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17-13-77
Section 17-13-77 Registration lists to be furnished upon request. The judge of probate of any
county, upon the application of either party to any contest or his or her agent or attorney,
shall deliver to the party, agent, or attorney a certified copy of the registration list of
the county or for any election district, ward, or precinct therein, upon payment of the fees
for certifying and copying the same at the rate of one dollar ($1) per page in making such
copy. Such copies, duly certified, shall be prima facie evidence of the facts stated therein;
namely, copies of the registration lists that the persons named therein were duly registered.
Any chair of any committee or other authority or person in whose possession, control, or custody
there is any list of persons voting at the primary election or any other paper lawfully pertaining
to the primary election, shall furnish a copy thereof for any state, county, district, ward,
or precinct, duly certified by him or her, whenever required...
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17-13-86
Section 17-13-86 Declaration of result of contest. Upon the hearing of any contest, if the
state or county executive committee finally determines who is the legal nominee for any office,
it shall make a declaration of its judgment upon the question not later than 90 days before
the general election for a county office and not later than 83 days before the general election
for a state office. If the committee fails or refuses to hear or determine the outcome of
a contest by the 90th day before the general election for a county office or the 83rd day
before the general election for a state office, the failure or refusal shall be treated as
a dismissal or the rendition of judgment against the contestant, and a certificate thereof
shall be forwarded by either the county chair to the judge of probate or the state chair to
the Secretary of State . (Acts 1931, No. 56, p. 73; Code 1940, T. 17, §387; §17-16-86; amended
and renumbered by Act 2006-570, p. 1331, §63; Act 2014-6, p. 21, §1.)...
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17-16-53
Section 17-16-53 Contest of senator or representative in Legislature - Costs taxed. The package
mailed by the clerk must be opened by the presiding officer and presented to the house over
which he or she presides for such action as such house may deem proper. On the determination
of the contest, the Secretary of the Senate or the Clerk of the House, as the case may be,
must certify the result thereof to the clerk of the court in which the statement of contest
was filed. The certificate must be filed in the office of the clerk and shall have the force
and effect of a judgment against the unsuccessful party for the costs of the contest. And
the clerk having taxed the costs, allowing the fees and costs allowed for similar services
in civil cases at law, must issue execution for the amount thereof in the name of the successful
party. If the party contesting the election is the unsuccessful party, the unsuccessful party
sureties must pay the costs of the contest. (Code 1896, §1692; Code...
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45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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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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17-17-10
Section 17-17-10 Notice of ineligibility for appointing board; serving on board when ineligible.
Any judge of probate who shall fail to certify to the clerk of the circuit court the fact
of the candidacy of the judge of probate, the clerk of the circuit court, or the sheriff,
thus rendering them ineligible to serve as members of the appointing board of election managers,
in the manner and time he or she is required to so certify such fact under the election laws
of this state, shall be guilty , upon conviction, of a violation. Any judge of probate, sheriff,
or circuit clerk who shall act as a member of the appointing board of election managers while
a candidate for public office, shall be guilty, upon conviction, of a violation (Code 1907,
§§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326;
§17-6-3; amended and renumbered by Act 2006-570, p. 1331, §87.)...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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17-14-1
Section 17-14-1 State and county officers who are elected by the people. The following officers
in this state shall be elected by the qualified electors thereof: Governor, Lieutenant Governor,
Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and
Industries, public service commissioners, senators and representatives in the Legislature,
Chief Justice and associate justices of the Supreme Court, judges of the courts of appeals,
circuit courts, and district courts, district attorneys, judges of the probate court, sheriffs,
coroners, clerks of the circuit courts, tax assessors, tax collectors, county treasurers in
counties of more than 56,000 population, as provided by law, members of county commissions,
constables, representatives in Congress, United States senators, electors for President and
Vice President of the United States, and such other officers as may be required by law to
be elected by the people, when not otherwise specially provided for....
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17-16-43
Section 17-16-43 Either party may have copy of registration and poll lists. It shall be the
duty of the judge of probate of any county, upon the application of either party to any contest,
or his or her agent or attorney, to deliver to the party, his or her agent or attorney, a
certified copy of the registration lists and poll lists (one or both) of his or her county,
or of any election precinct therein, upon the payment of his or her fees for certifying and
copying the same at the rate of one dollar ($1) per page in making such copy; and such copies,
duly certified, shall be received as presumptive evidence of the facts therein stated; the
registration lists that the persons therein named were duly registered, and the poll lists
that the persons therein named voted at the election and precinct therein named. (Code 1896,
§1670; Code 1907, §458; Code 1923, §548; Code 1940, T. 17, §234; §17-15-4; amended and
renumbered by Act 2006-570, p. 1331, §83.)...
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17-16-68
Section 17-16-68 Commission to take testimony. The commission shall take testimony on the part
of the contestant, and also on the part of the contestee, and shall have power to send for
witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants,
under the hand of the chair, to any judge, or clerk of any court of record or such other competent
and discreet person as the commission may appoint, to take the deposition of witnesses at
such time and place as the warrant shall direct, and the points as to which the testimony
is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest
of the election of one officer may be used in the contest of the election of any other officer
voted for at the same election and contested before the Legislature; provided, that notice
that such evidence will be used, or offered, shall be given to the party or parties interested
in such other office, so that all parties interested may be...
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