Alabama Advisory Opinions July 26, 1994: AGO 94-00253 (July 26, 1994)

Advisory Opinion Text

Honorable Billy L. Church

City Attorney, Pell City

1609 Cogswell Avenue

Pell City, AL 35125

Municipalities - Elections -Run-off Elections - Candidates

Section 6 of Act No. 92-248 prescribes the procedures for holding a run-off election for the Pell City Board of Education.

Dear Mr. Church:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

In the event no candidate for the Pell City Board of Education receives a majority of votes in the November general election, how does the City of Pell City conduct a run-off when no provision for same is made in Act No. 93-384?

FACTS AND ANALYSIS

Act No. 93-384 amends Sections 3 and 4 of Act No. 92-248 and provides that candidates for the Pell City Board of Education must have earned a high school diploma or its equivalent and that the initial election of board members be staggered. Act No. 92-248 provides for the election of the members of the Pell City Board of Education and prescribes the procedures for electing such members. Section 6 of Act No. 92-248 authorizes the city council to order a run-off election in the event no candidate receives a majority of all the votes. Since Act No. 93-384 only amended Sections 3 and 4 of Act No. 92-248 and did not repeal the other provisions of Act No. 92-248, the remaining sections of Act No. 92-248 are still effective.

CONCLUSION

Section 6 of Act No. 92-248 prescribes the procedures for holding a run-off election for the Pell City Board of Education.

I hope' this sufficiently answers your question. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

JIMMY EVANS Attorney General

JAMES R. SOLOMON, JR. Chief, Opinions Division