HB397 Alabama 2019 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Nathaniel LedbetterRepresentative
Republican
Session: Regular Session 2019
Title: DeKalb Co., City of Fort Payne, city council, election of members further provided for, vacancies, Sec. 45-25A-40 am'd.
Summary: HB 397 rewrites Fort Payne's city council elections by removing seat numbering and changing how winners and vacancies are decided.
What This Bill Does
It eliminates designation of council seats by place numbers. The five-member council election uses the top 10 vote-getters to enter a runoff for the five seats, with a majority calculated from total votes divided by the number of seats. If a candidate earns a majority, they are elected; if more candidates have a majority than seats, the highest remaining candidates fill the extra seats. If no majority is reached, a runoff is held with twice the number of remaining seats; vacancies are filled either by special election for long vacancies or by council appointment within 30 days for mid-term vacancies, and the act becomes effective immediately after the governor's approval with other election laws remaining in effect.

Who It Affects
Residents and voters of Fort Payne, since the way city council winners are determined and vacancies are filled will change.
Candidates for Fort Payne city council and current council members, due to new runoff rules, majority calculations, and vacancy procedures.

Key Provisions
Fort Payne cannot designate council seats by place numbers or similar methods.
Election process for five council seats: top 10 vote-getters proceed to a runoff for five seats with a calculated majority threshold based on total votes and positions.
If a candidate has a majority, they are elected; if more candidates have a majority than seats, the highest vote-getters fill the remaining seats.
If fewer than five candidates reach a majority, a runoff is held with twice the number of remaining seats.
Vacancies lasting more than 12-24 months must be filled by a special election on a pro rata basis, for the remainder of the term.
Vacancies occurring within 12-24 months of quadrennial elections with a mayor must be filled by council appointment within 30 days to serve the unexpired term.
All other election provisions remain in effect; the act becomes effective immediately after governor's approval.

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