Alabama Advisory Opinions July 17, 2001: AGO 2001-222 (July 17, 2001)

AGO 2001-222.

Dear Judge Brewer:

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

Are there any exceptions to section 28-2A-1 of the Code of Alabama that allow the City of Cullman to hold a special election on the sale of alcoholic beverages rather than waiting to hold the election on the date of the primary, general, countywide, or municipal election?

Municipalities with a population of 7000 or more may conduct a wet/dry referendum pursuant to the provisions of sections 28-2A-1, et seq ., of the Code of Alabama. ALA. CODE §§ 28-2A-1 to 28-2A-4 (1998). The date of the election is established pursuant to the requirements of section 28-2A-1(c) as follows:

Said municipal option election shall be held at the time of the primary, general, county-wide or municipal election next succeeding the date of the filing of said petition, provided, however, said election shall not be held within less than 30 days from the date of the filing of said petition. . . .

ALA. CODE § 28-2A-1(c) (1998) (emphasis added).

Your request states that, due to the dire financial situation of the city school system, a group of citizens would like to petition for a wet/dry referendum to be held as soon as possible without waiting until the primary, general, countywide, or municipal elections. You ask if there are any exceptions to the statute that would allow the city to set a special election date for this purpose. Section 28-2A-1(c) provides that the election shall be held at the same time as one of the elections specifically mentioned in the statute. No exceptions to these dates are provided, and no other provision of law allows the city or the county to set a different date or a special date for holding a wet/dry referendum.

A municipal wet/dry referendum must be held on the election dates specified in section 28-2A-1 of the Code of Alabama. A municipality is not allowed to set a special election date for the wet/dry referendum.

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

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

BP/BFS

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