Code of Alabama - Title 45: Local Laws - Section 45-37-140.04 - Subsequent elections

Section 45-37-140.04 - Subsequent elections.

(a) As used in this section the following terms have the meanings hereby ascribed to them:

(1) ABOLITION. The abolition of a district under Section 45–37–140.14.

(2) DISTRICT PROPOSED. The area proposed to be established as a district under this article.

(3) ELECTION HEREUNDER. An election held under this article.

(4) SOME OTHER ELECTION. Any election, whether general, special, or primary, not held under this article.

(b) No two elections hereunder on the creation of a district shall be held in a period of two years if the district proposed at the second of such elections contains any part of the district proposed at the first of such elections; provided, however, a period of one year between the two elections hereunder shall be sufficient if the second of such elections is held on a day whereon some other election is held in the district proposed at the second election.

(c) No election to abolish a district shall be held at any time within two years following the date of the election creating the district; and not more than one election on the abolition of a district shall be held within a period of two years.

(d) When a petition for the holding of any election hereunder is filed with the judge of probate not less than 30 days and not more than 60 days prior to some other election to be held in the territory in which an election is sought by the petition, the judge of probate shall order the election sought by the petition to be held on the same day as such other election is held.

(e) If the petition is not filed at such time as will permit the election sought thereby to be held at the time some other election is held, as provided for in the next foregoing sentence, the judge of probate shall order the election sought by the petition to be held on a day not less than 30 days nor more than 40 days from the date on which the judge of probate enters the order.

(f) This section shall apply to all elections provided for by this article.

(Acts 1966, No. 79, p. 106, §5; Acts 1971, No. 841, p. 1596, §1.)

Last modified: May 3, 2021