45-37-72.27
Section 45-37-72.27 Statement of candidacy; petition. (a) No primary election shall be held
to nominate a candidate to fill a vacancy under this subpart. At any election held under this
subpart no person's name shall appear on the ballot as a candidate for the office to be filled
at the election unless such person has filed in the office of the judge of probate of the
county within the time and in the forms prescribed in subsection (b) his or her statement
of candidacy and the petition signed by a least 100 qualified electors of the commission district
requesting that such person become a candidate for the office. (b) Any person desiring to
become a candidate at any election may become such candidate by filing in the office of the
judge of probate of the county such person's statement in writing of such candidacy, accompanied
by such person's affidavit taken and certified by such judge of probate, or by a notary public,
that such person is duly qualified to hold the office for which...
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11-46-55.1
Section 11-46-55.1 Recount procedures. (a) Any person with standing to contest a municipal
election may petition the canvassing authority for a recount of any or all precinct returns.
The time period for requesting a recount ends 48 hours after the official canvass of returns
by the municipal governing body. The petitioner must be prepared to pay the cost of the recount
and must be required to give security to cover these costs in an amount as determined by the
municipal governing body based upon an estimate of actual costs. The recount must be conducted
under the supervision of a trained and certified poll official. Representatives of opposing
interests shall be given at least 24 hours' notice and shall be invited to participate in
the recount. (b) The recount shall be conducted as simply as the type of equipment and local
conditions permit provided that the following minimum safeguards shall be observed: (1) The
box or envelope holding the ballots shall be delivered unopened to the...
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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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17-16-52
Section 17-16-52 Contest of senator or representative in Legislature - Depositions returned.
The commissioner must carefully envelop the depositions taken, with the commission attached,
writing his or her name across the sealing of the envelope and endorsing thereon the names
of the witnesses and the title and subject matter of the contest, and direct the envelope
to the clerk issuing the commission, and must, within five days after taking the deposition,
file the same with the clerk, or transmit the same by mail through the nearest post office.
The clerk, within five days after the taking of testimony has been finished and the depositions
received in his or her office, must make and certify under the seal of the court a true and
correct copy of the statement of the grounds of contest and of return of service thereon,
and must enclose the same with the depositions so taken and filed in his or her office, and
must securely envelop the same, endorsing thereon the title and subject matter...
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11-46-45
Section 11-46-45 Preparation of statements of vote; certification, sealing, and delivery of
statements and poll lists; packaging of ballots; sealing and delivery of ballot boxes. (a)
At elections where paper ballots are used, as soon as the ballots are all counted, the inspectors
must ascertain the number of votes received for each person and for what office and must make
a statement of same in writing. Each of the inspectors must sign this statement and must also
certify in writing on the sealed envelope containing the poll list signed by the electors
that such poll list is the poll list of the election in the ward or voting place at which
they were inspectors, the day and year on which such election was held and for what offices.
The statement of the vote and the poll list thus certified, together with a list of the registered
electors qualified to vote at such voting place at such election on such day, must be sealed
up in an envelope furnished along with the other election supplies...
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17-13-70
Section 17-13-70 Time for contesting generally; hearing. Any contest to a nomination made by
primary election must be filed within 24 hours after the results of the primary election have
been declared, weekends excluded, under the same conditions and on the same grounds as provided
in the laws of Alabama for general elections of state and county officers and as provided
in this chapter. The person whose nomination is contested under this section shall be notified
of the contest in accordance with Section 17-13-83 and shall have five days after notice of
the filing of the contest within which to file with the chair his or her objections and answers
to such contest. Such contest shall be heard and tried by the county executive committee as
to candidates for county offices and by the state committee as to candidates for all other
offices; and wherever there is no county executive committee consisting of enough members
to obtain a quorum, then by the state executive committee. (Acts 1931,...
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11-43-161
Section 11-43-161 Grounds for impeachment - Acceptance of employment from public service corporation;
financial dealings with municipality, etc. No mayor or alderman of any municipality shall
accept employment after his election and during his term of office from any public service
company or corporation operating under any franchise granted by the municipality, and any
person's accepting such employment after his election shall constitute grounds of impeachment
therefor. Any mayor or alderman or other member of the governing body of any municipality
who shall have any private or personal financial dealings with, for, or on account of the
municipality, except such as are imposed by his official position, or who shall render any
service or do any work or supply any commodity for financial compensation, payable out of
the funds of the municipality, shall be guilty of a misdemeanor and the doing of such act
shall constitute grounds for impeachment of such person. (Code 1907, §1175; Code...
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11-44E-168
Section 11-44E-168 Recall of elected official. The mayor or any commissioner shall be subject
to recall. To institute a recall election, any registered voter may present a petition to
the city clerk having the signatures of no less than 30 percent of the registered voters having
voted in the last preceding election. Such petition shall contain the following statement:
To the city clerk. We the following registered voters of _____ (name of municipality) do respectfully
request that you instigate an election to be held for the purpose of recalling _____ (name
of person) who holds the office of _____ (name of office) Signatures of those signing the
petition along with residential addresses shall follow. Upon receipt of such petition, the
city clerk shall make arrangements under Alabama law to hold such election within 30 days
of receipt by the city clerk of such petition. Provided that a majority of registered voters
vote for the recall, then the city clerk shall thereupon declare that...
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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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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
Upon the filing of any contest of nomination, the chair of the executive committee with which
the contest is filed shall file a statement in the office of the clerk of the circuit court
of the county where the contestant resides of the fact that such a contest has been filed,
giving the names of the parties thereto, the nomination contested and the day set for hearing.
After such statement is filed, the clerk of the circuit court shall issue such subpoenas for
witnesses and orders for production of documents and shall issue commissions for the taking
of testimony by deposition as required by either party, each party to the contest being responsible
for costs incurred by him or her for the summoning and attendance of witnesses on his or her
behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall
be the duty of the sheriff to serve all process issued by...
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