17-15-29
Section 17-15-29 Contest of election of judge of probate court and other county and municipal
officers - Generally. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-56 BY ACT 2006-570.
(Code 1896, §1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940,
T. 17, §245.)...
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17-15-30
Section 17-15-30 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-57
BY ACT 2006-570. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246.)...

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17-16-57
Section 17-16-57 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. For the purpose of hearing and determining any contest
instituted under the provisions of Section 17-16-56, the circuit court shall at all times
be open. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
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17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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17-8-3
Section 17-8-3 When officers ineligible to serve on appointing board. When the judge of probate,
sheriff, or clerk of the circuit court is a candidate for election to any office at that election
and has opposition named on the ballot, he or she shall not serve on the appointing board.
The judge of probate, as the chief election official for the county, shall certify to the
qualified members of the appointing board the fact of the candidacy of any member of the appointing
board immediately after the certificate of nomination, or petition, as provided in Section
17-9-3, is filed. (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, §41.)...

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17-16-60
Section 17-16-60 Contest not abated by death of contestant. In all contests of elections, such
contests are not abated by the death of the party commencing them before final judgment, if
any qualified elector appears in court and substitutes as a contestant and gives good and
sufficient security for the costs which have accrued or may accrue on the contest. But if
no qualified elector appears and proposes to substitute as the party contesting, the contest
abates on the death of the contesting party, and judgment must be rendered against the sureties
for the costs of the contest, which must be collected by execution in the name of the party
whose election was contested. In all cases the person whose election is contested, if the
successful party in such contest, is entitled to judgment for the cost thereof against the
party contesting and the sureties, for which execution may issue returnable to the court of
probate or to the circuit court, as the case may be. (Code 1896, §1701; Code...
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17-14-2
Section 17-14-2 Holding of general election. General elections throughout the state shall be
held for Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer,
Commissioner of Agriculture and Industries, three public service commissioners, no two of
whom shall be elected from the same congressional district, Chief Justice and associate justices
of the Supreme Court, judges of the courts of appeals, electors for President and Vice President
of the United States, United States senators, and such other officers as may be required by
law to be elected by the voters of the entire state; for a member of Congress in each congressional
district; judges of the circuit court in each judicial circuit; judges of the district courts
in each district; district attorneys in each judicial circuit; a senator in each senatorial
district; a representative in the Legislature in each house district; a judge of the probate
court, sheriff, clerks of the circuit courts, tax...
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