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SB23 • 2026

Elections; special primary election for redistricting authorized in certain circumstances

Elections; special primary election for redistricting authorized in certain circumstances

Elections
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Gudger
Last action
2026-04-07
Official status
Indefinitely Postponed in House of Origin
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Special Primary Election for Redistricting

This bill allows a special primary election to be held if district boundaries are changed too late to fit into the regular primary schedule.

What This Bill Does

  • Requires a new special primary election when legislative or congressional district boundaries change after the normal primary election schedule has been set.
  • Limits the special primary election to districts affected by redistricting changes.
  • Specifies that candidates who were eligible for the regular primary remain eligible for the special primary, subject to party rules.
  • Requires the Governor to issue a proclamation within five days of an event triggering a new special primary election.

Who It Names or Affects

  • Voters in districts affected by late redistricting changes
  • Candidates running for legislative or congressional offices

Terms To Know

Redistricting
The process of adjusting the boundaries of electoral districts, usually to reflect population changes.
Primary election
An election held before a general election where voters choose their party's candidates for office.

Limits and Unknowns

  • Does not specify what happens if the special primary cannot be completed by August.
  • The bill does not change regular primary elections when no district boundary changes occur.
  • It is unclear how this will affect voter turnout and election administration.

Bill History

  1. 2026-04-07 Senate

    Currently Indefinitely Postponed

  2. 2026-01-20 Senate

    Read for the Second Time and placed on the Calendar

  3. 2026-01-20 Senate

    Reported Out of Committee House of Origin

  4. 2026-01-13 Senate

    Pending Committee Action in House of Origin

  5. 2026-01-13 Senate

    Read for the first time and referred to the Senate Committee on County and Municipal Government

Official Summary Text

Elections; special primary election for redistricting authorized in certain circumstances

Current Bill Text

Read the full stored bill text 
SB23 INTRODUCED
Page 0
SB23
XDIPN7Z-1
By Senator Gudger
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 04-Nov-25
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XDIPN7Z-1 11/03/2025 PMG (L)PMG 2025-3209
Page 1
PFD: 04-Nov-25
SYNOPSIS:
Under existing law, primary elections for
offices other than municipal offices are set to occur
in May on the Tuesday preceding Memorial Day, except in
years when a presidential primary is occurring, in
which case the primary election is set for the first
Tuesday in March.
Also under existing law, a special primary
election can be called by the Governor or as provided
by law.
This bill would require a new special primary
election to be held if: (i) the boundaries of one or
more legislative or congressional districts to be used
in the next general election are changed or altered by
either an act of the Legislature or by final order,
judgment, or mandate from a state or federal court
which permits or requires the use of legislative or
congressional district boundaries, and (ii) the change
or alteration is made at a time too late to be
accommodated during the normal primary election
schedule.
This bill would specify that the special primary
election would only affect those districts impacted by
the redistricting.
This bill would provide further for the
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SB23 INTRODUCED
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This bill would provide further for the
qualification of candidates affected by the
redistricting.
A BILL
TO BE ENTITLED
AN ACT
Relating to primary elections; to add Section 17-13-3.1
to the Code of Alabama 1975; to authorize a new special
primary election for districts affected by the redistricting
of legislative or congressional districts under certain
circumstances; and to provide further for the qualification of
affected candidates.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-13-3.1 is added to the Code of
Alabama 1975, to read as follows:
§17-13-3.1
(a) In the event: (i) the boundaries of one or more
legislative or congressional districts to be used in the next
general election are changed or altered by either an act of
the Legislature or by order, judgment, or mandate from a state
or federal court which permits or requires the use of
legislative or congressional district boundaries, and (ii) the
change or alteration is made at a time too late to be
accommodated during the normal primary election schedule held
or to be held in accordance with this chapter, the state shall
hold a new special primary election for the affected districts
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SB23 INTRODUCED
Page 3
hold a new special primary election for the affected districts
in accordance with this section, so long as the special
primary election can be completed by the last day of August. A
special primary election held pursuant to this section shall
be required for the affected districts regardless of whether a
regular primary election was held for all or part of the
affected districts under the previous boundary lines.
(b) No candidate shall be deemed the party nominee of a
political party for an affected office based solely on the
results of the regular primary election if a new special
primary election is required under subsection (a). Any
official certification of results of any regular primary
election for an affected office are void for purposes of
determining the party nominee once a new special primary
election is required under this section. However, a candidate
who was eligible and qualified for the regular primary
election for an affected legislative or congressional district
office shall remain eligible to appear on the ballot for the
new special primary election, subject to laws and party rules
not inconsistent with this chapter. The certification of a
nominee for an affected office shall be based solely on the
results of the new special primary election conducted under
this section and any runoff election.
(c) Within five calendar days of the occurrence of an
event described in subsection (a) which triggers a new special
primary election, the Governor shall issue a proclamation
calling for the new special primary election.
(d) To the extent Section 17-13-3(d) is consistent with
this section, the provisions of that subsection shall apply to
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SB23 INTRODUCED
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this section, the provisions of that subsection shall apply to
the new special primary election under this section.
(e)(1) Nothing in this section prohibits a party from
choosing its candidates by any means allowed by law other than
by primary election.
(2) Nothing in this section shall alter the timing of
regular primary elections when no change in district
boundaries has occurred as described in subsection (a).
(3) Nothing in this section shall be construed to alter
the date scheduled for the general election.
Section 2. This act shall become effective immediately.
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