Back to Alabama

SB93 • 2026

Municipalities; mayor in municipality with even number of council members required to break tie vote

Municipalities; mayor in municipality with even number of council members required to break tie vote

Elections
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Melson
Last action
2026-04-17
Official status
Enacted
Effective date
2026-10-01

Plain English Breakdown

The source confirms the effective date is October 1, 2026, but does not specify if any municipalities have already passed resolutions prior to this date.

Mayors Breaking Tie Votes in Even-Sized Councils

This law allows mayors of municipalities with an even number of council seats to vote only when there is a tie, but only if the local government has passed a resolution allowing it.

What This Bill Does

  • Amends Section 11-43-2 of the Code of Alabama regarding mayor voting rules.
  • Allows mayors in municipalities with an even number of council seats to vote as a member of the council only when there is a tie vote, provided the local governing body has adopted a resolution authorizing this action.

Who It Names or Affects

  • Mayors and city councils in Alabama municipalities that have an even number of council seats.
  • Local governing bodies responsible for passing resolutions to authorize mayoral tie-breaking votes.

Terms To Know

Resolution
An official decision or rule adopted by a local government body.
Tie vote
A situation where the number of yes votes equals the number of no votes on council business.

Limits and Unknowns

  • This rule applies only to municipalities with an even number of council seats.
  • The mayor cannot use this power unless the local governing body has first passed a resolution authorizing it.
  • In cities and towns with populations of 12,000 or more, mayors generally do not sit on the council or vote in its proceedings under existing rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

FKWBQ55-1

R 75 • Melson

Adopted

Plain English: This amendment changes the rule so that in cities with an even number of council members, the mayor is allowed to cast a vote as part of the council.

  • The text now says the mayor may vote as a member of the council when there are an even number of seats.
  • The amendment only shows one specific line change, so it is unclear if this replaces a rule that previously required the mayor to break ties or just clarifies their voting power.
  • Because the full original text and surrounding context are missing, we cannot explain exactly how this changes the previous law beyond what is written in the new sentence.
QNWK951-1

R 76 • Melson

Adopted

Plain English: This amendment changes the rule so that mayors in towns with an even number of council members can only break a tie vote if their local government has officially passed a resolution allowing it.

  • Mayors are no longer automatically required to cast a deciding vote when the city or town council is tied.
  • The amendment text only shows the new wording and does not include the original sentence, so we cannot see exactly what words were removed.
  • It is unclear if this change applies to all types of municipalities or just specific ones mentioned elsewhere in the bill.

Bill History

  1. 2026-04-17 Senate

    Enacted

  2. 2026-04-09 House

    Motion to Read a Third Time and Pass - Adopted Roll Call 1330 (Yeas 104, Nays 0)

  3. 2026-04-09 House

    Signature Requested

  4. 2026-04-09 Senate

    Delivered to Governor

  5. 2026-04-09 Senate

    Enrolled

  6. 2026-04-09 Senate

    Ready to Enroll

  7. 2026-01-29 House

    Read for the Second Time and placed on the Calendar

  8. 2026-01-28 House

    Reported Out of Committee Second House

  9. 2026-01-22 House

    Pending Committee Action in Second House

  10. 2026-01-22 House

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

  11. 2026-01-21 Senate

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 77 (Yeas 29, Nays 0)

  12. 2026-01-21 Senate

    Melson motion to Adopt - Adopted Roll Call 76 (Yeas 29, Nays 0)

  13. 2026-01-21 Senate

    Melson motion to Adopt - Adopted Roll Call 75 (Yeas 29, Nays 0)

  14. 2026-01-21 Senate

    Third Reading in House of Origin (Yeas 29, Nays 0)

  15. 2026-01-21 Senate

    Engrossed

  16. 2026-01-21 Senate

    Melson 2nd Amendment Offered

  17. 2026-01-21 Senate

    Melson 1st Amendment Offered

  18. 2026-01-14 Senate

    Read for the Second Time and placed on the Calendar

  19. 2026-01-14 Senate

    Reported Out of Committee House of Origin

  20. 2026-01-13 Senate

    Pending Committee Action in House of Origin

  21. 2026-01-13 Senate

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

Official Summary Text

This act amends Section 11-43-2, Code of Alabama 1975, to provide that in any municipality with an even number of city council seats, the mayor may vote as a member of the council in the case of a tie vote of the council if the council has adopted a resolution authorizing the mayor to do such.

Current Bill Text

Read the full stored bill text
SB93 ENROLLED
Page 0
SB93
ZQP1FKK-3
By Senator Melson
RFD: County and Municipal Government
First Read: 13-Jan-26
1
2
3
4
5
SB93 Enrolled
Page 1
First Read: 13-Jan-26
Enrolled, An Act,
Relating to municipalities; to amend Section 11-43-2,
Code of Alabama 1975; to further provide for legislative
functions of a mayor in certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-43-2, Code of Alabama 1975, is
amended to read as follows:
"§11-43-2
(a)(1) Except as provided in subsection (c) and
subdivision (2) , in all cities and towns at the general
election to be held at the time provided by law, and
quadrennially thereafter, there shall be elected a mayor, who,
in cities having a population of 12,000 or more according to
the last or any subsequent federal census, shall not sit with
the council nor have a vote in its proceedings, and he or she
shall have the power and duties conferred in this chapter.
(2) In all cities and towns with an even number of
council seats, the mayor may vote as a member of the council
in the case of any tie vote of the council, provided that the
local governing body has adopted a resolution authorizing the
mayor to act as such.
(b) In all cities and towns having a population of less
than 12,000 inhabitants according to the last or any
subsequent federal census, the legislative functions shall be
exercised by the mayor and five aldermen. The mayor shall
preside over all deliberations of the council. At his or her
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SB93 Enrolled
Page 2
preside over all deliberations of the council. At his or her
discretion , he or she the mayor may vote as a member of the
council on any question coming to a vote, except in case of a
tie, in which event he or she must vote.
(c)(1) Notwithstanding subsection (a), cities and towns
having a population of 12,000 or more inhabitants , but less
than 25,000 inhabitants , according to the most recent federal
decennial census, by ordinance adopted by a majority vote of
the council at least six months prior to the next general
municipal election, may elect to operate pursuant to
subsection (b) as it relates to the exercise of the
legislative functions of the mayor until the population of the
city or town is 25,000 inhabitants or more according to the
most recent federal decennial census.
(2) Any city or town having a population of 12,000 or
more inhabitants , but less than 25,000 inhabitants according
to the most recent federal decennial census , which has elected
to operate under subsection (b) by ordinance adopted by a
majority vote of the council at least six months prior to the
next general election, may elect to operate under subsection
(a).
(d) The aldermen in the cities or towns shall be
elected by the city or town at large at the general election
held at the time provided by law , and quadrennially
thereafter, or from wards as the councils may determine , not
less than six months before an election, and shall receive
such salary as the council may prescribe, which must be fixed
by the council not less than six months prior to each general
municipal election.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
SB93 Enrolled
Page 3
municipal election.
(e) The six-month requirement in this section may be
waived when necessary to comply with a mandate by the U.S.
Justice Department pursuant to the Voting Rights Act of 1965,
as amended, or with an order issued by a state or federal
court."
Section 2. This act shall become effective on October
1, 2026.
57
58
59
60
61
62
63
SB93 Enrolled
Page 4
1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB93
Senate 21-Jan-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 09-Apr-26
By: Senator Melson
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96