§ 14-44-103 - Election of aldermen.
14-44-103. Election of aldermen.
(a) (1) Except as provided under subdivision (a)(3) of this section, on the Tuesday following the first Monday in November 1982, and every two (2) years thereafter, the qualified voters in cities of the second class shall elect for each of the wards of these cities two (2) aldermen, who shall compose the city council.
(2) The qualified electors of every city of the second class shall elect from each ward of the city two (2) aldermen, who shall be designated as "alderman number one" and "alderman number two" of the ward.
(3) (A) Each candidate for the office of alderman in any election for this office shall designate in writing the number of the alderman's office that he or she is seeking at the time that he or she files as a candidate for the office.
(B) When this designation has been made, the candidate shall not be permitted thereafter to change the designation.
(4) (A) The city council of a city of the second class may refer to voters an ordinance on the question of electing the two (2) aldermen for each ward to four-year terms.
(B) The voters shall vote on the ordinance at a general election or at a special election called for that purpose by proclamation of the mayor in accordance with 7-11-201 et seq. However, the election to approve the four-year election procedure shall be held no later than February 1 of the year of the general election in which the procedure is proposed to be effective.
(5) (A) If this procedure is adopted by ordinance referred to and approved by the voters of the city, the initial term for the alderman designated as "alderman number one" of each ward shall be a four-year term at the next general election.
(B) The initial term for the alderman designated as "alderman number two" of each ward shall be a two-year term at the next general election, and thereafter shall be a four-year term, resulting in staggered terms for the ward.
(6) (A) The city council may refer to voters an ordinance on the question of returning the city to electing aldermen to two-year terms using the procedures of subdivisions (a)(4)-(7) of this section.
(B) If the voters approve returning a city to two-year terms, all aldermen shall be elected to two-year terms at the next general election and thereafter.
(7) The city council may not refer to voters another question on electing aldermen to four-year terms or on returning the city to electing aldermen to two-year terms unless at least four (4) years have passed since the last election on changing the aldermanic terms.
(b) (1) (A) A candidate for the office of alderman in a city of the second class shall reside in the ward from which he or she seeks to be elected and shall run for election at large, except if the alderman is elected by ward under subsection (c) of this section.
(B) All of the qualified electors of the city shall be entitled to vote in the election.
(C) Provision shall be made by the election commissioners in these cities so that the qualified electors of each ward shall have at least one (1) voting precinct in each ward where the resident electors thereof may cast their ballots.
(2) If any duly elected alderman shall cease to reside in the ward from which he or she was elected, that person shall be disqualified to hold the office and a vacancy shall exist, which shall be filled as prescribed by law.
(c) (1) (A) The city council of any such city is empowered and authorized to provide, by ordinance, that all aldermen be elected by ward, in which event each alderman shall be voted upon by the qualified electors of the ward from which the person is a candidate.
(B) (i) When so provided by city ordinance, the name of the candidate shall appear upon the ballot only in the ward in which he or she is a candidate.
(ii) The city council of these cities may provide for the election of one (1) alderman from each ward citywide and the other aldermen from each ward by the voters of the ward only.
(2) All such cities choosing to elect all aldermen by wards or part by wards shall provide, in the manner provided by law, for the establishment of wards of substantially equal population in order that each alderman elected from each ward shall represent substantially the same number of people in the city.
(d) Cities of the second class that elect their aldermen citywide may have one (1) public place only for holding elections.