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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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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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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17-16-55
Section 17-16-55 Contest of election of judge of circuit or district court - Testimony; heard
without jury. The testimony on the contest must be taken by deposition as in civil cases at
common law, but no affidavit, other than that of the materiality of the testimony of the witnesses
proposed to be examined, shall be required. Either party may, on giving five days' notice,
require the examination before the commissioner to be oral and that the witnesses be examined
separate and apart from each other. The party against whom the depositions are to be taken
must have at least five days' notice of the time and place of taking such depositions and
of the name and residence of the commissioner or commissioners proposed. The contest must
be heard and determined by the court without the intervention of a jury. (Code 1896, §1694;
Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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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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17-16-50
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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17-12-15
Section 17-12-15 Time and manner of canvassing. On the second Friday next after the election,
at the hour of 12:00 noon, the sheriff, in person or by deputy, and the judge of probate and
the clerk of the circuit court shall assemble at the courthouse; and if there is no such judge
or clerk, or if either of them fails to attend, or if either of them is interested by reason
of having been a candidate at such election, his or her place must be supplied by a respectable
elector of the county, appointed by the board hereinbefore provided for the appointing of
the inspectors in the various voting places for the election, at the time of appointing the
election inspectors, and if the appointing board fails to provide for such member or members,
or if any member or members as herein provided should fail to attend at the time and place
herein mentioned, the sheriff shall supply such deficiency by a respectable elector of the
county; and if all such officers are of the same political party, then...
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17-9-3
Section 17-9-3 Persons entitled to have names printed on ballots; failure of Secretary of State
to certify nominations. (a) The following persons shall be entitled to have their names printed
on the appropriate ballot for the general election, provided they are otherwise qualified
for the office they seek: (1) All candidates who have been put in nomination by primary election
and certified in writing by the chair and secretary of the canvassing board of the party holding
the primary and filed with the judge of probate of the county, in the case of a candidate
for county office, and the Secretary of State in all other cases, on the day next following
the last day for contesting the primary election for that office if no contest is filed. If
a contest is filed, then the certificate for the contested office must be filed on the day
next following the date of settlement or decision of the contest. (2) All candidates who have
been put in nomination by any caucus, convention, mass meeting,...
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12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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