17-15-27
Section 17-15-27 Contest of election of judge of circuit or district court - Procedure generally.
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-54 BY ACT 2006-570. (Code 1896, §1695;
Code 1907, §469; Code 1923, §557; Code 1940, T. 17, §243.)...
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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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17-15-28
Section 17-15-28 Contest of election of judge of circuit or district court - Testimony; heard
without jury. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-16-55 BY ACT 2006-570.
(Code 1896, §1694; Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244.)...
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17-16-55
Section 17-16-55 Contest of election of judge of circuit or district court - Testimony; heard
without jury. The testimony on the contest must be taken by deposition as in civil cases at
common law, but no affidavit, other than that of the materiality of the testimony of the witnesses
proposed to be examined, shall be required. Either party may, on giving five days' notice,
require the examination before the commissioner to be oral and that the witnesses be examined
separate and apart from each other. The party against whom the depositions are to be taken
must have at least five days' notice of the time and place of taking such depositions and
of the name and residence of the commissioner or commissioners proposed. The contest must
be heard and determined by the court without the intervention of a jury. (Code 1896, §1694;
Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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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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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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17-16-50
Section 17-16-50 Contest of senator or representative in Legislature - Filing. If the contest
is of the election of a senator or representative in the Legislature, the elector contesting
must file in the office of the clerk of the circuit court of any county of the senatorial
district, if such contest is of the election of a senator, or in the office of the clerk of
the circuit court of the county in which the election was held, if the contest is of the election
of a representative in the Legislature, a statement in writing of the grounds of contest,
as provided in this article, and must give good and sufficient security for the costs of such
contest, to be taken and approved by the clerk. The person whose election is contested must
have 10 days' notice of the statement in writing before the taking of testimony. Notice shall
be served by service of a certified copy of such statement by the sheriff or a constable of
the county, and such sheriff or constable must endorse on the original...
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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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17-16-56
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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17-16-20
Section 17-16-20 Recounts generally. (a) When, in a general election, the election returns
for any public office, including a judicial office, reflect that a candidate is defeated or
any ballot statewide measure is defeated by not more than one half of one percent of the votes
cast for the office, or the ballot measure, as certified by the appropriate election officer,
a recount shall be held unless the defeated candidate submits a written waiver for the recount
as provided herein: (1) In the case of an election for any federal, state, circuit, or district
office, or the state Senate, state House of Representatives, or any other office that is not
a county office, a written waiver for a recount may be submitted to the Secretary of State
within 24 hours after the certification of the results of the election. Upon receipt of the
waiver, the Secretary of State shall immediately order the recount to be cancelled. (2) In
the case of an election for any county office, a written waiver for a...
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