Alabama Advisory Opinions September 24, 2002: AGO 2002-346 (September 24, 2002)

AGO 2002-346.

Dear Mr. Wise:

This opinion of the Attorney General is issued in response to your request on behalf of the Town of Lester.

Given that the Town of Lester has not held elections or provided notice of elections for several years, can the Town hold a special election for the offices of mayor and town council despite the fact that it is not a municipal election year according to section 11-46-21 of the Code of Alabama?

Your request states that the Town of Lester has not held municipal elections for several years, and it has not provided a notice of election or a notice to qualify for municipal office to its inhabitants for several years. The Town would like to hold a special election for the offices of mayor and town council, but questions whether it can do so given that the present year is not a municipal election year according to section 11-46-21 of the Code of Alabama.

Municipal elections must be held in accordance with section 11-46-21 of the Code of Alabama, unless a municipality is governed by class legislation that sets different times for the municipal election. Section 11-46-21 provides as follows:

(a) The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 1984, and quadrennially thereafter, and, when necessary as provided in subsection (d) of Section 11-46-55, a second or runoff election shall be held on the third Tuesday next thereafter following said regular election.

ALA. CODE § 11-46-21 (1992). Pursuant to this section, the next regular municipal election should be held in August of 2004. There is no authority in the Code of Alabama for the Town to hold a special election under the stated circumstances.

Accordingly, the Town of Lester may not hold an election to elect the mayor and council members until August 2004.

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

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