Ala. Code
Code of Alabama

Ala. Code § 11-43-2 (2026)

Election of Mayors and Aldermen; Exercise of Legislative Functions; Salary of Aldermen. (Amended by Act 2026-594)

✓ official Alabama Legislature (ALISON) text, current July 2026
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AMENDED BY ACT 2026-594, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Except as provided in subsection (c), in all cities and towns at the general election to be held at the time provided by law, and quadrennially thereafter, there shall be elected a mayor, who, in cities having a population of 12,000 or more according to the last or any subsequent federal census, shall not sit with the council nor have a vote in its proceedings, and he or she shall have the power and duties conferred in this chapter.

(b) In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his or her discretion he or she may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he or she must vote.

(c)(1) Notwithstanding subsection (a), cities and towns having a population of 12,000 or more inhabitants, but less than 25,000 inhabitants, according to the most recent federal decennial census, by ordinance adopted by a majority vote of the council at least six months prior to the next general municipal election, may elect to operate pursuant to subsection (b) as it relates to the exercise of the legislative functions of the mayor until the population of the city or town is 25,000 inhabitants or more according to the most recent federal decennial census.

(2) Any city or town having a population of 12,000 or more inhabitants, but less than 25,000 inhabitants according to the most recent federal decennial census, which has elected to operate under subsection (b) by ordinance adopted by a majority vote of the council at least six months prior to the next general election, may elect to operate under subsection (a).

(d) The aldermen in the cities or towns shall be elected by the city or town at large at the general election held at the time provided by law, and quadrennially thereafter, or from wards as the councils may determine, not less than six months before an election, and shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election.

(e) The six-month requirement in this section may be waived when necessary to comply with a mandate by the U.S. Justice Department pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state or federal court.

(Code 1907, §1068; Acts 1909, No. 200, p. 197; Code 1923, §1760; Acts 1927, No. 608, p. 706; Acts 1935, No. 516, p. 1105; Code 1940, T. 37, §404; Acts 1955, No. 394, p. 930; Acts 1956, 1st Ex. Sess., No. 112, p. 170; Acts 1961, No. 666, p. 910, §1; Acts 1984, 1st Ex. Sess., No. 84-703, §2; Acts 1984, 1st Ex. Sess., No. 84-740, p. 82, §1; Acts 1987, No. 87-581, p. 928, §10; Act 2018-281, §1; Act 2022-399, §1.)

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1982–2025 · leading case: Hammonds v. Town of Priceville, 886 So. 2d 67 (Ala. 2003).
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Hammonds v. Town of Priceville, 886 So. 2d 67 (Ala. 2003). · cites it 8× “, the legislative functions shall be exercised by the mayor and five aider-men. The mayor shall preside over all deliberations of the council.”
Gray v. City of Evergreen, Alabama (S.D. Ala. 2025). · cites it 9× “35-1 at 18); see also Ala. Code § 11-43-2 (b). In early 2023, Evergreen’s Chief of Police (James Simpson) retired.”
City of Jasper v. Daugherty, 424 So. 2d 615 (Ala. 1982). · cites it 2× “)” The legislature has also enacted § 11-43-2 (Acts of 1980, No. 80-94, p. 140, § 1) which pertains to the election of mayors and aldermen: *619 “In all cities and towns at the general election to be held on the second Tuesday in July, 1980, and quadrennially thereafter, there…”
City of Pike Road v. City of Montgomery, 202 So. 3d 644 (Ala. 2015). “, § 11-43-2 (“In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen.”
T Backs Club, Inc. v. Seaton, 84 F. Supp. 2d 1317 (M.D. Ala. 2000). · cites it 2× “Rather, § 11-43-2 of the Alabama Code applies in this instance and allows a mayor to vote as follows: "At his discretion he [or she] may vote as a member of the Council on any question coming to a vote.”
Braxton v. Stokes (S.D. Ala. 2024). · cites it 2× “§ 11-43-2(a), (d); § 11-46-21(a) (“The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 1984, and quadrennially thereafter .”
Braxton v. Stokes (S.D. Ala. 2024). · cites it 2× “Ala. Code § 11-43-2 (b). Further, “[a]ll legislative power and other powers granted to cities and towns shall be exercised by the council…” Ala.”
Braxton v. Stokes (S.D. Ala. 2024). “§ 11-43-2(a), (d); § 11-46-21(a), the Town of Newbern failed to hold elections for these positions until 2020.”
Ala. Code § 11-43-2(a): 2 cases
Braxton v. Stokes (S.D. Ala. 2024). “§ 11-43-2(a), (d); § 11-46-21(a) (“The regular municipal elections in cities and towns shall be held on the fourth Tuesday in August 1984, and quadrennially thereafter .”
Braxton v. Stokes (S.D. Ala. 2024). “§ 11-43-2(a), (d); § 11-46-21(a), the Town of Newbern failed to hold elections for these positions until 2020.”
Ala. Code § 11-43-2(b): 1 case
Gray v. City of Evergreen, Alabama (S.D. Ala. 2025). “35-1 at 18); see also Ala. Code § 11-43-2 (b). In early 2023, Evergreen’s Chief of Police (James Simpson) retired.”
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