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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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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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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17-16-47
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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17-13-78
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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17-13-71
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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17-13-72
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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17-16-48
Section 17-16-48 Notice of nature of evidence. No testimony must be received of any illegal
votes or of the rejection of any legal votes in any contested election commenced under the
provisions of this article unless the party complaining thereof has given to the adverse party
notice in writing of the number of illegal votes and by whom given and for whom given, and
at what precinct or voting place cast, or the number of legal votes rejected, and by whom
offered, and at what precinct or voting place cast, which the party expects to prove on the
trial. Such notice must be served personally or left at the residence or usual place of business
of the adverse party at least 10 days before the taking of testimony in reference to such
votes. (Code 1896, §1687; Code 1907, §461; Code 1923, §551; Code 1940, T. 17, §237; §17-15-21;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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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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17-16-40
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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