Article V — Executive Department
31 sections · 0 paragraphs in this article.
Ala. Const. art. V, § 112 Maximum age limitations on certain appointed or elected officials prohibited
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The executive department shall consist of a governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, superintendent of education, commissioner of agriculture and industries, and a sheriff for each county.
Ala. Const. art. V, § 113 Supreme executive power vested in Governor
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The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled ‘‘The Governor of the State of Alabama.
Ala. Const. art. V, § 114 Governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries — How elected; when election held
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The governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries shall be elected by the qualified electors of the state at the same time and places appointed for the election of members of the…
Ala. Const. art. V, § 115 Governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries — Returns of election transmitted to speaker of house of representatives; opening and publication of election returns; duties of speaker and legislature ministerial in opening and publication of votes; person having highest number of votes elected; tie votes; contested elections
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The returns of every election for governor, lieutenant governor, attorney- general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries shall be sealed up and transmitted by the returning officers to the seat of government, directed …
Ala. Const. art. V, § 116 Governor, lieutenant governor, attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries — Term of office; officers may succeed selves for one additional term
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The governor, lieutenant governor, attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries, shall hold their respective offices for the term of four years from the first Monday after the second Tuesday in January next s…
Ala. Const. art. V, § 117 Qualifications of governor and lieutenant governor; lieu- tenant governor ex officio president of senate
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The governor and lieutenant governor shall each be at least thirty years of age when elected, and shall have been citizens of the United States ten years and resident citizens of this state at least seven years next before the date of their election. The lieutenant governor shall…
Ala. Const. art. V, § 118 Compensation and residency requirements for governor, lieutenant governor, attorney-general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries
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The governor, lieutenant governor, attorney-general state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries, shall receive compensation to be fixed by law, which shall not be increased or diminished during the term for which they shall h…
Ala. Const. art. V, § 119 Increase in salary of governor at session of legislature following ratification of Constitution
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If the legislature, at the session next after the ratification of this Constitution, shall enact a law increasing the salary of the governor, such increase shall become effective and apply to the first governor elected after the ratification of this Constitution, if the legislatu…
Ala. Const. art. V, § 120 Governor to faithfully execute laws
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The governor shall take care that the laws be faithfully executed.
Ala. Const. art. V, § 121 Governor may require reports from officers of executive department and officers and managers of state institutions; false reports or failure to file reports constitutes impeachable offense
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The governor may require information in writing, under oath, from the officers of the executive department, named in this article, or created by statute, on any subject, relating to the duties of their respective offices, and he may at any time require information in writing, und…
Ala. Const. art. V, § 122 Governor authorized to convene legislature on extraordinary occasions; proclamation of governor to state matters on which action necessary
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The governor may, by proclamation, on extraordinary occasions, convene the legislature at the seat of government, or at a different place if, since their last adjournment, that shall have become dangerous from an enemy, insurrection, or other lawless outbreak, or from any infecti…
Ala. Const. art. V, § 123 Reports and information to be given legislature by governor; presentation of budget to legislature
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The governor shall, from time to time, give to the legislature information of the state of the government, and recommend for its consideration such measures as he may deem expedient; and at the commencement of each regular session of the legislature, and at the close of his term …
Ala. Const. art. V, § 124 Authority of governor to grant reprieves and commutations to persons under sentence of death; legislature to regulate administration of pardons, paroles, remission of fines and forfeitures, suspension of sentences and probation; pardon not relief from civil and political disabilities unless specifically provided
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(a)(1) The Governor may grant reprieves and commutations to persons under sentence of death. (2) The power to grant a reprieve or commutation under subdivision (1) shall not be exercised until the Governor has notified the Attorney General and has made reasonable efforts to notif…
Ala. Const. art. V, § 125 Presentation of bills to governor for signature; veto power of governor; procedure for passage of bill after veto by governor; effect of failure of governor to sign bill
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Every bill which shall have passed both houses of the legislature, except as otherwise provided in this Constitution, shall be presented to the governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, which…
Ala. Const. art. V, § 126 Authority of governor to veto items in appropriation bills
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The governor shall have power to approve or disapprove any item or items of any appropriation bill embracing distinct items, and the part or the parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules an…
Ala. Const. art. V, § 127 Succession to office of governor; filling of vacancy when offices of governor and lieutenant governor both vacant; procedure when governor or successor impeached, ab- sent from state, disabled, etc.; failure of governor-elect, lieutenant governor-elect, etc., to qualify
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In case of the governor’s removal from office, death or resignation, the lieutenant governor shall become governor. If both the governor and lieutenant governor be removed from office, die or resign more than sixty days prior to the next general election, at which any state offic…
Ala. Const. art. V, § 128 Procedure when governor or acting governor appears to be of unsound mind
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If the governor or other officer administering the office shall appear to be of unsound mind, it shall be the duty of the supreme court of Alabama, at any regular term, or at any special term, which it is hereby authorized to call for that purpose, upon request in writing, verifi…
Ala. Const. art. V, § 129 Compensation of acting governor
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The lieutenant governor, president pro tem. of the senate, speaker of the house, attorney-general, state auditor, secretary of state, or state treasurer, while administering the office of governor, shall receive like compensation as that prescribed by law for the governor, and no…
Ala. Const. art. V, § 130 Holding office in addition to that of governor
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No person shall, at the same time, hold the office of governor and any other office, civil or military, under this state, or the United States, or any other state or government, except as otherwise provided in this Constitution.
