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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