Section 11-44-123 Commissioners - Election; terms of office; designation of positions; qualification for office and taking of oath.
Section 11-44-123
Commissioners - Election; terms of office; designation of positions; qualification for office and taking of oath.
At any time after the adoption and publication of the ordinance provided for in Section 11-44-121, but not less than 30 days prior to the election date referred to in this section, the governing body of the municipality shall call an election for the purpose of electing three commissioners for the municipality, which election shall be held on the third Monday of September next following the adoption and publication of such ordinance.
One of the commissioners so to be elected shall be known as president of the board, and the remaining members of the board shall be known respectively, as associate commissioner number one or commissioner of public improvements and associate commissioner number two or commissioner of public safety. Notice of the date and purpose of such election shall be published in a newspaper once a week for three consecutive weeks prior to the said election date. At such election three persons who are qualified electors of the municipality shall be elected to hold office as commissioners and each of such persons shall be elected for a term of four years beginning on the first Monday of October next following the date of adoption and publication of the ordinance provided for in Section 11-44-121. The election of commissioners elected after the first election hereinbefore provided for in this section shall be held on the third Monday of September and the term of office of each such commissioner shall be for four years, beginning on the first Monday of October of the year of his election. All commissioners shall hold office until their successors are elected and qualified.
Any election to be held in the municipality shall be held, conducted, canvassed, the results declared and may be contested in the manner provided by the laws relative to the election of municipal officers in cities having a commission form of government, except where inconsistent with the provisions of this article.
At elections held pursuant to the provisions of this article, each office of the board to be filled shall be designated, the associate commissioners being designated as associate number one or commissioner of public improvements and associate number two or commissioner of public safety, respectively, and this designation shall be shown on the ballot prepared for such election. In filing a statement of candidacy each candidate shall designate for which place he desires election.
At every election each elector shall vote for only one candidate for each office and the candidate receiving the highest number of votes for such office shall be elected, provided he receives a majority of the votes cast for such office. In case no one of such candidates shall receive a majority of all such votes cast for the office for which he is a candidate, another election shall be held on the same day of the following week for said office, at which the two candidates receiving the highest number of votes at the initial election shall be voted for. The candidate receiving the highest number of votes at such final election shall be declared elected.
Each candidate declared elected in any election provided for in this section shall qualify and take the oath of office on the first Monday in October next following said election.
Acts 1964, 1st Ex. Sess., No. 214, p. 288, §4.)