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SB42 ENROLLED
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SB42
EJRPTC9-2
By Senator Kitchens
RFD: County and Municipal Government
First Read: 13-Jan-26
PFD: 07-Jan-26
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PFD: 07-Jan-26
Enrolled, An Act,
Relating to municipal elections; to amend Section
11-46-55, Code of Alabama 1975; to further provide for second
or runoff elections.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-46-55, Code of Alabama 1975, is
amended to read as follows:
"§11-46-55
(a)(1) Commencing at 12:00 noon on the first Tuesday
after the election, the municipal governing body shall proceed
to open the envelopes addressed to the governing body which
have been delivered by the returning officers to the municipal
clerk, canvass the returns, and ascertain and determine the
number of votes : (i) received by each candidate ; and (ii) for
and against each proposition submitted at the election. If it
appears that any candidate or any proposition in the election
has received a majority of the votes cast for that office or
on that question, the municipal governing body shall declare
the candidate elected to the office or the question carried,
and a certificate of election shall be given to the
individuals by the municipal governing body or a majority of
them, which shall entitle the individuals so certified to the
possession of their respective offices immediately upon the
expiration of the terms of their predecessors as provided by
law.
(2) If the certification results of provisional ballots
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(2) If the certification results of provisional ballots
cast at the election have been received from the board of
registrars prior to the first Tuesday after the election, or
if no provisional votes were cast in the election, the
municipal governing body, at any special or regular meeting,
may canvass the results before the first Tuesday after the
election.
(b) If a single office is to be filled at the election
and there is more than one candidate running, then the
majority of the votes cast for the office in the election
shall be ascertained by dividing the total votes cast for all
candidates for the office by two, and any number of votes in
excess of one half one-half of the total votes cast for all
candidates for the office shall be a majority within the
meaning of subsection (a).
(c) If two or more offices constituting a group are to
be filled and there are more candidates for election than
there are offices, then the majority of the votes cast for the
office in the election shall be ascertained by dividing the
total vote votes cast for all candidates for the offices by
the number of positions to be filled and then dividing the
result by two. Any number of votes in excess of the number
ascertained by the last division shall be the majority
prescribed in subsection (a) as necessary for election. If in
ascertaining the result in this way , it appears that more
candidates have obtained this majority than there are
positions to be filled, then those having the highest vote, if
beyond the majority just defined, shall be declared elected to
fill the positions.
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fill the positions.
(d) If no candidate receives a majority of all the
votes cast in the election for any one office or offices for
the election to which there were more than two candidates ,
then the municipal governing body shall order a second or
runoff election to be held on the fourth Tuesday following the
regular election, at which election the two candidates having
received the most and the second most second-most votes,
respectively, shall be candidates, and the individual
receiving the highest number of votes for that office in the
runoff election shall be declared elected.
(e) In the event one of the candidates for a particular
office in the a runoff or second election withdraws or dies,
then there need not be a second or runoff election to fill the
office. If there should be a tie vote cast at any runoff or
second election, then in that event the tie shall be decided
by the municipal governing body no later than 12:00 noon on
the first Tuesday following the second or runoff election. A
vote for a particular candidate by a majority of those members
eligible to vote of the governing body shall be necessary to
decide the election in his or her favor. If the municipal
governing body fails to break the tie, the elected candidate
shall be decided by lot by the judge of probate of the county
where the city or town hall is located no later than 5:00 p.m.
on the first Tuesday following the second or runoff election
in the presence of the candidates and other electors who
choose to be present.
(f) Any judge of probate who openly participated in the
promotion of candidates in the election that resulted in a tie
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promotion of candidates in the election that resulted in a tie
may not decide the outcome of the election and shall be
disqualified to do so. The presiding circuit court judge in
the county where the city or town hall is located shall
replace the disqualified judge of probate and shall conduct
the duties required herein by this section .
(g) Within 10 days of canvassing the results, the
municipal clerk shall file a copy of each certificate of
election with all of the following:
(1) The office of the judge of probate of the county in
which the city or town hall is situated. The judge of probate
shall file the certificate in the same manner that he or she
files the declaration of the result of elections to county
offices.
(2) The Secretary of State.
(3) The Alabama League of Municipalities."
Section 2. This act shall become effective on June 1,
2026.
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2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB42
Senate 29-Jan-26
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 07-Apr-26
By: Senator Kitchens
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