HB123 Alabama 2018 Session

Summary

Primary Sponsor

Victor Gaston

Republican

Session

Regular Session 2018

Title

Legislature, House or Senate, vacancies, if less than two years left in term, gov. would appt., adding new Sec. 46, const. amend.

Summary

HB 123 would amend the Alabama Constitution so that a legislative vacancy with less than two years left in the term is filled by the Governor's appointment, and the appointee cannot run for the next full term.

What This Bill Does

If a seat in the House or Senate becomes vacant with less than two years left, the Governor would appoint a qualified person to finish the term instead of holding a special election. The appointed person would be ineligible to run in the election for the next full term. For vacancies with two or more years left, the current process remains (a writ of election to fill the remainder of the term), with related election costs paid from state funds if an election is held.

Who It Affects

• Group 1 affected and how: Members of the Alabama House and Senate in districts with a vacancy of less than two years left—their seat would be filled by the Governor's appointment rather than by a special election, and the appointee would not be eligible to run for the next full term.
• Group 2 affected and how: The Governor—gains authority to appoint a replacement for short-term vacancies instead of ordering a special election.

Key Provisions

• For vacancies occurring with less than two years remaining in the term, the Governor shall appoint a person qualified to hold the office to serve the remainder of the term.
• The appointed person may not run in the election for the next full term of the office.
• Vacancies with two or more years remaining would continue to be filled by election (writ of election), as currently described in the law.
• The amendment repeals the existing Section 46 and adds a new Section 46 to reflect the appointment rule for short-term vacancies.

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