Alabama Advisory Opinions February 24, 1994: AGO 94-00096 (February 24, 1994)

Advisory Opinion Text

Honorable Albert Hall

Member, House of Representatives

P. O. Box 275

Gurley, AL 35748

Superintendents of Education - Elections - Vacancies in Office

Under Act No. 91-696, the Probate Judge of Madison County is to call an election to select the Superintendent of Education of Madison County. Such election may be held in conjunction with a regularly scheduled county-wide election or at a special election called for that purpose, either of which sufficiently precedes the expiration of the tenure of office of the current superintendent of education.

Dear Representative Hall:

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

QUESTION

Who calls the election for the Madison County Superintendent of Education pursuant to Act No. 91-696?

FACTS, LAW AND ANALYSIS

Act No. 91-696 provides for the election in Madison County of the county superintendent of education at the expiration of the present tenure of office. It states in pertinent part:

"Section 1. At the time of expiration of the current contract held by the Madison County Superintendent of Education or at the time of any vacancy in the office of county superintendent of education prior to said contract expiration date, the superintendent of education for Madison County shall be elected by those electors of Madison County who reside in those areas of Madison County that are outside the boundaries of any other school system. The county superintendent of education shall be nominated and elected in the same manner as other county officers are nominated and elected under the state election laws. In order to provide for continuity in the county superintendent's office, the election for the county superintendent of education shall be held either in conjunction with any regularly scheduled countywide election to be held at a time that sufficiently precedes the expiration of the tenure of office of the current county superintendent of education, or at a special election called for the purpose of electing the county superintendent of education that likewise sufficiently precedes the expiration of the county superintendent's current tenure of office. The election shall be called by the probate -judge of Madison County . . . ." (Emphasis added.)

Pursuant to Act No. 91-696, the Probate Judge of Madison County is to call an election to select the Superintendent of Education of Madison County. According to Act No. 91-696, the election is to be held either in conjunction with any regularly scheduled countywide election held at a time that sufficiently precedes the expiration of the tenure of office of the current superintendent of education, or at a special election called for the purpose of electing a county superintendent of education that sufficiently precedes the expiration of the county superintendent's current tenure of office.

You mentioned several other election laws in your request that may be applicable in the election of the Superintendent of Education of Madison County at the expiration of the current contract of the superintendent or when a vacancy occurs in that office prior to that time. Code of Alabama 1975, §§ 17-18-1, 17-18-2 and 17-18-3 provide for a special election to be called by the Governor when a vacancy occurs in a county office filled by election of the people. Code , § 16-9-8, also mentioned in your letter, provides for a special election to be called when a successful candidate for county superintendent of education dies or resigns prior to taking office.

It is the opinion of the Attorney General that the above-mentioned laws are not applicable to the initial election for the Madison County Superintendent provided for by Act No. 91-696. Section 17-18-1, et seq ., and § 16-9-8 concern cases where the previous superintendent of education was elected by the voters. Act No. 91-696 concerns a situation where the prior superintendent of education in Madison County was appointed, and there is to be a change in the method of selection, so that the following holder of that office will be elected. I cannot find any state general laws concerning this specific instance.

It should be noted that Section 1 of Act No. 91-696 also provides, "Subsequent elections shall be held every four years." Thus, following the calling of the initial election of the Superintendent of Education of Madison County under Act No. 91-696, subsequent elections and special elections to fill that office are to be called as provided by state general law.

CONCLUSION

Under Act No. 91-696, the Probate Judge of Madison County is to call an election to select the Superintendent of Education of Madison County. Such election may be held in conjunction with a regularly scheduled countywide election or at a special election called for that purpose, either of which sufficiently precedes the expiration of the tenure of office of the current superintendent 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.