Section 11-44-7

Section 11-44-7Commissioners - Procedure for election; terms of office.

Immediately after the adoption of such form of government, which shall go into effect October 1 of the general municipal election year next following the election to change the form of government, the probate judge of the county with whom the petition was filed shall forthwith call an election to be held under and to be governed by this article, the expense thereof to be paid by the municipality, for the election of three commissioners by the qualified electors of the municipality. The three persons receiving a majority of the votes cast in said election shall be elected and, in the event three persons should fail to receive a majority of said votes so cast in said election, then, and in that event, those persons receiving a majority shall be elected and another election shall be held within one week, to be called and held in the same mode and manner and under the same rules and regulations, and in the second election there shall be two candidates for each place to be filled in such second election. The person or persons receiving the highest number of votes, two for each place, shall be the only candidates in such second election, and the person or persons so receiving a majority of the votes so cast in the second election shall be elected, so that in the first and second elections only three commissioners shall be elected. If none of the candidates shall receive a majority of the votes in the first election, then only the six persons receiving the highest number of votes in the first election shall be the candidates in the second election. If only one of the candidates shall receive a majority of the votes in the first election, he shall be elected, and then only the four persons receiving the next highest number of votes and not receiving a majority in the first election shall be the candidates in the second election. If only two of the candidates shall receive a majority of the votes in the first election, then they shall be elected, and the two persons receiving the next highest number of votes and not receiving a majority in the first election shall be the only candidates in the second election.



The terms of office of such persons so elected shall commence October 1 of the general municipal election year next following the election to change the form of government, and they shall hold office until the first Monday in October of the third year following and until their successors are elected and qualified, and an election shall be held on the third Monday in September of the year preceding the expiration of the term of office of said three commissioners, at which election three commissioners shall be elected for a period of one, two, and three years, respectively, and on the same date of each succeeding year for the member of the board of commissioners whose term shall expire in that year. The commissioner then elected shall hold office for a term of three years from the first Monday in October of said year and until his successor shall be elected and qualified for office.

(Acts 1911, No. 504, p. 591; Code 1923, §2341; Acts 1927, No. 237, p. 253; Acts 1935, No. 184, p. 235; Code 1940, T. 37, §41.)