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SB93 ENROLLED
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SB93
ZQP1FKK-3
By Senator Melson
RFD: County and Municipal Government
First Read: 13-Jan-26
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SB93 Enrolled
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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
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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.
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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.
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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
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