Ala. Const. art. V, § 131 Military powers of governor
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The governor shall be commander-in-chief of the militia and volunteer forces of this state, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion, but need not command in…
Ala. Const. art. V, § 132 Qualifications of attorney-general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries
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No person shall be eligible to the office of attorney-general, state auditor, secretary of state, state treasurer, or commissioner of agriculture and industries unless he shall have been a citizen of the United States at least seven years, and shall have resided in this state at …
Ala. Const. art. V, § 133 Great seal of state
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There shall be a seal of the state, which shall be used officially by the governor, and the seal now in use shall continue to be used until another shall have been adopted by the legislature. The seal shall be called ‘‘The Great Seal of the State of Alabama.’’
Ala. Const. art. V, § 134 Duties of secretary of state generally
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The secretary of state shall be the custodian of the great seal of the state, and shall authenticate therewith all official acts of the governor, except his approval of laws, resolutions, appointments to office, and administrative orders. He shall keep a register of the official …
Ala. Const. art. V, § 135 Issuance and execution of grants and commissions
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All grants and commissions shall be issued in the name and by the authority of the state of Alabama, sealed with the great seal of the state, signed by the governor and countersigned by the secretary of state.
Ala. Const. art. V, § 136 Vacancy in office or unsoundness of mind of attorney- general, state auditor, secretary of state, state treasurer, or commissioner of agriculture and industries
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Should the office of attorney-general, state auditor, secretary of state, state treasurer, or commissioner of agriculture and industries become vacant from any cause, the governor shall fill such vacancy until the disability is removed or a successor elected and qualified. In cas…
Ala. Const. art. V, § 137 Duties generally and restrictions on receipt of fees, etc., by attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries; annual reports by state treasurer and state auditor; attorney general may be required to defend suits against state, political subdivisions, officers, etc
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The attorney general, state auditor, secretary of state, state treasurer, and commissioner of agriculture and industries shall perform such duties as may be prescribed by law. The state treasurer and state auditor shall, every year, at a time fixed by the legislature, make a full…
Ala. Const. art. V, § 138 Election and term of office of sheriffs; sheriff eligible to succeed self; impeachment of sheriff; effect of impeachment of sheriff
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A sheriff shall be elected in each county by the qualified electors thereof who shall hold office for a term of four years unless sooner removed, and he shall be eligible to such office as his own successor. Whenever any prisoner is taken from jail, or from the custody of any she…
Ala. Const. art. V, § 138.01 Appointments and promotions in civil service
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A. Appointments and promotions in the civil service of this state shall be made according to merit, fitness and efficiency, to be determined, so far as practicable, by examination, which, so far as practicable, shall be competitive under such laws as the legislature may enact. B.…
Ala. Const. art. V, § 138.02 Conveyance of Alabama State Docks Department property
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(a) The state of Alabama, through the Alabama state docks department, is authorized to convey, without consideration, title to its real property, equipment and facilities located in Lauderdale county, Alabama, and known as the Alabama State Docks to the Florence–Lauderdale County…
Ala. Const. art. V, § 138.03 Use of Assets of State Retirement Systems
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All of the assets, proceeds or income of the teachers’, employees’, state police, public and judicial retirement systems of Alabama, or any successor systems thereto, and all contributions and payments made to such systems to provide for retirement and related benefits thereunder…
Ala. Const. art. V, § 138.04 Health care benefits for retired state and education employees
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All of the assets, proceeds, and income of the Alabama Retired State Employees’ Health Care Trust and the Alabama Retired Education Employees’ Health Care Trust, or any successor or assignee of the trust, and all contributions and payments made to the trustees of the trusts, shal…