SB 15

Sponsor
Session
Regular Session 2018
Title
Legislature, House or Senate, vacancies, after Oct 1 of third year, seat to remain vacant until next term, Sec. 46 repealed and replaced, const. amend.
Description

Proposing an amendment to the Constitution of Alabama of 1901; to provide that, if a vacancy in either the House of Representatives or the Senate occurs on or after October 1 of the third year of a quadrennium, the seat would remain vacant until a successor is elected at the next succeeding general election.

Subjects
Constitutional Amendments
View Original PDF: SB 15 - Engrossed - PDF

Proposing an amendment to the Constitution of Alabama of 1901; to provide that, if a vacancy in either the House of Representatives or the Senate occurs on or after October 1 of the third year of a quadrennium, the seat would remain vacant until a successor is elected at the next succeeding general election.

Section 1

The following amendment to the Constitution of Alabama of 1901, as amended, is proposed and shall become valid as a part thereof when approved by a majority of the qualified electors voting thereon and in accordance with Sections 284, 285, and 287 of the Constitution of Alabama of 1901, as amended: PROPOSED AMENDMENT Part 1. Section 46 of the Constitution of Alabama of 1901, and Amendment 97 to the Constitution of Alabama of 1901, both now appearing as Section 46 of the Official Recompilation of the Constitution of Alabama of 1901, are repealed. Part 2. Section 46 is added to the Constitution of Alabama of 1901, to read as follows: Section 46. (a) Senators and representatives shall be elected by the qualified electors on the first Tuesday after the first Monday in November unless the Legislature shall change the time of holding elections and in every fourth year thereafter. The terms of office of the senators and representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election, except as otherwise provided in this Constitution. At the general election in the year nineteen hundred and two all the representatives, together with the senators for the even numbered districts and for the thirty-fifth district, shall be elected. The terms of those senators who represent the odd numbered districts under the law in force prior to the ratification of this Constitution, are hereby extended until the day after the general election in the year nineteen hundred and six; and until the expiration of his or her term as hereinbefore extended, each such senator shall represent the district established by this Constitution, bearing the number corresponding with that for which he or she was elected. In the year nineteen hundred and six, and in every fourth year thereafter, all the senators and representatives shall be elected. (b) When a vacancy occurs in either house of the Legislature, the Governor shall issue a writ of election to fill the vacancy for the remainder of the term. However, if the Secretary of State determines that a legally qualified candidate for election to the vacancy is unopposed when the last date for filing certificates of nomination has passed, the election shall not be held. The Secretary of State shall issue a certificate of election to the candidate, the same as if an election had been held, and the certificate shall be accepted by the house in which the vacancy occurred as evidence of the unopposed candidate's right to fill the position created by the vacancy. In the event an election is held, all the costs and expenses incurred thereby shall be paid out of any funds in the State Treasury not otherwise appropriated. (c) When a vacancy occurs in either house of the Legislature with less than two years remaining in the term, the Governor shall appoint a person qualified to hold the office for the remainder of the term. A person so appointed may not run for election to the office at the election for the next full term of office for the office.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 285 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Proposing an amendment to the Constitution of Alabama of 1901, to provide that a vacancy in either house of the Legislature occurring with less than two years remaining in the term would be filled by appointment by the Governor rather than by a special election and to prohibit a person appointed to fill the vacancy from running for election to the office for the next full term of office.

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."

No articles found.
Action Date Chamber Action
March 21, 2018SAssigned Act No. 2018-276.
March 21, 2018HSignature Requested
March 21, 2018SEnrolled
March 21, 2018SPassed Second House
March 20, 2018HMotion to Read a Third Time and Pass adopted Roll Call 926
March 20, 2018HThird Reading Passed
March 8, 2018HRead for the second time and placed on the calendar
March 1, 2018HRead for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections
March 1, 2018SEngrossed
March 1, 2018SMotion to Read a Third Time and Pass adopted Roll Call 576
March 1, 2018SMotion to Adopt adopted Roll Call 575
March 1, 2018SGlover first Substitute Offered
March 1, 2018SThird Reading Passed
January 25, 2018SRead for the second time and placed on the calendar
January 9, 2018SRead for the first time and referred to the Senate committee on Constitution, Ethics and Elections
2018-03-20
Chamber: House
Result: Passed
2018-03-01
Chamber: Senate
Result: Passed
2018-03-01
Chamber: Senate
Result: Passed