Alabama Attorney General Opinion 1979-0098

OFFICE QF THE j ATTORNEY GENERAL i1 /47Q - NOV LEE L. HALE DEPUTY ATTORNEY WILLIAM M. IIEKIJRS, JR. EXECUTIVE ASSI c Jr CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA February IS, 1979 ADMINISTRATIVE .UILDmG .V UNI MONTGOMERY A se,,. AREA DESSL•144t110 WALTER S.TURNER CHIEF ASSISTANT ATTORNEY GENERAL JAMIE ADMINI IRE ASSISTANT Mrs. Barbara Love Clerk of the Town of Cowarts Cowarts, Alabama 36321 Municipalities--Elections No election required where only one candidate qualifies for office. In towns council fills vacancy in office of mayor. Dear Mrs. Love: Your opinion request of February 7, 1979 has been received in the Office of the Attorney. General. Your request presents the fol- lowing factual situation: -In August, 1972, a mayor and five councilmen were elected to four year terms by the voters of Cowarts. In June of 1976, public notice was posted by the Town Clerk in accordance with State Law notifying citizens of the upcoming elections and the quali- fying deadline for persons wishing to stand election for mayor or councilman. The incumbent mayor and councilmen qualified. No person qualified to oppose any of the incumbents. Consequently, the incumbents, being the only persons to qualify, were declared the winners and no formal election was held. In October of 1978, the incumbent Mayor resigned his post due to his impending move from Cowarts. The Town Council then appointed the present Mayor to serve out the unexpired term. Mrs. Barbara Love February Page Two You ask if the Mayor and Council of the Town of Cowarts are le- gally in office. Your question is to be answered in the affirmative. Code of Alabama 1975, §11-42-26 provides that in cities of under 300,000 inhabitants having a council form of government, if only one person files a statement of candidacy for an office by 5:00 p.m. on the first Tuesday in July preceding the date set for an election of municipal officers, then such person shall for all purposes be deemed elected to such office. It is, therefore, the opinion of this office that the members of the present Town Council of Cowarts are legally holding office. Code of Alabama 1975, §11-43-42(b) provides that in cities of less than 12,000 inhabitants and in towns the city council may fill a vacancy in the office of mayor either from its own member- ship or from without the membership of the council. Therefore, it is the opinion of this office that the present Mayor of Cowarts is legally holding office. I do hope that this response fully answers your question. If, however, we may be of further service, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General By- CAROL JEAN SMITH Assistant Attorney General CJS/dwm