3858-1:N:01/13/1998:bh/bh LRS97-316
| SYNOPSIS: | Under exiting law, certain municipal and county elections, levying a special tax, that were deemed to be irregular due to failure to give proper notice prior to the election or for some other minor irregularity, may be ratified and confirmed despite the irregularities. Irregular elections held prior to 1977 that were held invalid by the Supreme Court or a final order of a circuit court were excluded from the ratification provision. |
| This bill would provide that those elections held to be invalid prior to the effective date of this act would be excluded from the ratification provision. |
To amend Section 40-1-37, Code of Alabama 1975, relating to the certain irregular elections of a special county or municipal tax, to provide further for elections exempted from the ratification process.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 40-1-37, Code of Alabama 1975, is amended to read as follows:§40-1-37.
"Every election heretofore held in any municipality or in any county on the question of the levy of a special tax for any purpose under the Constitution of Alabama, including any amendment thereto, at which election a majority of the votes cast were in favor of the levy of the said tax but which election was irregular by reason of failure prior to the holding of the election to give notice thereof in a newspaper or by posting in the manner or for the time required by any statute applicable to the election, or because of the failure to comply with any other statutory requirement applicable to the election, or because of any other irregularity with respect to the holding of the election or canvassing and recording the results thereof, shall be and every such election is hereby ratified and confirmed and given effect in all respects as if all provisions of law relating to such election had been duly and legally compiled with, and the said tax may be levied and collected pursuant to the authorization purported to have been granted at such election; provided, that this section shall not apply to any election which, prior to May 23, 1977 the effective date of this amendatory act, has been held invalid by the Supreme Court of Alabama or by final judgment of the circuit court in the county in which the election was held and from which judgement an appeal was not taken to the Supreme Court of Alabama within the time provided by law for the taking of such appeals or to any election the validity of which is an issue in any pending civil action commenced prior to May 23, 1977 the effective date of this amendatory act.
Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.