HB64 Alabama 2015 Session

Summary

Primary Sponsor

Dimitri Polizos

Republican

Session

Regular Session 2015

Title

Legislature, fill vacant position in certain circumstances, Section 46 (Section 46, Recompiled Constitution of Alabama of 1901, as amended) am'd., const. amend.

Summary

HB64 would amend the Alabama Constitution to allow the Governor to appoint a replacement for legislative vacancies that occur after the end of the third regular session, instead of requiring a special election.

What This Bill Does

If a vacancy happens after the end of the third regular session, the Governor would appoint someone to serve the rest of the unexpired term. The appointee would be chosen from a list of three candidates submitted by the vacating member's political party (or a nonpartisan process if the member had no party), must be a district resident, and must have been a member of the same party for at least six months prior to appointment. The appointee cannot run in the next general election. For vacancies before the end of the third regular session, the bill preserves the current election process, including potential unopposed elections and who pays the costs.

Who It Affects

• Members of the Alabama Legislature (Senators and Representatives) whose vacancies occur after the end of the third regular session, who would be filled by appointment rather than a special election.
• Political parties, which must provide a list of three prospective appointees from the same party as the vacating member for post-third-session vacancies.
• Constituents in the district of the vacating member, who would be represented by an appointed legislator for the remainder of the term.
• The Governor, who would act as the appointment authority under specified rules.
• If the vacating member was nonpartisan, residents of the district who are not affiliated with any party would be eligible for appointment.

Key Provisions

• Vacancies occurring after the end of the third regular session of a legislative quadrennium shall be filled by the Governor's appointment for the remainder of the unexpired term.
• For vacancies before the end of the third regular session, the Governor issues a writ of election to fill the vacancy, with unopposed candidates potentially avoiding a vote and costs paid if an election is held.
• The Governor must appoint within 60 calendar days after the first day of the vacancy, from a list of three prospective appointees provided by the vacating member's same political party within 30 calendar days after the vacancy begins.
• If the vacating member was affiliated with a party, the appointee must have been a member of the same party and a resident of the same district for at least six months prior to appointment.
• If the vacating member was nonpartisan, the Governor must appoint a person who is a resident of the same district and not a member of any political party (not affiliated for at least six months).
• The appointed person may not run in the next general election following the appointment.
• The amendment would require voter approval in a statewide election to take effect.

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