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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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6-6-463
Section 6-6-463 Disposition of claims of other persons suggested by garnishee. (a) When the
garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges,
at any time before final judgment against him, that he has been notified that another person
claims title to, or an interest in, the debt, demand, money, or effects which, by his answer,
he has admitted to be due or owing or to be in his possession, the clerk must issue notice
to the suggested claimant to appear within 30 days after service of the notice and propound
his claim and contest with the plaintiff the right to such debt, demand, money or effects.
(b) If he appears, he must be required to propound his claim in writing and make oath thereto,
upon which the plaintiff must take issue in law or in fact, and the issue in fact must be
tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment
must be entered against the garnishee on his answer or, if for the...
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11-46-44
Section 11-46-44 Votes not to be counted until polls closed; disposition of poll lists and
affidavits; counting of ballots. (a) No votes shall be counted until the polls are closed.
(b) Immediately after the polls are closed at elections where paper ballots are used, the
poll list signed by the voters and the poll list made by one of the clerks shall be sealed
in separate envelopes and labelled before the inspectors begin to count the votes. (c) As
soon as this is done, the ballots cast shall be counted in the following manner: The returning
officer or one of the inspectors must take the ballots one by one from the box in which they
were deposited, at the same time reading aloud the name of each person receiving a vote and
the office for which the person received the vote, and they must separately keep a calculation
of the number of votes each person receives and for what office the person receives them.
If the elector has marked more than there are persons to be elected to an office...
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11-46-55
Section 11-46-55 Canvassing of returns and certificate of election; determination of majority;
runoff elections. (a) Commencing at 12:00 noon on the first Tuesday next after the election,
the municipal governing body shall proceed to open the envelopes addressed to the governing
body which have been delivered by the several returning officers to the municipal clerk, canvass
the returns, and ascertain and determine the number of votes received by each candidate and
for and against each proposition submitted at the election. If it appears that any candidate
or any proposition in the election has received a majority of the votes cast for that office
or on that question, the municipal governing body shall declare the candidate elected to the
office or the question carried, and a certificate of election shall be given to the persons
by the municipal governing body or a majority of them, which shall entitle the persons so
certified to the possession of their respective offices immediately...
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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, ยง1692; Code...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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45-37A-52.90
Section 45-37A-52.90 Election; term; qualification. The first mayor shall be elected at the
same election at which the council members are elected under Section 45-37A-52.06 and shall
hold office until the second Tuesday in November of that year ending in an odd number which
would give him or her a term of office most closely approximating four years and until his
or her successor is elected and qualified. The first mayor shall qualify and take office in
the manner hereinafter prescribed on the second Monday following the date the election of
all nine council members is completed or on the second Monday following the election of such
mayor, whichever last occurs. The regular election for mayor shall be held on the second Tuesday
in October of the year during which the term of the first mayor elected hereunder terminates
and every four years thereafter. The mayor elected at any such regular election, on or before
the fourth Tuesday of November of the year of such election, shall qualify...
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45-39-101.04
Section 45-39-101.04 Vacancies. In the event of a vacancy in the office for any cause, except
removal, the vacancy shall be filled by the county board of education, and the person so appointed
shall hold office until the next general election thereafter when his or her successor shall
be elected. Should any county superintendent by removed for cause by the county board of education,
the vacancy shall be filled by appointment of the State Superintendent of Education, and his
or her appointee shall hold office as in the case provided by appointment of the county board
of education. Provided that the county board of education may remove the county superintendent
for immorality, misconduct in office, incompetency, or willful neglect of duty, any of which
causes must be alleged and proved and the county superintendent shall have the right to be
heard in his or her defense and all such hearings shall be conducted as in cases provided
under the general laws for the impeachment of county...
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17-16-65
Section 17-16-65 Tried by joint convention of House and Senate. The two houses of the Legislature,
in joint convention assembled, and presided over by the Speaker of the House of Representatives,
shall constitute the tribunal for the trial of all contests for the office of Governor, Secretary
of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries,
justices of the Supreme Court, or judges of the courts of appeals and such joint convention
shall fix a day for the trial, which may be adjourned from day to day, and from time to time,
as may be determined by the joint convention. A majority of the joint convention shall be
competent to try all issues involved in the contest and render judgment on all questions arising
during the progress of the trial, including a final judgment on the contest. The proceedings
of the joint convention, as well as all judgments rendered, shall be entered upon the journals
of the Senate and the House of Representatives, and...
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45-25A-40
Section 45-25A-40 Composition; election of members; vacancies. (a) Any law, whether special,
local, or general, or municipal ordinance, to the contrary notwithstanding, the City of Fort
Payne, in DeKalb County, shall not designate by place number, or by other similar method,
seats for city council. (b)(1) In the election for the five members of the city council, if
there are more than five candidates, then the majority of the votes cast for the office in
the election shall be determined by dividing the total votes cast for all candidates for the
offices by the number of positions to be filled, and then dividing that result by two. Any
number of votes in excess of the number determined by the last division shall be the majority
necessary for election. (2) If it appears that any candidate in the election has received
a majority of the votes cast for that office, the municipal governing body shall declare that
candidate elected to the office, and a certificate of election shall be given...
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