City councils in Parrish and Carbon Hill will have to wait until November to fill two vacancies that resulted when no one qualified for those positions.
Lorelei Lein, general counsel for the Alabama League of Municipalities, responded to an inquiry from the Daily Mountain Eagle on what happens now that two council positions have no candidates which qualified.
In the municipal election qualifying that ended on July 21, no one qualified for District 2 on the Parrish Town Council, which has five districts. District 2 Councilman Jared "Bubba" Cagle is running for mayor against Tommy Davis and James Smith Jr.
In Carbon Hill, no candidate signed up for the District 6 seat on the six-district council.
Ironically, the District 6 seat is also vacant now because Greg Anderson recently resigned from the seat, and no applications were made by district citizens by the July 13 council meeting. The council will meet at its new time tonight, as the council will now meet on the second and fourth Tuesday of the month at 6 p.m.
Lein said in an email Monday that municipalities who have situations where no one qualifies for those seats would wait until the new term of office starts on Monday, Nov. 2. Then the seats would be declared vacant at that time. The next action would be according to Section 11-43-41 of the Code of Alabama 1975.
"Those seats would then be filled in the same manner that any vacancy occurs," she said. "Vacancies in the office of councilmember shall be filled by the council at the next regular meeting or any subsequent meeting of the council, the person so elected to hold office for the unexpired term."
In Carbon Hill, a number of people have resigned from the council in the past term, with the council filling those positions after taking applications. The council recently appointed a new mayor and two new council members, .
Provisions are made in case the council does not take action in November.
"In the event a vacancy in the office of councilmember is not filled within 60 days after it occurs in a Class 7 or Class 8 municipality, each existing council member, including the mayor, may submit a name to the governor for appointment," Lein said. "If the Governor fails to make an appointment from any submitted names within 90 days after the vacancy occurs, the judge of probate shall call a special election to fill the vacancy. (Section 11-44G-1, Code of Alabama 1975.) If the council does not fill the vacancy within 60 days after it occurs, the council, by default, loses its right to thereafter fill the vacancy. (AGO 1999-168.)"
For more Election 2020 coverage from the Daily Mountain Eagle, visit www.mountaineagle.com/election2020.