HB311 Alabama 2012 Session

Summary

Primary Sponsor

Darrio Melton

Democrat

Session

Regular Session 2012

Title

Elections, procedure for recall of an incumbent elected officers provided, const. amend.

Summary

HB311 would amend the Alabama Constitution to create a recall process allowing qualified voters to petition for and hold recall elections of incumbent elected officers.

What This Bill Does

It adds a recall procedure for incumbents after the first year of their term, requiring signatures from at least 25% of the Governor’s vote in the relevant jurisdiction. A recall election would be scheduled about six weeks after filing the petition, and the incumbent would continue to perform duties until results are certified; if the incumbent declines within 10 days, they are deemed to have filed. The bill sets recall primary and election rules for nonpartisan and partisan offices, determines how candidates advance, and specifies replacement rules depending on election outcomes. After one recall election, no further recall petitions can be filed against the same officer during that term; the amendment is self-executing and mandatory, with laws allowed to facilitate but not hamper recall.

Who It Affects

• Qualified electors (voters) in Alabama, including those in states, counties, municipalities, or districts, who may petition for recall and participate in recall elections.
• Incumbent elected officers and the election officials and candidates who participate in recall petitions and recall elections.

Key Provisions

• Recall petitions require signatures from electors equal to at least 25% of the vote cast for Governor in the last preceding election in the relevant jurisdiction.
• A recall election is held on the Tuesday of the 6th week after filing the petition (or the next non-holiday Tuesday if that date is a holiday); incumbents continue to perform duties until results are official.
• If the incumbent declines within 10 days after filing, they are deemed to have filed for recall; other candidates may file for the office as in a special election.
• For nonpartisan offices, a recall primary is held to select the two finalists; for partisan offices, a recall primary is held for each party entitled to a separate ballot; the recall election uses the top vote-getters with rules about majority outcomes.
• If a candidate receives a majority in the recall primary (nonpartisan), they assume the remainder of the term and no recall election is held; otherwise, the recall election determines the replacement.
• For partisan offices, the top candidate for each party advances to the recall election; independents and non-separate-ballot candidates appear only on the recall election ballot.
• After one petition and recall election, no further recall petitions may be filed against the same officer during that term.
• The amendment is self-executing and mandatory; laws may be enacted to facilitate its operation but may not hamper the recall right.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments