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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17-16-47
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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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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17-16-53
Section 17-16-53 Contest of senator or representative in Legislature - Costs taxed. The package
mailed by the clerk must be opened by the presiding officer and presented to the house over
which he or she presides for such action as such house may deem proper. On the determination
of the contest, the Secretary of the Senate or the Clerk of the House, as the case may be,
must certify the result thereof to the clerk of the court in which the statement of contest
was filed. The certificate must be filed in the office of the clerk and shall have the force
and effect of a judgment against the unsuccessful party for the costs of the contest. And
the clerk having taxed the costs, allowing the fees and costs allowed for similar services
in civil cases at law, must issue execution for the amount thereof in the name of the successful
party. If the party contesting the election is the unsuccessful party, the unsuccessful party
sureties must pay the costs of the contest. (Code 1896, §1692; Code...
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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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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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17-16-54
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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17-16-64
Section 17-16-64 Statement - Contents of statement; verification; service; amendments. The
written statement of the grounds of contest must set forth specifically: (1) The name of the
person contesting and that the person 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 contest. (4) The name of the counties in which any of the alleged grounds
of the contest may have occurred, and shall state with particularity the names of the election
precinct in each of such counties in which the grounds of contest may be alleged to have occurred.
(5) The grounds on which the declared voter of each of the named election precincts in each
county is contested. Such statement of the grounds of contest must be sworn to by the elector
making the contest before some officer authorized to administer oaths in the State of Alabama,
and may be amended from time to time as may be determined by...
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17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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