HB263 Alabama 2014 Session

Under existing municipal election law, there is no provision addressing the procedures to be followed when a candidate dies prior to the election

This bill would specify that if a candidate dies prior to the election, the deceased candidate is deemed to be withdrawn from the election. This bill would further specify that if only one candidate for the office remains due to a withdrawal, the remaining candidate would be deemed elected to the office

Under existing municipal election law, the mayor is required to deliver absentee election supplies to the clerk not less than 21 days prior to an election. Title 17, Code of Alabama 1975, requires the official list of qualified voters to be furnished to the absentee election manager in a municipal election at least 35 days prior to an election

This bill would specify the deadline of delivery of election supplies to no less than 35 days prior to an election in order to conform to Title 17

Under existing municipal election law, the term voting machines is used in Chapter 46 of Title 11, Code of Alabama 1975. The term voting machines in Chapter 46 generally applies to mechanical voting machines. Other election laws authorize the governing bodies of counties, municipalities, and other political subdivisions to adopt and direct the use of electronic vote counting systems

This bill would distinguish voting machines from electronic vote counting systems in municipal elections in order to clarify that the statutory requirements applicable to voting machines do not apply to municipalities using electronic vote counting systems

Under existing municipal election law, in the event of a tie after a runoff election, the municipal governing body votes to determine the winner. Section 17-12-23, Code of Alabama 1975, requires that, when there is a tie between the two highest candidates for the same office in a runoff election, the winner is decided by lot

This bill would provide that in a municipal election, the municipal governing body would have one week from the runoff election canvassing date to decide the winner of the runoff election. If the governing body fails to act within that time, the tie would be decided by lot not later than 5:00 P.M. on the first Tuesday following the runoff election

Relating to municipal elections conducted pursuant to Chapter 46 of Title 11, Code of Alabama 1975; to amend Section 11-46-25, Code of Alabama 1975, to provide that when a candidate dies prior to the election, the candidate's death results in withdrawal from the election; to amend Section 11-46-26, Code of Alabama 1975, to provide that when a candidate's withdrawal, by death or otherwise, results in only one person remaining as a candidate for office, then the remaining candidate would be deemed elected to the office; to amend Section 11-46-32, Code of Alabama 1975, to change the deadline requirement for delivery of absentee election supplies from 21 days to 35 days prior to the election date; to amend Section 11-46-33, Code of Alabama 1975, to distinguish the term voting machines from electronic vote counting systems as defined in Title 17, Code of Alabama 1975; and to amend Section 11-46-55, Code of Alabama 1975, to provide the procedure to establish the winner of a municipal election in the event of a tie after the runoff election.