Title 36 — Title 36

Any office in this state is vacated: (1) By the death of the incumbent; (2) By the resignation of the incumbent, except in such cases as are excepted by law; (3) By the incumbent’s ceasing to be a resident of the state or of the division, district, circuit or county for which he …

On the death of any judge of probate, the clerk of the circuit court of the county for which he was elected must give notice thereof to the Governor. History: (Code 1852, §163; Code 1867, §203; Code 1876, §216; Code 1886, §311; Code 1896, §3146; Code 1907, §1562; Code 1923, §2706…

If the Governor resigns during the session of the Legislature, he must transmit his resignation to the Lieutenant Governor; otherwise, the Governor must transmit his resignation to the Secretary of State, who must notify the Lieutenant Governor. History: (Code 1852, §164; Code 18…

The resignation of senators and representatives in Congress and members of the Legislature must be transmitted to the Governor. In all other cases, except constables, resignations must be transmitted to the officer or tribunal which fills the vacancy. History: (Code 1852, §165; C…

The resignation of constables must be transmitted to the judge of probate of the county in which the office may have been held, and the judge of probate must thereupon notify the Governor. History: (Code 1867, §206; Code 1876, §219; Code 1886, §314; Code 1896, §3149; Code 1907, §…

Notice of removal of any officer, other than constables, from the state or from the district, circuit or county for which he was elected or appointed must be given by and to the same officers as notice of his death is required to be given by this chapter. History: (Code 1852, §16…

Whenever there is a judgment of a competent tribunal declaring any election or appointment void or any office vacated, such judgment shall, if the vacancy is filled by appointment, the day after the time for taking an appeal has expired be certified by the clerk of such court or …

The Governor must give notice to the Legislature at each session thereof of all offices to be filled by that body which have become vacant or which will be vacated by the expiration of the term of office before the next regular session. History: (Code 1852, §168; Code 1867, §209;…

Vacancies in all state, county or municipal offices shall be filled by appointment of the Governor for the unexpired term of such office, unless otherwise provided by law. Appointees to state and county offices must be commissioned. History: (Code 1876, §154; Code 1886, §248; Cod…

When any person holding any office or place under the authority of this state is convicted by any court of the United States, of this state or of any other state of a felony, his office or place shall be vacated from the time of the conviction. If the judgment is reversed, new tr…

When the incumbent of any office is, upon a proceeding in lunacy, adjudged to be of unsound mind, such office is vacated, and the judge of probate must certify the vacancy to the appointing power; but, if such proceeding is thereafter revoked or annulled, the officer shall, upon …

The judge of a court of record vacates his judicial office by the acceptance of another office, state, county or municipal. History: (Code 1876, §150; Code 1886, §242; Code 1896, §3141; Code 1907, §1557; Code 1923, §2698; Code 1940, T. 41, §161.)

The offices of clerk of the circuit court, tax collector, tax assessor and county treasurer are respectively vacated from the expiration of the incumbent’s term when there is a failure to elect a successor at any general election where such officers are elected by the people. His…

On the death of any senator or representative from this state to the Congress of the United States or of any member of the Legislature, the judge of probate of the county in which such officer at the time of his death resided shall give notice thereof to the Governor. In case of …

The Governor may make temporary appointment of a senator in the Senate of the Congress of the United States from Alabama whenever a vacancy exists in that office, the appointee to hold office until his successor is elected and qualified. History: (Acts 1919, No. 78, p. 74; Code 1…

States Senator - Authorization and Procedure Generally. Whenever a vacancy occurs in the office of senator of and from the State of Alabama in the Senate of the United States more than four months before a general election, the Governor of Alabama shall forthwith order an electio…

States Senator - Notice of Election. The Governor must give notice of an election of a senator for a full term in the same manner and at the same time that he gives notice of the election of members of the House of Representatives in Congress and must give notice of a special ele…