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11-46-53
Section 11-46-53 Voting machines to remain locked during period for filing of contests; when
seals of machines may be broken; disposition of records taken from machines. (a) The voting
machines shall remain locked against voting for the time provided by law for the filing of
contests and then shall have the seal broken only on the order of the municipal governing
body and if, in the opinion of such body, the contest has developed or is likely to develop,
and shall remain locked until such times as ordered by the court hearing the contest or until
a final determination thereof; provided, that on the order of any court of competent jurisdiction
or on the order of the municipal governing body, the seal may be broken for the purpose of
proper investigation. When such investigation is completed, the machine shall again be sealed
and across the envelope containing the keys shall be written the signature of the person or
persons having broken same; provided further, that in the event another...
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11-46-22
Section 11-46-22 Notice of elections. (a) It shall be the duty of the mayor to give notice
of all municipal elections by publishing notice thereof in a newspaper published in the city
or town, and, if no newspaper is published in the city or town, then by posting notices thereof
in three public places in the city or town. When the notice is of a regular election, the
notice shall be published on the first Tuesday in July preceding the election or the first
business day thereafter. When the notice is of a special election to be held on the second
Tuesday in a month, the notice shall be published on or before the second Tuesday of the second
month preceding the month in which the election will be held, except where otherwise provided
by law. When the notice is of a special election to be held on the fourth Tuesday of a month,
the notice shall be published on or before the fourth Tuesday of the second month preceding
the month in which the election will be held, except where otherwise...
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17-12-4
Section 17-12-4 Procedures upon malfunction of equipment. If a precinct ballot counter malfunctions,
the polls shall remain open and voters shall deposit their ballots in a ballot box or other
suitable container. The inspector shall notify the custodian, who shall maintain a public
list of all voting places in which equipment failure has occurred. After the polls close,
the ballot box shall be opened and the ballots counted either by hand, as described in Sections
17-12-2 and 17-12-6, or by feeding the ballots into an operable hand precinct ballot counter.
Poll watchers of opposing interests and members of the media, if any are present, shall be
permitted to witness this process. Where precinct counting equipment is programmed to return
ballots containing over-votes, any such ballot returned during a post-election count must
be counted by hand following the rules for ballots. The results of this hand count shall be
added to the certificate of results, and the ballots shall be bound...
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45-25A-40
Section 45-25A-40 Composition; election of members; vacancies. (a) Any law, whether special,
local, or general, or municipal ordinance, to the contrary notwithstanding, the City of Fort
Payne, in DeKalb County, shall not designate by place number, or by other similar method,
seats for city council. (b)(1) In the election for the five members of the city council, if
there are more than five candidates, then the majority of the votes cast for the office in
the election shall be determined by dividing the total votes cast for all candidates for the
offices by the number of positions to be filled, and then dividing that result by two. Any
number of votes in excess of the number determined by the last division shall be the majority
necessary for election. (2) If it appears that any candidate in the election has received
a majority of the votes cast for that office, the municipal governing body shall declare that
candidate elected to the office, and a certificate of election shall be given...
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11-46-69
Section 11-46-69 Contest of elections - Grounds; commencement of action. (a) The election of
any person declared elected to any office of a city or town may be contested by any person
who was at the time of the election a qualified elector of such city or town for any of the
following causes: (1) Misconduct, fraud, or corruption on the part of any election official,
any marker, the municipal governing body, or any other person; (2) The person whose election
to office is contested was not eligible thereto at the time of such election; (3) Illegal
votes; (4) The rejection of legal votes; or (5) Offers to bribe, bribery, intimidation, or
other misconduct calculated to prevent a fair, free, and full exercise of the elective franchise.
(b) Any contest of such an election must be commenced within five days after the result of
the election is declared. Such contest shall be instituted in the manner prescribed by Section
17-15-29 and, except as otherwise provided in this article, all...
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17-11-10
Section 17-11-10 Procedure upon receipt of ballot by absentee election manager; counting of
ballots. (a) Upon receipt of the absentee ballot, the absentee election manager shall record
its receipt thereof on the absentee list as provided in Section 17-11-5 and shall safely keep
the ballot without breaking the seal of the affidavit envelope. (b) For absentee ballots received
by noon on the day of the election, the absentee election manager shall, beginning at noon,
deliver the sealed affidavit envelopes containing absentee ballots to the election officials
provided for in Section 17-11-11. The election officials shall then call the name of each
voter casting an absentee ballot with poll watchers present as may be provided under the laws
of Alabama and shall examine each affidavit envelope to determine if the signature of the
voter has been appropriately witnessed. If the witnessing of the signature and the information
in the affidavit establish that the voter is entitled to vote by...
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11-50B-8
Section 11-50B-8 Meetings, hearings, etc., open to public; notice; petition; election; procedure.
(a) Actions of the governing body of a public provider relating to the provision of cable
service or telecommunications service by the public provider, shall be taken in meetings open
to the public consistent with any one or more of Sections 11-43-49, 11-43A-21, 11-44C-25,
and 13A-14-2, as amended, respectively, or other similar statutory provisions, as shall otherwise
govern meetings of the governing body of the affected public provider. (b) Prior to the determination
of the governing body of a public provider of cable service to commence furnishing cable service
to subscribers in the exercise of authority granted under this chapter, the governing body
of the public provider shall conduct a public hearing. Actual notice of the date, time, and
place of the public hearing shall be given not less than 30 days prior thereto, to each private
provider furnishing cable service in the...
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17-12-12
Section 17-12-12 Returns of election - Sealing, delivery, and disposition of records. After
completing and signing the certificate of result, the election officials shall seal the ballots,
certificates, and other records as follows: (1) Where precinct ballot counters are used: a.
The list of registered voters shall be delivered to the judge of probate for transmittal to
the board of registrars for use by the board of registrars in updating their records. b. The
ballot accounting certificate and the first copy of the certificates of result shall be placed
in an envelope addressed to the judge of probate who shall keep them for public inspection
or election contest, or both. c. All voted ballots shall be placed in a voted ballot box and
sealed. All spoiled ballots, unused ballots, and ballot stubs, one copy of the certificate
of results, and the clerk's poll list (already sealed in a separate envelope) shall be placed
in the records of election container which shall be sealed and signed...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-1.htm - 12K - Match Info - Similar pages
45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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