Just a day after selecting its new president, leadership of the Birmingham City Council remains unresolved after the city clerk and city attorney declared the vote improper, AL.com has learned.

The council must meet again to take another vote for its president after members failed to garner five votes to select Darrell O’Quinn on Tuesday, City Clerk Lee Frazier said this morning.

Frazier in a memo outlined the process that must be taken to comply with the Mayor/Council Act, the state legislation that sets the framework for city operations. Frazier said he came to today’s conclusion after consulting with the city attorney.

O’Quinn on Tuesday received the most votes out of everyone else nominated with four votes. However, King said today that four was insufficient.

A new vote means the top seat is vacant just day after O’Quinn claimed the position. His name is already listed as council president on city council social media.

In his memo, Frazier noted a vote of four is only valid if it constitutes a majority of the members of the council members casting their votes.

“However, in Tuesday’s meeting, the final tally was 4-3-2, resulting in a total of 9 votes being cast. Therefore, in this situation, a majority vote would require at least 5 votes,” he wrote. “To rectify this situation, it is necessary to hold another election for the Council President position during the upcoming Tuesday’s meeting or during a special called meeting this week designated by Council with at least a 24hr. notice.”

The position of council president pro tem remains valid. Former president Wardine Alexander secured the second spot as pro tem on Tuesday after losing her seat to O’Quinn.

However, with the president’s office officially vacant, Alexander will return to her role as chair of the next council meeting, if only temporarily, to officiate the second vote.