Senate Bill 42 Alabama 2026 Session

Updated Feb 12, 2026

Summary

Primary Sponsor: Wes KitchensSenator
Republican
Session: 2026 Regular Session
Title: Municipal elections; runoff elections, procedures revised
Summary: SB42 would require a runoff election between the top two vote-getters in any Alabama municipal election if no candidate wins a majority, even in two-candidate races.
What This Bill Does
The bill expands the runoff rule so that any municipal election with no majority triggers a runoff between the two leading candidates, including races with only two candidates on the ballot. The runoff would be held on the fourth Tuesday after the regular election, and the candidate with the most votes in the runoff would win. It keeps existing canvassing and certification processes but adds tie-breaking steps for runoff results, including a possible lottery by the county probate judge if there is a tie. It requires the certificate of election to be filed with the county judge of probate, the Secretary of State, and the Alabama League of Municipalities within 10 days after canvassing, and it becomes effective on June 1, 2026.

Who It Affects
Municipal voters in Alabama: may participate in an additional runoff if no candidate gets a majority, even in two-candidate races.
Municipal governing bodies and election staff (including mayors, city councils, city clerks, and county probate judges): must conduct runoff elections, apply the majority rules, manage tie-breaking, and file required certificates.

Key Provisions
Amends Section 11-46-55 to require a runoff between the top two vote-getters in any municipal election if no candidate receives a majority.
Runoff must occur on the fourth Tuesday after the regular election; the two candidates with the most and second-most votes participate in the runoff.
If a candidate withdraws or dies before the runoff, no runoff is required for that office.
Tie-breaking rules: if the runoff results in a tie, the municipal governing body decides by a majority vote; if it cannot decide, a lottery is used by the county probate judge to determine the winner.
Disqualification rule: a probate judge who promoted candidates in the tied election cannot decide the outcome; a different judge from the presiding circuit court handles the tie.
Filing of certificates: within 10 days of canvassing, the clerk must file the certificate of election with the county judge of probate, the Secretary of State, and the Alabama League of Municipalities.
Effective date: June 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Counties & Municipalities