HB391 Alabama 2013 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2013

Title

Municipalities, mayors, vacancies, procedures for filling in municipalities when president of council declines the office of mayor and remains on council, Sec. 11-43-42.1 added

Summary

This bill allows the council president in certain municipalities to decline automatically becoming mayor when there is a vacancy and lets the council choose a new mayor from within the council or from other qualified voters.

What This Bill Does

The bill changes the current rule that the council president automatically becomes mayor in vacancies. The president can decline the succession by filing a written declaration with the municipal clerk within 72 hours of the vacancy. If declined, the council may fill the mayor's vacancy from its own members or from other qualified electors in the municipality, and the chosen person must meet all legal qualifications to be mayor. If enacted, the measure would take effect on the first day of the third month after passage.

Who It Affects

• Group 1: President of the council in municipalities that otherwise would automatically succeed to the office of mayor; they would have the option to decline and remain on the council.
• Group 2: The municipal council and qualified electors in the municipality, who would be involved in filling the mayoral vacancy (either from within the council or from outside) and the appointee must meet all mayor qualifications.

Key Provisions

• Allows the president of the council to decline automatic succession to the office of mayor by filing a written declaration with the municipal clerk within 72 hours of the vacancy.
• If declined, the council may fill the vacancy from its own membership or from qualified electors outside the council, with the appointee meeting all legal qualifications to be mayor.
• The act becomes effective on the first day of the third month following its passage and approval.

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

Subjects

Municipalities