SB 208

Sponsor
Session
Regular Session 2018
Title
Elections, special elections to fill vacant state legislative seat, provided for, abbreviated process
Description

This bill would provide a process for special elections to fill a vacant seat for a member of the Legislature, whereby all candidates who legally qualify to run, including party candidates and independent candidates, would be placed on the same ballot, and the candidate who receives the most votes cast in the special election is deemed the winner of the election

This bill would require the Governor to call an election to take place not more than 62 days after a vacancy occurs

This bill would also authorize the Secretary of State to adopt rules

Relating to special elections for vacancies for state legislative offices; to provide a process for special elections whereby all candidates who legally qualify to run, including party candidates and independent candidates, would be placed on the same ballot, and the candidate who receives a majority of the votes cast in the special primary election would be deemed the winner of the special election; to require the Governor to call an election to take place not more than 62 days after a vacancy occurs; and to authorize the Secretary of State to adopt rules.

Subjects
Elections
View Original PDF: SB 208 - Introduced - PDF

This bill would provide a process for special elections to fill a vacant seat for a member of the Legislature, whereby all candidates who legally qualify to run, including party candidates and independent candidates, would be placed on the same ballot, and the candidate who receives the most votes cast in the special election is deemed the winner of the election

This bill would require the Governor to call an election to take place not more than 62 days after a vacancy occurs

This bill would also authorize the Secretary of State to adopt rules

Relating to special elections for vacancies for state legislative offices; to provide a process for special elections whereby all candidates who legally qualify to run, including party candidates and independent candidates, would be placed on the same ballot, and the candidate who receives a majority of the votes cast in the special primary election would be deemed the winner of the special election; to require the Governor to call an election to take place not more than 62 days after a vacancy occurs; and to authorize the Secretary of State to adopt rules.

Section 1

(a) This section applies to special elections to fill a vacant office for a member of the Legislature. (b) When a vacancy for the office of a member of the Legislature occurs, the Governor shall immediately call for a special election to take place no later than 62 days after the date the vacancy occurs. All candidates seeking nomination by a party to run for the vacant office shall file their declaration of candidacy with the state party chair no later than 5:00 p.m. 52 days before the date of the special election. The state party chair, no later than 5:00 p.m. 47 days before the special election, shall certify the names of all candidates to the Secretary of State. (c) All candidates seeking to run as an independent candidate for the vacant office shall file a written petition with the Secretary of State signed by electors qualified to vote in the election to fill the office no later than 5:00 p.m. 47 days before the date of the special election. The number of qualified electors signing the petition must equal or exceed two percent of the qualified electors who cast ballots for the office of Governor in the last general election for the district in which the candidate seeks to qualify. (d) Not less than 40 days before the date of the special election, the Secretary of State shall certify to the judge of probate of every county in which the election is to be held the names of the candidates who legally qualify to hold office and shall print the official ballot used at the special election, which shall contain the names of all candidates who legally qualify to hold office. (e) The candidate in the election who receives the most votes cast to fill the vacant office shall be declared by the Secretary of State as the winner of the election. (f) It is the intent of the Legislature that the provisions of this section be applied and construed, to the extent possible, in pari materia with Title 17, Code of Alabama 1975. Any inconsistent portions of Title 17, Code of Alabama 1975, are superseded by this section. (g) The Secretary of State may adopt rules to implement this section.

Section 2

This act shall become effective January 1, 2019.

No articles found.
Action Date Chamber Action
January 23, 2018SRead for the first time and referred to the Senate committee on Constitution, Ethics and Elections