HB 1

HB1 ENROLLED
1 HB1
2 JP3T1FF-2
3 By Representative Pringle
4 RFD: Ways and Means General Fund
5 First Read: 04-May-26
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1 Enrolled, An Act,
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3Relating to primary elections; to authorize a new
4 special primary election for Congressional districts affected
5 by a federal court ruling under certain circumstances; to
6 require the Governor to call a special primary election for
7 affected Congressional districts under certain conditions and
8 to set an election calendar; and to provide further for the
9 qualification of affected candidates.
10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
11Section 1. (a) It is the intent of the Legislature that
12 a special primary election, as contemplated in this section,
13 be held only in the event a federal court issues or vacates an
14 order affecting the boundaries of Congressional districts in a
15 time frame that allows for a supplemental special primary
16 election during the 2026 General Election cycle.
17(b) In the event: (i) a federal court, by issuing a
18 judgment or by vacating an injunction, permits the
19 reinstatement of the last legislatively enacted Congressional
20 districts, as enacted by Act 2023-563 of the 2023 Second
21 Special Session, to be used in the 2026 General Election, and
22 (ii) the court ruling is made at a time too late to be
23 accommodated during the normal 2026 primary election schedule
24 held or to be held in accordance with Chapter 13 of Title 17,
25 Code of Alabama 1975, the state shall hold a new special
26 primary election for the affected Congressional Districts in
27 accordance with this section, so long as certification of the
28 special primary election can be completed by August 26, 2026.
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29(c)(1) Upon a federal court making a ruling described
30 in subsection (b), the Governor shall issue a proclamation
31 calling for a special primary election to be held as soon as
32 possible for the affected Congressional districts, consistent
33 with subsection (b). Notwithstanding any state law to the
34 contrary, the Governor shall set a calendar for the election
35 as required to effectuate the purposes of this section,
36 provided the dates specified in the election calendar do not
37 violate federal law. A special primary election held pursuant
38 to this section shall be required for the affected
39 Congressional districts regardless of whether a regular
40 primary election was held for the affected Congressional
41 districts using the previous boundary lines.
42(2) Notwithstanding any state law to the contrary, the
43 candidate who receives the greatest number of votes at the
44 special primary election shall be deemed the winner and party
45 nominee of that primary election, and no primary runoff
46 election shall be held.
47(d) No candidate shall be deemed the party nominee of a
48 political party for an affected Congressional office based
49 solely on the results of the regular primary election if a new
50 special primary election is held pursuant to this section. Any
51 official certification of results of the regular primary
52 election for an affected Congressional office is void for
53 purposes of determining the party nominee once a new special
54 primary election is required under this section. However, a
55 candidate who was eligible and qualified for the regular
56 primary election for an affected Congressional district office
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57 shall remain eligible to appear on the ballot for the new
58 special primary election, subject to laws and party rules not
59 inconsistent with Chapter 13 of Title 17, Code of Alabama
60 1975. The certification of a nominee for an affected office
61 shall be based solely on the results of the new special
62 primary election conducted under this section.
63(e)(1) Nothing in this section prohibits a party from
64 choosing its candidates by any means allowed by law other than
65 by primary election.
66(2) Nothing in this section shall alter the timing of
67 regular primary elections when no change in district
68 boundaries has occurred as described in subsection (b).
69(3) Nothing in this section shall be construed to alter
70 the date scheduled for the 2026 General Election.
71Section 2. This act shall become effective immediately.
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80________________________________________________
81Speaker of the House of Representatives
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85________________________________________________
86President and Presiding Officer of the Senate
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89House of Representatives
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91I hereby certify that the within Act originated in and
92 was passed by the House 06-May-26.
93
94John Treadwell
95Clerk
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101 Senate  08-May-26  Passed
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