Ala. Code
Code of Alabama

Ala. Code § 11-47-90 (2026)

Authorization for Conduct by Municipality; Appointment, Oath, and Duties of Enumerators.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Municipal corporations may by ordinance require a census to be taken of the inhabitants residing within the corporate limits of such municipality. Such census shall be taken by enumerators, who shall be responsible citizens appointed by the mayor and confirmed by the council. Such enumerator or enumerators shall take such census block by block and shall state, as far as practical, the name, age, sex, and race of each person residing within such municipality. They shall, before entering upon their duties, take and subscribe the following oath: “I solemnly swear that I will honestly and conscientiously enumerate the inhabitants living within the town or city, or portion thereof allotted to me for enumeration.”

(Code 1907, §1060; Code 1923, §1751; Code 1940, T. 37, §481.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1995–2025 · leading case: Ex parte Harris, 216 So. 3d 1201 (Ala. 2016).
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Ex parte Harris, 216 So. 3d 1201 (Ala. 2016). “The Town argued that it is absolutely immune from suit for all intentional torts of its agents pursuant to § 11-47-90, Ala.Code 1975, and that it also enjoys the State-agent immunity afforded Harris, as its employee.”
City of Pike Road v. City of Montgomery, 202 So. 3d 644 (Ala. 2015). · cites it 22× “It can conduct its own municipal census in accordance with the requirements of §§ 11-47-90 through -95, Ala.Code 1975. “Pike Road has produced no evidence .”
Franklin v. City of Huntsville, 670 So. 2d 848 (Ala. 1995). “"The rationale of Neighbors appears to have been that an action will not lie against a municipality for malicious prosecution because such an action requires proof of malice, and § 11-47-90 provides for an action against a municipality for the `neglect, carelessness, or…”
Bill Salter Advtg. v. City of Atmore, 2090639 (ala.civ.app. 10-22-2010), 79 So. 3d 646 (Ala. Civ. App. 2010). “1993) (stating that § 11-47-90 “absolves a municipality from liability for the intentional torts of its agents”); see also Scott, 602 So.”
Reaves v. City of Montgomery (M.D. Ala. 2025). “27 Because the Court declines to exercise supplemental jurisdiction over Reaves’ state law claims, the Court pretermits discussion on the Defendants’ invocation of state agent immunity and § 11-47-90 immunity under Alabama law. (Doc.”
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