Code of Alabama - Title 17: Elections - Chapter 16 - Post Election Procedures
- Article 1 General Provisions.
- Article 2 Recounts Generally.
- Section 17-16-20 Recounts generally
(a) When, in a general election, the election returns for any public office, including a judicial office, reflect that a candidate is defeated or any...
- Section 17-16-21 Recount procedures
(a) Any person with standing to contest the election under Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any or...
- Article 3 Election Contests.
- 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...
- 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,...
- Section 17-16-42 Voter must answer as to qualifications
Any person examined as a witness may be required to answer if he or she voted at the election contested and to answer touching his...
- Section 17-16-43 Either party may have copy of registration and poll lists
It shall be the duty of the judge of probate of any county, upon the application of either party to any contest, or his or...
- Section 17-16-44 Jurisdiction in election contests; appeal
No jurisdiction exists in or shall be exercised by any judge or court to entertain any proceeding for ascertaining the legality, conduct, or results of...
- Section 17-16-45 Examination of ballots, voting equipment, etc
In all election contests other than political party primaries or runoffs, any person or candidate involved in the contest is entitled to make an examination...
- Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond
In all election contests involving elections other than party primaries or runoffs: (1) The examining person or candidate seeking to examine the ballots, electronic voting...
- 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,...
- Section 17-16-48 Notice of nature of evidence
No testimony must be received of any illegal votes or of the rejection of any legal votes in any contested election commenced under the provisions...
- Section 17-16-49 When contest commenced; security for costs
All contests of elections provided for in this article must be commenced within 20 days after the result of the election is declared, except as...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- Section 17-16-57 Contest of election of judge of probate court and other county and municipal officers - Court open at all times
For the purpose of hearing and determining any contest instituted under the provisions of Section 17-16-56, the circuit court shall at all times be open.
- 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...
- 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...
- Section 17-16-60 Contest not abated by death of contestant
In all contests of elections, such contests are not abated by the death of the party commencing them before final judgment, if any qualified elector...
- 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....
- Section 17-16-62 Appeals - Costs
On the taking of an appeal as provided in Section 17-16-61, the appellant must give bond and security for the costs thereof to be approved...
- Section 17-16-63 Statement - Filing; bond
When any elector shall choose to contest any election for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and...
- 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...
- 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...
- Section 17-16-66 Commission elected to take testimony
When any contest shall have been commenced under the provisions of this article for any of the officers mentioned in Section 17-16-65, it shall be...
- Section 17-16-67 Sitting of commission
The commission provided for in Section 17-16-66 shall sit at such times and places as may be directed by the joint convention, and shall be...
- Section 17-16-68 Commission to take testimony
The commission shall take testimony on the part of the contestant, and also on the part of the contestee, and shall have power to send...
- Section 17-16-69 Notice to adverse party
Whenever either party shall apply to the commission to examine witnesses, either before the commission or by warrant issued from the commission, the adverse party...
- Section 17-16-70 Commission has power to punish for contempt
If any witness, being summoned, fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce the paper or document...
- Section 17-16-71 Evidence confined to allegations; exceptions
No evidence shall be taken on the part of the contestant unless to sustain some one of the specific allegations of the original or amended...
- Section 17-16-72 Each party entitled to be present
Each party shall have the right to be present at the taking of any evidence, in person or by agent or attorney.
- Section 17-16-73 Commission to report conclusions and evidence
It shall be the duty of the commission to examine the evidence adduced upon the contest, and shall report its conclusions to the joint convention...
- Section 17-16-74 Compensation of witnesses
The witnesses shall be allowed for their attendance one dollar ($1) a day and three cents ($.03) a mile coming and going by the route...
- Section 17-16-75 Sheriffs to serve commission's writs
The sheriffs of Alabama in their respective counties are required to serve subpoenas and such other writs as the commission may have authority to issue,...
- Section 17-16-76 Execution for costs
After the determination of the contest, the Clerk of the House of Representatives must tax the costs accrued and certify the amount of each separate...
Last modified: May 3, 2021