17-13-71
Section 17-13-71 Grounds. The contests of nomination by a party for office, other than a county
office, may be instituted by any qualified elector of the state, or of the political subdivision,
as the case may be, who belongs to that party and who legally participated in such primary
election, upon the following grounds, which may be used separately, or else be joined in the
same contest: (1) Malconduct, fraud, or corruption on the part of any inspector, clerk, returning
officer, canvassing board, or other persons. (2) When a person whose nomination is contested
was not eligible to the office sought at the time of the declaration of nomination. (3) On
account of illegal votes given. (4) On account of the rejection of legal votes. (5) Offers
to bribe, bribery, intimidation, or other malconduct or misconduct calculated to prevent a
fair, free, and full exercise of the elective franchise. (6) Miscalculation, mistake, or misconduct
in counting, tallying, certifying, or canvassing which of...
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17-16-40
Section 17-16-40 Grounds of contest. The election of any person declared elected to the office
of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture
and Industries, Public Service Commissioner, senator or representative in the Legislature,
justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court
or district court, or any office which is filled by the vote of a single county, or to the
office of constable may be contested by any person who was at the time of either of the elections
a qualified elector for any of the following causes: (1) Malconduct, fraud, or corruption
on the part of any inspector, clerk, returning officer, canvassing board, or other person.
(2) When the person whose election to office is contested was not eligible thereto at the
time of such election. (3) On account of illegal votes. (4) On account of the rejection of
legal votes. (5) Offers to bribe, bribery, intimidation, or other...
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17-16-71
Section 17-16-71 Evidence confined to allegations; exceptions. No evidence shall be taken on
the part of the contestant unless to sustain some one of the specific allegations of the original
or amended statement of grounds of contest. Nor shall any evidence be taken on the part of
the contestee except in rebuttal of the specific allegations of the original or amended statement
of the grounds of contest. But upon five days' notice the contestee shall have the right to
take evidence of any malconduct, fraud, or corruption on the part of any inspector, clerk,
returning officer, canvassing board, or other person; of illegal votes cast for some person
other than the contestee; of the rejection of legal votes cast for the contestee; of offers
to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full
exercise of the elective franchise in any election precinct in the State of Alabama, the election
in which is not put in issue by the original or amended...
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17-13-78
Section 17-13-78 Statement by elector contesting election. (a) Any elector of a party desiring
to contest the nomination by his or her party of any candidate declared the nominee for any
office shall make a statement in writing setting forth specifically all of the following:
(1) The name of the party contesting and that the elector was a qualified elector when the
primary was held and he or she participated therein. (2) The nomination which the election
was held to fill. (3) The time of holding the election. (4) The name of the person declared
nominated. (5) The particular grounds on which the nomination is contested. (b) The contest
is instituted by filing this statement and giving security as provided in this article, which
statement must be certified by the affidavit of such contesting party to the effect that he
or she believes the same to be true. (c) If the reception of illegal votes is alleged as a
ground for contest, it is a sufficient statement of the ground to allege that...
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17-16-41
Section 17-16-41 When election not annulled. No malconduct, fraud, or corruption on the part
of the inspector, clerk, returning officer, canvassing board, or other person, nor any offers
to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full
exercise of the elective franchise can annul or set aside any election unless thereby the
person declared elected and whose election is contested is shown not to have received the
highest number of legal votes, nor may any election contested under the provisions of this
title 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 or her, would reduce the number of votes given to him or her below the number
of legal votes given to some other person for the same office. No election shall be annulled
or set aside because of the rejection of legal votes unless it appears that such...
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17-13-72
Section 17-13-72 Effect of contest on declared nomination. None of the grounds of contest enumerated
in Section 17-13-71 shall serve to annul or set aside any declared nomination, unless such
ground alone or in conjunction with other of such grounds alleged shall serve to show to the
reasonable satisfaction of the committee trying the contest that the person who was declared
nominated and whose nomination is contested did not receive at such primary the number of
legal votes necessary under this chapter to be nominated. But upon such contest, the committee
shall have power to declare who was legally nominated at such primary for such office. (Acts
1931, No. 56, p. 73; Code 1940, T. 17, §375; §17-16-72; amended and renumbered by Act 2006-570,
p. 1331, §63.)...
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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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17-16-47
Section 17-16-47 Statement of grounds of contest. When any elector chooses to contest the election
of any person declared to be elected to the office of senator or representative in the Legislature,
judge of the circuit court or district court, any office which is filled by the vote of a
single county, or constable, he or she must make a statement in writing setting forth specifically:
(1) The name of the party contesting and that he or she was a qualified voter when the election
was held. (2) The office which the election was held to fill and the time of holding the same.
(3) The particular grounds of the contest. This statement must be verified by the affidavit
of such contesting party to the effect that the same is believed to be true. If the reception
of illegal votes is alleged as a cause of contest, it is a sufficient statement of cause to
allege that illegal votes were given to the person whose election is contested, which, if
taken from that person, will reduce the number of...
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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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11-65-4
Section 11-65-4 Elections required to approve incorporation of commission and conduct of racing
and pari-mutuel wagering thereon. (a) No commission shall be incorporated for a Class 1 municipality
and no horse racing or greyhound racing or pari-mutuel wagering thereon shall be permitted
in such municipality pursuant to this chapter unless the incorporation of such commission,
together with the conduct of horse racing and pari-mutuel wagering thereon or greyhound racing
and pari-mutuel wagering thereon or both such activities, shall have been authorized by an
election held in the host county in which such incorporation and such racing and wagering
activities shall have been approved by both (i) a majority of the votes cast in such election
by voters who reside in the host county (including those voters who reside in the sponsoring
municipality) and (ii) a majority of the votes cast in such election by voters who reside
in the commission municipal jurisdiction. In order to authorize the...
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