Alabama Advisory Opinions July 06, 2000: AGO 2000-183 (July 6, 2000)

AGO 2000-183.

Dear Judge Fuhrmeister:

This opinion of the Attorney General is issued in response to your request.

How should the election provisions for the North Shelby Library Board, contained in Act 2000-358, be implemented?

House Bill 335 ("the Act") passed the Legislature on April 27, 2000, and was signed into law by Governor Don Siegelman. It was assigned Act No. 2000-358 by the Secretary of State on May 3, 2000. The Act will become effective "on the first day of the third month following its passage and approval by the Governor" or August 1, 2000.

The Act amended the provisions of local law that authorized the creation of a library board ("the board") in Shelby County to alter the process for electing the members of the board. It provides, in pertinent part:

The affairs and business of the district shall be managed by a library board consisting of five members who shall be elected by the qualified electors residing in the district. The current board members on the effective date of this act elected at the general election in November 1996, shall serve until October 1, 2000 . . . . The library board shall conduct the elections for board membership on the second Tuesday of September of every even year, to take office on October 1, of that year and every four years thereafter. . . .

A person who desires to run for the board shall file a notice of candidacy for a place on the board with the judge of probate on or before July 15 preceding the election.

Your question arises because the date to qualify to seek election for the vacancies that will occur on October 1 is July 15, which is before the effective date of the Act, August 1. Consequently, no candidate will be able to qualify for election to the positions on the board that will become vacant on October 1. The statute does, however, provide a process to fill vacancies when "there is a place for which no candidate has been nominated." 2000 Ala. Acts No. 2000-358, § 9(d). The Act provides that "[i]n the event of a vacancy on a library board, the place vacant shall be filled by the majority vote of the remaining membership on the board for the unexpired term of the vacant position." Id. The members of the board whose terms expire on October 1 "shall continue to hold office until the vacancy is filled." 2000 Ala. Acts No. 2000-358 § 9(d).

Because no one can qualify to run for the positions that expire on October 1, 2000, vacancies in those positions will exist on October 1 and should be filled by majority vote of the remaining membership of the board. The appointed members would serve a full four-year term.

Because no one can qualify to run for the positions that expire on October 1, 2000, vacancies in those positions will exist on October 1 and should be filled by majority vote of the remaining membership of the board.

I hope this opinion answers your question. If this Office can be of further assistance, please contact Troy King of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/CJS/TRK

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