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17-16-30
Section 17-16-30 Returning officers. THIS SECTION WAS AMENDED AND RENUMBERED AS SECTIONS 17-13-12
AND 17-17-49 BY ACT 2006-570 IN THE 2006 REGULAR SESSION, EFFECTIVE JANUARY 1, 2007. The sheriff
shall perform the duty of returning officer as in general elections, unless someone else has
been named and designated as authorized by law. It shall be his duty or the duty of such returning
officer as may be otherwise legally named and designated, as the case may be, to return and
deliver to the chairman of the county executive committee of each of the political parties
participating in the primary election, at the office of the judge of probate at the county
seat, the ballot boxes and returns which have been delivered to him by the officers of said
election, and such ballot boxes and returns shall not be allowed to leave his possession and
must be returned by him to such chairman not later than 10:00 A.M. on Wednesday following
said primary election. Each and all persons failing to perform...
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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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17-12-11
Section 17-12-11 Returns of election - How made; duty of judge of probate. One copy of the
certificate of the result of the election shall be signed by the inspector and enclosed in
an envelope, which shall then be securely sealed, and the inspector shall write his or her
name across every fold at which the envelope, if unfastened, could be opened. The envelope,
with certificate enclosed, shall be at once delivered to the judge of probate in the condition
received. The judge of probate shall keep and preserve the same unopened until the canvassing
board meets to ascertain the result of the election. In case of loss, mutilation, or absence
of the original certificate of the result of the election by the inspectors of any voting
place, the envelope shall be opened, and the copy therein shall be accepted as a certificate
of the result of the election for that voting place. The judge of probate shall preserve a
copy of the sealed election returns as a public record at least one year from...
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10A-2-7.03
Section 10A-2-7.03 Court-ordered meeting. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The circuit court
of the county where a corporation's principal office, or, if none in this state, its registered
office, is located may summarily order a meeting to be held: (1) On application of any shareholder
of the corporation entitled to participate in an annual meeting if an annual meeting was not
held within the earlier of 12 months after the end of the fiscal year or 15 months after its
last annual meeting; or (2) On application of a shareholder who signed a demand for a special
meeting valid under Section 10A-2-7.02, if: (i) Notice of the special meeting was not given
within 30 days after the date the demand was delivered to the corporation's president or secretary;
or (ii) The special meeting was not held in accordance with the notice. (b) The court may
fix the time and place of the meeting, determine the...
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10A-2-8.42
Section 10A-2-8.42 Standards of conduct for officers. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a)
An officer with discretionary authority shall discharge his or her duties under that authority:
(1) In good faith; (2) With the care an ordinarily prudent person in a like position would
exercise under similar circumstances; and (3) In a manner he or she reasonably believes to
be in the best interests of the corporation. (b) In discharging his or her duties an officer
is entitled to rely on information, opinions, reports, or statements, including financial
statements and other financial data, if prepared or presented by: (1) One or more officers
or employees of the corporation whom the officer reasonably believes to be reliable and competent
in the matters presented; or (2) Legal counsel, public accountants, certified public accountants,
or other persons as to matters the officer reasonably believes are...
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11-42-44
Section 11-42-44 Notice of election. The said judge of probate shall give notice of the holding
of such election by publication in at least one newspaper and, at the discretion of the judge,
in more than one newspaper published in the county wherein such election is to be held, which
notice shall state the day on which such election will be held, the voting place or places
at which the election will be held and the boundaries within which voters must reside to vote
at the respective voting places, which must be within the territory proposed to be brought
into the city, and such notice must give a description of the territory proposed to be brought
within the city and must state that a map showing the territory proposed to be brought into
the city is on file in the office of the judge of probate of said county, open to the inspection
of the public. (Code 1907, §1079; Code 1923, §1773; Code 1940, T. 37, §142.)...
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17-12-13
Section 17-12-13 Procedure; improperly marked ballots. Except where precinct ballot counters
are used in counting the ballots, the inspector must take the ballots, one by one, from the
box in which they have been deposited, at the same time reading aloud the names of the persons
voted for and the office for which such persons are voted for; the inspector must separately
keep a calculation of the number of votes each person receives and for what office he or she
receives them; if the elector has marked more names than there are persons to be elected to
an office, or if for any reason it is impossible to determine the elector's choice for any
office to be filled, the ballot shall not be counted for such office, but this shall not vitiate
the ballot so far as properly marked, nor shall any ballot be rejected for any technical error
which does not make it impossible to determine the elector's choice, and nothing in the election
law shall be construed so as to prevent any elector from...
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17-3-6
Section 17-3-6 Oath of office; registrars designated as judicial officers. Before entering
upon the performance of the duties of office, each registrar shall take the same oath as required
by the judicial officers of the state, which oath may be administered by any person authorized
to administer oaths. The oath shall be in writing, subscribed by the registrar, and filed
in the office of the judge of probate of the county. Registrars are judicial officers and
shall act judicially in all matters pertaining to the registration of applicants. (Code 1907,
§304; Acts 1920, No. 78, p. 124; Code 1923, §374; Code 1940, T. 17, §25; Code 1975, §17-4-44;
Acts 1978, No. 584, p. 667, §10; §17-4-154; amended and renumbered by Act 2006-570, p. 1331,
§7.)...
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40-5-1
Section 40-5-1 Keeping office open; visits to precincts. The tax collector shall keep his office
open at the courthouse all the year round. In all counties of the state having a population
of 100,000 or less according to the last or any subsequent federal census, the tax collector
shall be required between October 1 and January 1 in each year to visit each precinct in the
county by himself or by deputy to collect the taxes, and he shall give the same notice of
such appointments as is given by the tax assessor. The county commission may by order duly
entered on the minutes relieve the tax collector from making the visits to each voting place
above provided for when in the judgment of the commission it is deemed advisable and shall
by order specify the places in the county which the tax collector shall visit. (Acts 1935,
No. 194, p. 256; Code 1940, T. 51, §189; Acts 1951, No. 658, p. 1116.)...
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10A-2-8.30
Section 10A-2-8.30 General standards for directors. REPEALED IN THE 2019 REGULAR SESSION BY
ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A director
shall discharge his or her duties as a director, including duties as a member of a committee:
(1) In good faith; (2) With the care an ordinarily prudent person in a like position would
exercise under similar circumstances; and (3) In a manner the director believes to be in the
best interests of the corporation. (b) In discharging his or her duties, a director is entitled
to rely on information, opinions, reports, or statements, including financial statements and
other financial data, if prepared or presented by: (1) One or more officers or employees of
the corporation whom the director reasonably believes to be reliable and competent in the
matters; (2) Legal counsel, public accountants, certified public accountants, or other persons
as to matters the director reasonably believes are within the...
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