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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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41-10-260
Section 41-10-260 Definitions. The following terms, wherever used in this article, shall have
the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY.
The public corporation organized pursuant to the provisions of this article. (2) BOARD OF
DIRECTORS. The board of directors of the authority. (3) BONDS. When used with reference to
debt instruments issued by the authority, means bonds, notes and other forms of indebtedness.
(4) BUILDING COMMISSION. The Building Commission created by Act No. 128 adopted at the 1945
Regular Session of the Legislature of the state, and any successor agency thereto. (5) CHIEF
JUSTICE. The Chief Justice of the Supreme Court of the State of Alabama. (6) GOVERNMENT SECURITIES.
Any bonds or other obligations which as to principal and interest constitute direct obligations
of, or are unconditionally guaranteed by, the United States of America, including obligations
of any federal agency to the extent such obligations are...
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45-28-71
Section 45-28-71 Filling vacancies. (a) Whenever a vacancy occurs, for any reason whatsoever,
in any Etowah County office more than one year before the expiration of the term of office,
the Etowah County Commission shall forthwith order an election to be held by the qualified
electors of the county to fill such vacancy. Such election shall otherwise be held and conducted
in the same manner as provided by law for countywide or special elections. (b) In the event
the unexpired term is for less than a year, the county commission shall, at their discretion,
either make an appointment for the unexpired term or oversee the operation of the vacant office.
Provided, however, that no person appointed nor any member of the county commission shall
be eligible to immediately qualify to hold the same office subsequent to such special election
without the elapse of one full term. Thereafter, such person shall be eligible to qualify
for the office, as provided by law. (Act 88-790, p. 227, §§1, 2.)...
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12-2-19
Section 12-2-19 Promulgation, filing and publication of rules; construction and interpretation
of rules. (a) Since the Supreme Court now has the initial primary duty to make and promulgate
rules governing practice and procedure in all courts, as well as rules of administration for
all courts, all such rules made and promulgated by the Supreme Court shall be filed in the
office of the Clerk of the Supreme Court and published in the official report of decisions.
The Clerk of the Supreme Court shall certify to the Secretary of State all such rules. The
Secretary of State shall cause the rules to be published in any code of the laws of Alabama
whenever the codes are published or in pocket supplements to codes. (b) In connection with
its duty to make and promulgate such rules, the Legislature finds that it is within the scope
of such authority for the Supreme Court to make rules of administration pertaining to the
collection, use, protection and disclosure of information, statistics and...
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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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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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43-2-170
Section 43-2-170 Appointment and duties generally; term of office. Each judge of probate must
appoint a suitable person as a general administrator within his county, who must take charge
of the estates of deceased persons or act as special administrator, in those cases in which
no other persons entitled thereto will administer and no other person is appointed by the
court. His office shall expire with the expiration of the term of the judge who appointed
him. (Code 1852, §1680; Code 1867, §2000; Code 1876, §2362; Code 1886, §2027; Code 1896,
§69; Code 1907, §2535; Code 1923, §5757; Code 1940, T. 61, §134.)...
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11-44E-46
Section 11-44E-46 Vacancies in commission. (a) Whenever a vacancy in the office of commissioner
shall occur by reason of death, resignation, removal, or any other cause, and the remainder
of the term is six months or less, the remaining members shall, by a majority vote, appoint
a commissioner to serve the remainder of the vacated term, who shall serve until a successor
has been elected and qualified. (b) If the remainder of the vacated term is more than six
months, the remaining members shall, by a majority vote, appoint a commissioner to serve until
a successor has been elected and qualified as hereinafter provided. The interim commissioner
selected shall receive the same rate of pay and allowances provided for the commissioner whose
vacated office he or she fills. The mayor shall within 10 days after the occurrence of the
vacancy, call for a special election to be held in the district of the vacancy on a Tuesday
not less than 60 days and not more than 120 days from the date the...
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11-50-342
Section 11-50-342 Qualifications, appointment, terms of office, compensation, and removal of
members of board; oath and bond thereof; vacancies; election of officers; quorum. (a) Each
board of water and sewer commissioners shall consist of three members appointed by the council.
The members first appointed shall serve for terms of two, four, and six years, respectively,
from the date of the judge of probate's certificate mentioned in subsection (c) of Section
11-50-341 and until their successors shall be duly appointed and qualified; provided, however,
that a council which has heretofore created or hereafter creates a board as provided in this
article may, at its option, increase the board from three to five members to serve according
to all the conditions and terms set forth in this article. In the event the council elects
to increase the membership of the board from three to five members, one member added to the
board shall be appointed to serve for a term of four years, and the...
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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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