Legal Opinion

In re Op. of the Justices

Supreme Court of Alabama

Decided February 14, 2018No. 393Published

1Opinion of the Court

The Honorable Kay Ivey

Governor of Alabama

Alabama State Capitol

Montgomery, Alabama 36130

Dear Governor Ivey:

*19We have received your letter of February 9, 2018, requesting an advisory opinion from the individual Justices of this Court as to the Governor's obligation under the following language from § 46(b), Ala. Const. 1901: "Whenever a vacancy occurs in either house of the legislature the governor shall issue a writ of election to fill such vacancy for the remainder of the term."

According to your letter, the circumstances giving rise to the request involve "the reported death, on January 16,…

2Cases cited35 opinions

  1. Tuscaloosa County Com'n v. Deputy SheriffsSupreme Court of Alabama · 1991
  2. City of Bessemer v. McClainSupreme Court of Alabama · 2006
  3. Ex Parte Prudential Ins. Co. of AmericaSupreme Court of Alabama · 1998
  4. Hornsby v. SessionsSupreme Court of Alabama · 1997
  5. Ex Parte First Family Financial ServicesSupreme Court of Alabama · 1998

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