Athens City Councilman Henry White will have to forfeit his city post as soon as Tuesday’s election is certified, according to the League of Municipalities.

White, a Democrat, was elected to the District 5 House of representatives in Tuesday’s general election, garnering 57.1 percent of the votes cast, over Republican Ronnie Coffman, who polled 42.6 percent.

The council and Mayor Dan Williams consulted the league Wednesday when a question arose over when White must forfeit his council seat. The council is to meet in regular session Monday.

The Code of Alabama states: “The term of office of the senators and representatives shall commence on the day after the general election at which they are elected, and expire on the day after the general election held in the fourth year after their election….”

“The league told us that he can remain in office until the vote is canvassed, which will be in about a week, and then the next day he is sworn in,” said Williams.

The mayor said he expects White to be at Monday’s meeting unless his election to District 5 is certified before that.

Probate Judge Mike Davis said Tuesday night that provisional ballots are usually not counted for a week after the general election.

“The way I understand it is that the council can take its time in appointing someone,” said Williams. “At the time that J.W. Collins resigned from the council many years ago, they talked to a lot of people who were interested, then they appointed Harvey Craig. I wouldn’t look to anything being done before the first of the year. They can operate with four councilmen, but the people of (city) District 5 need representation so they don’t want to go on too long without someone.”

Councilman Ronnie Marks said Wednesday, “We’ll probably give people an opportunity to voice their desire to serve either through email or by application.”

Marks said he and the rest of the council “have no time frame for filling” the position.