SB129 Alabama 2018 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2018

Title

Vacancies, United States Senator, temporary appointment by Governor until next general election authorized, Sec. 36-9-7 repealed; Sec. 36-9-8 am'd

Summary

SB 129 would end the Governor’s power to appoint a U.S. Senator and require an election within 120 days to fill any vacancy.

What This Bill Does

It removes the Governor’s authority to appoint a temporary U.S. Senator. It requires the Governor to set an election to fill a vacancy within 120 days. The timing of the election depends on how close the vacancy is to a general election: if the vacancy is more than four months before a general election, an election is held to fill the unexpired term; if it is within four months but more than 60 days before the election, the vacancy is filled at that election; if it is within 60 days of the election, a special election is held after 60 days, with rules determining whether the next general election or another special election will fill the unexpired term, all within 120 days of the vacancy.

Who It Affects

• Governor of Alabama: loses appointment power and must order an election within 120 days of a vacancy.
• Voters in Alabama: will vote to elect a U.S. Senator to fill the vacancy, with timing dictated by how soon the next general election is.
• U.S. Senate candidates from Alabama: must run in the scheduled election to fill the vacancy, depending on whether it is the unexpired term or a subsequent term.

Key Provisions

• Repeals Section 36-9-7, removing the Governor's authority to appoint a temporary U.S. Senator.
• Amends Section 36-9-8 to require the Governor to order an election to fill a vacancy within 120 days of the vacancy.
• If vacancy occurs more than four months before a general election, an election is held to elect a Senator for the unexpired term.
• If vacancy occurs within four months but more than 60 days before a general election, the vacancy is filled at that general election.
• If vacancy occurs within 60 days before a general election, a special election is ordered after 60 days; the elected person serves the unexpired term.
• If the next general election will occur within 120 days of the vacancy, the successor for the unexpired term is elected at that general election; if not, a special election must be held within 120 days to fill the unexpired term.

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

Subjects

Legislature