Section 17-16-48 – Notice of Nature of Evidence.
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 of this article unless the party complaining thereof has given to the adverse party notice in writing of the number of illegal votes […]
Section 17-16-64 – Statement – Contents of Statement; Verification; Service; Amendments.
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 qualified voter when the election was held. (2) The office which the election was held to fill, and the time […]
Section 17-16-49 – When Contest Commenced; Security for Costs.
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 in this article otherwise provided; and at the time of commencing such contest and the filing of the statement in writing, the […]
Section 17-16-65 – Tried by Joint Convention of House and Senate.
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 […]
Section 17-16-50 – Contest of Senator or Representative in Legislature – Filing.
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 […]
Section 17-16-66 – Commission Elected to Take Testimony.
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 the duty of the Legislature, in joint convention, to elect by ballot three senators and five representatives, who shall act as a commission […]
Section 17-16-51 – Contest of Senator or Representative in Legislature – Testimony.
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 the court where the statement of contest is filed, which commission must issue upon the party applying for the […]
Section 17-16-67 – Sitting of Commission.
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 presided over by a chair of its own selection, and each member of the commission shall receive four dollars ($4) per diem during the time […]
Section 17-16-52 – Contest of Senator or Representative in Legislature – Depositions Returned.
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 thereon the names of the witnesses and the title and subject matter of the contest, and direct the […]
Section 17-16-68 – Commission to Take Testimony.
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 for witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants, under the hand of the chair, to […]