OPINION OF JUSTICES v. << (2018)

The Honorable Kay Ivey

 Governor of Alabama

 Alabama State Capitol

 Montgomery, Alabama 36130

Dear Governor Ivey:

We 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 Ala. Const. 1901, Art. IV, § 46(b): “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.”

With one caveat, we agree with the advisory opinion issued today by the other Justices of this Court, in response to your request, that § 46(b) establishes a mandatory duty requiring the Governor to issue a writ of election to fill a vacancy created by the death of any member of the legislature, notwithstanding the lack of formal notice of such death required by Ala. Code 1975, § 36–9–6. Specifically, we express no opinion regarding whether the “de minimis” doctrine addressed by federal court decisions applying the Federal Constitution in factually similar cases is pertinent when this Court is reviewing the requirements of the Alabama Constitution. It is clear to us that such a de minimis doctrine would have no application here, and we find it unnecessary to address its applicability or parameters. In our view, under the facts presented, compliance with § 46(b) does not require a useless, futile, or impossible act.

Respectfully submitted,

/s/ Greg Shaw

 Greg Shaw

/s/ William B. Sellers

 William B. Sellers

Associate Justices