Alabama Advisory Opinions June 09, 1999: AGO 1999-221 (June 9, 1999)

AGO 1999-221.

Dear Mayor Jones:

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

May the Town of North Bibb call a special election before the next general election to change the name of the town?

FACTS AND ANALYSIS

A municipality is given the authority to change its name pursuant to section 11-40-7 of the Code of Alabama. This section states:

Any city or town may change its corporate name by passing an ordinance stating the new name proposed and submitting the question of change to a vote of the qualified electors of such municipality at the next general municipal election to be held therein. The result of the election shall be ascertained by the officers holding such general election, and return shall be made to the council or other governing authorities which, in the event that a majority of the votes cast at such election are in favor of the change, shall pass a resolution or ordinance declaring the result of the election and stating the new name of the city or town.

This section clearly provides that an election to change the name of the town must be held at the next general municipal election. Neither this section, nor any other section of the Code, authorizes the town to call a special election for the purpose of changing the name of the town.

CONCLUSION

A municipality may not call a special election to change the name of the municipality.

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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