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11-43A-7
Section 11-43A-7 Time for change in form of government. The change in the form of government
shall take place on the first Monday in November following the date of the next ensuing municipal
election for the election of members of the governing body held by the municipality during
a general municipal election year as established by Section 11-46-21, except in Class 6 cities
wherein the municipal governing body has elected to have a nine-member council as authorized
in Section 11-43A-8; and in such cities the change in the form of government may take place
on the first Monday in November in any even-numbered year, designated therefor by the municipal
governing body unless the election approving such change was held in 1983, in which case the
change shall take place on the first Monday in October 1986. (Acts 1982, No. 82-517, p. 851,
§7; Acts 1983, No. 83-621, p. 964, §1; Act 2019-360, §2.)...
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11-46-43
Section 11-46-43 Right of secret ballot; write-in voting prohibited. (a) Every voter in a municipal
election shall have the right to vote a secret ballot which shall be kept secret and inviolate.
(b) Electors shall not be entitled to vote for any person whose name does not appear on the
ballot, and no elector shall write in the name of any person on the ballot. (Acts 1961, No.
663, p. 827, §23; Acts 1976, No. 358, p. 403, §13.)...
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11-46-71
Section 11-46-71 Annulment of elections. No misconduct, fraud, or corruption on the part of
the election officers, the marker, the municipal governing body, or any other person, nor
any offers to bribe, bribery, intimidation, or other misconduct which prevented a fair, free,
and full exercise of the elective franchise can annul or set aside any municipal election
unless the person declared elected and whose election is contested shall be shown not to have
received the requisite number of legal votes for election to the office for which he was a
candidate thereby, nor must any election contested under the provisions of this article be
annulled or set aside because of illegal votes given to the person whose election is contested
unless it appears that the number of illegal votes given to such person, if taken from him,
would reduce the number of votes given to him below the requisite number of votes for election.
No election shall be annulled or set aside because of the rejection of...
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17-10-3
Section 17-10-3 Voting in precinct, etc., where elector's name does not appear on official
list. It shall be unlawful for any elector to cast his or her ballot during any general election,
primary election, municipal election or special election in any precinct, any district, any
ward, or any other subdivision where his or her name does not duly appear upon the official
list of the precinct, district, ward, or subdivision. All ballots cast in any election contrary
to this section are hereby declared illegal and, upon a contest duly instituted, the ballots
shall be excluded in determining the final result of any election; provided, that nothing
in this section shall prevent any qualified elector residing in the precinct, ward, or voting
district from voting after presenting a proper certificate from the board of registrars, or
from voting a provisional ballot or a provisional ballot in municipal elections when his or
her name does not duly appear upon the official list of the precinct,...
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17-11-3
Section 17-11-3 Absentee balloting generally. (a) Any qualified elector of this state may apply
for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined
by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary,
general, special, or municipal election, if he or she makes application in writing therefor
not less than five days prior to the election in which he or she desires to vote and meets
one or more of the following requirements: (1) The person expects to be out of the county
or the state, or the municipality for municipal elections, on election day. (2) The person
has any physical illness or infirmity which prevents his or her attendance at the polls, whether
he or she is within or without the county on the day of the election. (3) The person expects
to work a shift which has at least 10 hours which coincide with the hours the polls are open
at his or her regular polling place. (4) The person is...
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17-12-5
Section 17-12-5 Retest of equipment. The judge of probate may order a post-election retest
of any precinct ballot counter or memory pack tabulator using the same procedures prescribed
for the pre-election test. If the retest shows a malfunction or error in the equipment or
its program, the judge of probate shall order a recount at county expense. (Act 2006-570,
p. 1331, §55.)...
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17-9-50.1
Section 17-9-50.1 Photographing or revealing contents of another voter's ballot. (a) At any
polling place in any state, county, or municipal election, an individual may not do either
of the following: (1) Take a photograph of a ballot, other than the individual's own ballot.
(2) Reveal another voter's ballot in a manner that would disclose its contents to anyone other
than an individual lawfully assisting the voter. (b) An individual who violates subsection
(a), upon conviction, shall be guilty of a Class A misdemeanor. (c) This section does not
prohibit a voter from making available a photograph of the voter's own ballot by posting the
photograph on the Internet or in some other electronic medium, and any retransmittal of the
photograph does not constitute a violation of this section. (Act 2019-370, §1.)...
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11-43A-8
Section 11-43A-8 Name of governing body; composition of council; election of council; alternate
form for Class 6 cities. (a) The governing body provided for herein shall be known collectively
as the "Council of the City (Town) of _____ (name of city or town to be inserted)"
and shall have the powers and duties hereinafter provided. Except as hereinafter provided
and as otherwise provided for in Section 11-43A-1.1, the council shall have five members.
One member shall be the mayor, elected by the voters at large, to preside over the deliberations
of the council. One member shall be a council member elected by the voters at large. Three
members shall be council members elected by the voters from each of three single-member districts.
The council first elected shall qualify and take office on the first Monday in November following
the date of the next ensuing municipal election held for the election of members of a municipal
governing body during a general municipal election year. (b) In...
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11-46-5
Section 11-46-5 Date of elections in certain municipalities. The governing body of a municipality
having a general municipal election or runoff election required by general or local act at
a time different from the dates now or hereafter provided by Article 2, Chapter 46 of Title
11, may elect by ordinance to have the election at the same time required by Article 2 and
the election made by ordinance shall not have the effect of changing the beginning of a term
of office or the time for taking office. (Acts 1980, No. 80-243, p. 320; Acts 1993, No. 93-760,
p. 1514, §1.)...
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11-46-68
Section 11-46-68 Miscellaneous offenses. (a) Any person who shall willfully fail or refuse
to perform or discharge any duty relating to absent voters required of him by this article
shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $100.00.
(b) Any person found drunk or intoxicated at or about any polling place during any municipal
election day is guilty of a misdemeanor and, upon conviction, shall be fined not more than
$500.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county
for not more than six months. (c) Any person who, at a municipal election, interferes with
any elector when inside the polling place or when marking the ballot, or unduly influences
or attempts to unduly influence any elector in the preparation of his ballot must, on conviction,
be fined not less than $10.00 nor more than $100.00. (d) Any person who, during or before
a municipal election, willfully removes, tears down, destroys, or defaces any...
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