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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17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
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17-16-58
Section 17-16-58 Ballots may be examined. In all contests of elections before the judge of
probate or the circuit court, the judge presiding is authorized to make an examination of
the ballots given or rejected in the election so far as the judge may deem it necessary to
arrive at a correct judgment, and may make and enforce by attachment all necessary orders
to obtain possession of the same, and must make all proper orders necessary for the return
of the ballots to the proper custody after same have been examined by him or her. (Code 1896,
§1699; Code 1907, §473; Code 1923, §563; Code 1940, T. 17, §249; §17-15-31; amended and
renumbered by Act 2006-570, p. 1331, §83.)...
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17-15-6
Section 17-15-6 Notification of sheriff and clerk of circuit court. When any special election
is ordered by the Governor, the judge of probate of the counties in which such election is
to be held must, within three days after receiving notice thereof, notify the sheriff and
clerk of the circuit court of their respective counties of such special election. (Code 1876,
§§269, 4281; Code 1886, §§364, 4180; Code 1896, §§1603, 4687; Code 1907, §§444, 6784;
Code 1923, §§534, 3902; Code 1940, T. 17, §§220, 298; §17-18-6; amended and renumbered
by Act 2006-570, p. 1331, §76.)...
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17-4-6.1
Section 17-4-6.1 Investigation of registered voter reported to be deceased or a nonresident
of the precinct. (a) To facilitate the continuous maintenance of the computerized statewide
voter registration list, each county board of registrars shall investigate written reports
from a family member of an elector, the inspector of an election precinct, the judge of probate,
the sheriff, and the clerk of the circuit court that an elector registered to vote in a precinct
has died or become a nonresident of the precinct in which he or she is registered to vote.
The inspector, judge of probate, sheriff, or clerk of the circuit court shall provide the
board of registrars, on a form to be prescribed by the Secretary of State, sufficient information
to identify the elector in the statewide voter file and a statement as to the source and nature
of the information upon which he or she believes a person is deceased or has become a nonresident
of the precinct in which he or she is registered to vote....
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45-37-140.14
Section 45-37-140.14 Abolition of district. (a) Any district created hereunder may be abolished
in the manner provided for in this section; provided, however, that no district shall be abolished
when it has any indebtedness. (1) Upon the petition for abolition of a district, conforming
to the requirements set forth below, being filed with the judge of probate, he or she shall
order an election on abolition of the district to be held in the district with the time provided
for by Section 45-37-140.04 unless the petition is submitted less than one year before the
next scheduled primary, primary runoff, or a general election in which case the election shall
be held at the next scheduled primary, primary runoff, or a general election, at which qualified
electors residing within the district shall be entitled to vote. The number of qualified electors
residing in the district signing the petition shall not be less than the smaller of these
two numbers: 500, or a number equal to 10 percent of...
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6-6-40
Section 6-6-40 Form. The form of attachment must be in substance as follows, but no objection
shall be taken for any defect in form if the essential matters are set forth: The State of
Alabama, ___ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the
agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge
of the circuit court of said state (or district court judge, or judge of the probate court
or clerk of the circuit court of said county or as the case may be), that G. H. is (or will
be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and
the plaintiff having made affidavit and given bond as required by law in such cases, you are
hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the
said debt and costs, according to the complaint, and such estate, unless replevied, so to
secure that the same may be liable to further proceedings thereon, to be had...
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17-14-2
Section 17-14-2 Holding of general election. General elections throughout the state shall be
held for Governor, Lieutenant Governor, Attorney General, Auditor, Secretary of State, Treasurer,
Commissioner of Agriculture and Industries, three public service commissioners, no two of
whom shall be elected from the same congressional district, Chief Justice and associate justices
of the Supreme Court, judges of the courts of appeals, electors for President and Vice President
of the United States, United States senators, and such other officers as may be required by
law to be elected by the voters of the entire state; for a member of Congress in each congressional
district; judges of the circuit court in each judicial circuit; judges of the district courts
in each district; district attorneys in each judicial circuit; a senator in each senatorial
district; a representative in the Legislature in each house district; a judge of the probate
court, sheriff, clerks of the circuit courts, tax...
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45-8A-110
Section 45-8A-110 Annexation based on resolution of public health or public good; elections.
(a) Whenever the council of the City of Oxford shall pass a resolution to the effect that
the public health or public good requires that certain territory (described in the resolution)
shall be brought within the limits of the City of Oxford: (1) It shall be the duty of the
mayor to certify a copy of such resolution to the Judge of Probate of Calhoun County and the
certified resolution shall have attached thereto a plat or map of the territory proposed to
be annexed, which certified resolution and plat or map shall be filed by the judge of probate.
(2) Within 10 days from the date of the filing of such resolution, the judge of probate must
make and enter an order upon the minutes of the court, directing and ordering an election
to be held by the qualified electors residing within the territory described, not less than
20 days nor more than 40 days from the date of the making of the order. The...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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