HB 23

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

Under existing law, whenever a vacancy occurs, the Governor is authorized to make a temporary appointment to serve until a successor is elected and qualified

This bill would require the Governor to appoint a person to a vacancy in the office of United States Senator and issue a writ of election to fill the office for the remainder of the term at the next general election occurring more than one year after the vacancy occurs. This bill would also provide that if the vacancy occurs within 76 days of the general election immediately before the end of the term of the office, the election would proceed and if the incumbent received the most votes, there would be a vacancy in the office, to be filled by appointment of the Governor

To amend Section 36-9-7 of, and to repeal Section 36-9-8 of, the Code of Alabama 1975, relating to vacancies in the office of United States Senator; to provide for filling vacancies by appointment of the Governor until the next general election.

Section 1

Section 36-9-7 of the Code of Alabama 1975, is amended to read as follows:

§36-9-7.

The Governor may make temporary appointment of a senator in the Senate of the Congress of the United States from Alabama whenever a vacancy exists in that office, the appointee to hold office until his successor is elected and qualified. (a) If there is a vacancy in the office of United States Senator, including a vacancy described in subsection (b), the Governor shall appoint a person to the office to serve until a successor is elected at the next general election for which qualifying has not opened for any political party and shall issue a writ of election to fill the office for the remainder of the term at the next general election.

(b) For purposes of this section, if a vacancy in the office of United States Senator occurs less than 76 days before the general election next preceding the end of the term for the office, notwithstanding subsection (c) of Section 17-6-21, the votes for the office shall be canvassed, tabulated, and returns thereof made to the Secretary of State and counted in the same manner as elections for representatives in the Legislature. If the candidate receiving the most votes was the incumbent who vacated the office of United States Senator, a vacancy shall exist and the Governor shall appoint a person to fill the vacancy until a successor is elected and qualified pursuant to subsection (a)."

Section 2

Section 36-9-8 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.