Alabama Advisory Opinions April 20, 1981: AGO 81-00337 (April 20, 1981)

Advisory Opinion Text

James R. Solomon, Jr. Deputy Attorney General

Walter S. Turner Chief Assistant Attorney General

William M. Bekurs. Jr. Executive Assistant

Jamie Nobles Administrative Assistant

Honorable J. Wagner Finnell

City Attorney

City of Tuscaloosa

P.O. Box 2089

Tuscaloosa, AL 35403

Municipalities - Elections -Public Notice

Municipal elections in Tuscaloosa ! to be conducted under provisions of Act 80-93, an act amending municipal election laws in commission cities of under 300,000, in all instances in which said act conflicts with Act No. 491, Acts of Alabama 1961, which was enacted as a general bill of local application.

Dear Mr. Finnell:

This office has received the opinion request of the City of Tuscaloosa, a municipality with a commission form of government functioning pursuant to Act No. 491, Acts of Alabama 1961, a general bill of local application at the time of its enactment, as subsequently amended. In 1980 the Legislature enacted Act No. 80-93, Acts of Alabama 1980, p. 132, a general law now codified in Code of Alabama 19 75, §§ 11-46-90 through 11-46-144, changing and setting new dates for municipal elections in cities of under 300,000 having a commission form of governments Therefore, your inquiry is whether the City of Tuscaloosa may continue to rely on the provisions of Act 491 in the conduction of its regular municipal elections or whether Act 491 is superseded by Act No. 80-93 in all instances in which the two acts are in conflict. It is the opinion of this office that Act 491 is in all instances of conflict superseded by the provisions of Act 80-93.

Act 80-93 contains the following clause:

All laws or parts of laws in conflict with the provisions of this Act are hereby repealed.

Act 80-93 (Code of Alabama 1975, § 11-46-92) provides that regular municipal elections in commission cities of under 300,000 are to be held on the second Tuesday in July of each year in which the term of office of a commissioner shall expire. Therefore, it is the further opinion of this office that the regular municipal election for the City of Tuscaloosa to be held in 1981 should be held on the second Tuesday in July, 1981.

It should be noted that the yet unnumbered constitutional amendment ratified in November, 1980 validating general bills of local application enacted before January 13, 1978 does not alter the opinion of this office as the amendment validated said laws, not re-enacted them. The prior opinion of this office to Honorable Wagner J. Finnell, City Attorney of Tuscaloosa, dated April 17, 1969, is hereby expressly overruled.

I do hope that this response fully answers your inquiry. If, however, we may be of assistance in the future, please do not hesitate to contact us.

Sincerely,

CHARLES A. GRADDICK ATTORNEY GENERAL

CAROL JEAN SMITH, ASSISTANT ATTORNEY GENERAL