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HB471 INTRODUCED
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HB471
3PILIZE-1
By Representatives Mooney, Bolton, Easterbrook, Fincher,
Starnes, Stubbs (Constitutional Amendment)
RFD: State Government
First Read: 17-Feb-26
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3PILIZE-1 02/17/2026 PMG (L)cr 2026-941
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First Read: 17-Feb-26
SYNOPSIS:
Under the state constitution, if the office of
Governor becomes vacant for any reason, the Lieutenant
Governor becomes Governor, and if both the office of
Governor and Lieutenant Governor become vacant more
than 60 days before a general election at which state
officers are elected, a Governor and Lieutenant
Governor shall be elected at that election for the
unexpired term. The state constitution also provides
for the order of succession of state officers to serve
as Governor during any vacancy of both Governor and
Lieutenant Governor.
This bill would propose an amendment to the
Constitution of Alabama of 2022, to provide that if the
office of Lieutenant Governor becomes vacant more than
60 days before a general election at which state
officers are elected, a Lieutenant Governor shall be
elected at that election for the unexpired term.
A BILL
TO BE ENTITLED
AN ACT
Proposing an amendment to Section 127 of the
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Proposing an amendment to Section 127 of the
Constitution of Alabama of 2022, relating to the Office of
Lieutenant Governor; to require the office to be filled by
election rather than remain vacant in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
Section 127 of the Constitution of Alabama of 2022, is
amended to read as follows:
"Section 127
(a) In case of the governor's removal from office,
death or resignation If a vacancy occurs in the office of the
governor , the lieutenant governor shall become governor.
(b) If both a vacancy occurs in the office of the
governor and the office of the lieutenant governor be removed
from office, die or resign more than sixty60 days prior to the
next general election , at which any state officers are to be
elected, a governor and lieutenant governor shall be elected
at such election for the unexpired term ., and in the event of
a vacancy in the office, caused by the removal from office,
death or resignation of the governor and lieutenant governor,
pending During such vacancy and until their successors shall be
elected and qualified, the office of governor shall be held
and administered by either the president pro tem.tempore of
the senate, speaker of the house of representatives,
attorney-general, state auditor, secretary of state, or state
treasurer in the order herein named.
(c) In case of the impeachment of the governor, his or
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(c) In case of the impeachment of the governor, his or
her absence from the state for more than twenty days,
unsoundness of mind, or other disability or incapacity to
serve, the power and authority of the office shall , until the
governor is acquitted, returns to the state, or is restored to
his mind, or relieved from other disability no longer
incapacitated , shall devolve in the order herein
named, described in subsection (b) upon the lieutenant
governor, president pro tem.tempore of the senate, speaker of
the house of representatives, attorney-general, state auditor,
secretary of state, and state treasurer. If any of these
officers be are under any of the disabilities herein
specified, the office of the governor shall be administered in
the order named by such of these officers as may be are free
from such disability.
(d) If the governor shall be is absent from the state
over twenty days, the secretary of state shall notify the
lieutenant governor, who shall enter upon the duties of
governor; if both the governor and lieutenant governor shall
be are absent from the state over twenty days, the secretary
of state shall notify the president pro tem.tempore of the
senate, who shall enter upon the duties of governor, and so
on, in case of such absence, he or she shall notify each of
the other officers named in their the order of succession
herein provided , who shall discharge the duties of the office
until the governor or other officer entitled to administer the
office in succession to the governor returns.
(e) If the governor-elect fail or refuse from any cause
to qualify, the lieutenant governor-elect shall qualify and
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to qualify, the lieutenant governor-elect shall qualify and
exercise the duties of governor until the governor-elect
qualifies .; and in the event both If both the governor-elect
and the lieutenant governor-elect from any cause for any
reason fail to qualify, the president pro tem. tempore of the
senate, the speaker of the house of representatives, the
attorney-general, state auditor, secretary of state, and state
treasurer, shall, in like manner, in the order named,
administer the office until the governor-elect or lieutenant
governor-elect qualifies.
(f) If a vacancy occurs in the office of the lieutenant
governor more than 60 days before the next general election at
which any state officers are to be elected, a lieutenant
governor shall be elected at such general election for the
unexpired term. "
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END OF PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284 and 285 of the
Constitution of Alabama of 2022, and the election laws of this
state. The appropriate election official shall assign a ballot
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state. 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 2022, to provide for the election of a Lieutenant Governor
if the Office of Lieutenant Governor becomes vacant during the
first two years of a term.
Proposed by Act ____. "
This description shall be followed by the following
language:
"Yes( ) No( ). "
Section 3. The proposed amendment shall become valid as
a part of the Constitution of Alabama of 2022, when approved
by a majority of the qualified electors voting thereon.
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