SB 129

Under existing law, the Governor may make a temporary appointment to the office of United States Senator upon a vacancy in the office until a successor is elected and qualified

Also under existing law, whenever a vacancy occurs in the office of United States Senator less than four months but more than 60 days before a general election, the vacancy is filled at that election. If the vacancy occurs more than four months or less than 60 days before a general election, the Governor is required to call a special election

This bill would eliminate the authority of the Governor to appoint a person to a vacancy in the office of United States Senator and would provide that, upon a vacancy in the office, the Governor must set an election to fill the vacancy to be held within 120 days of the vacancy

To amend Section 36-9-8 of, and to repeal Section 36-9-7 of, the Code of Alabama 1975, relating to vacancies in the office of United States Senator; to require the Governor to set an election to be held within a specified time frame of a vacancy.

Section 1

Section 36-9-8 of the Code of Alabama 1975, is amended to read as follows:

§36-9-8. Whenever a vacancy occurs in the office of senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an election to be held by the qualified electors of the state to elect a senator of and from the State of Alabama to the United States Senate for the unexpired term. If the vacancy occurs within four months of but more than 60 days before a general election, the vacancy shall be filled at that election. If the vacancy occurs within 60 days before a general election, the Governor shall order a special election to be held on the first Tuesday after the lapse of 60 days from and after the day on which the vacancy is known to the Governor, and the senator elected at such special election shall hold office for the unexpired term, the successor shall be elected for the unexpired term at the next general election, if the general election will occur within 120 days of the vacancy. If the next general election will not be held within 120 days of the vacancy, the Governor shall set a special election for the election of a successor for the unexpired term, to be held within 120 days of the vacancy.

Section 2

Section 36-9-7 of the Code of Alabama 1975, is repealed.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.