nonpartisan Election Act, Secs. 17-6-20, 17-6-24, 17-6-25, 17-6-48, 17-13-8 am'd.

Summary

HB202 would switch attorney general and state appellate judges to nonpartisan elections, create retention elections with a judicial evaluation process, and establish a Judicial Evaluation Commission to review judges seeking reelection.

What This Bill Does

It removes party designations from elections for the attorney general and state appellate judges and requires a special nonpartisan ballot. Candidates must file candidacy declarations without party affiliation and pay a qualifying fee (two percent of the office’s current salary) to the Secretary of State, with that fee split between the two major parties or an affidavit of indigency accepted instead. After terms, appellate judges would face retention elections (not contested elections) and be evaluated by a new Judicial Evaluation Commission, which would provide information and recommendations to the public prior to retention votes.

Who It Affects

• Candidates for state attorney general and state appellate judicial offices (must run nonpartisan, pay a filing fee or file indigency, and cannot list party affiliation).
• Two political parties (receiving the most votes in the previous election would split the qualifying fees collected).
• Secretary of State (collects filing fees or indigency affidavits and administers nonpartisan ballots).
• Appellate judges and justices (subject to retention elections and judicial evaluations).
• Judicial Evaluation Commission and its members (new body created to evaluate performance and oversee retention recommendations).
• Voters (ballots would be nonpartisan; retention decisions would be made by majority vote in general elections).
• Governor, Lieutenant Governor, and Speaker of the House (appoint members to the Judicial Evaluation Commission; Chief Justice or designated judicial member participates in commission structure).

Key Provisions

• Section 3: State appellate judicial offices and the state attorney general shall be nonpartisan and candidates for those offices shall be elected on a nonpartisan basis.
• Section 4: Filing declarations with the Secretary of State; required filing fee equal to two percent of the annual salary for the office; fee to be split between the two political parties; option to file an affidavit of indigency in lieu of paying the fee.
• Section 5-8: Official nonpartisan ballots with no party designations; offices listed in a set order; designation of places on the ballot for multiple offices; and candidate placement rules.
• Section 9: Election process for nonpartisan offices; if no majority in the initial election, the top two vote-getters go to the general election; tie-breaker rules described in the bill.
• Section 10: Retention Elections for appellate officers; eligibility to seek retention; requirements to file for retention; majority vote needed for retention; retention applies after term ends.
• Section 11: Establishment of the Judicial Evaluation Commission; 11 members (including non-attorney and attorney members and two judicial members); duties to evaluate retention candidates and provide recommendations to the public; confidentiality protections.
• Section 12-13: Amendments to election code to reinforce nonpartisan ballots for AG and appellate offices and to provide for the new ballot design and procedures; effective date set for the act.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judges