Chapter 1 - Post Election Procedures
- Article 1 General Provisions.
- Section 17-16-1 Preservation of voted ballot containers and records of election containers; electronic voting specialists
(a) The voted ballot containers and records of election containers shall remain sealed for the time provided by law for the filing of contests ...
- Section 17-16-2 Reimbursing counties for election expenses - "Expenses" defined
As used in this chapter, the term "expenses" shall include the following items, and no other: (1) The per diem and mileage provided by ...
- Section 17-16-3 Reimbursing counties for election expenses - Both federal or state and county offices
Except as provided in Section 17-8-12, the State of Alabama shall reimburse a county for one half of all sums expended by the county ...
- Section 17-16-4 Reimbursing counties for election expenses - Only federal or state offices
The State of Alabama shall reimburse a county for all sums expended by the county in payment of expenses incurred in holding and conducting ...
- Section 17-16-5 Reimbursing counties for election expenses - Constitutional amendments in general
Except as provided in Section 17-8-12, the State of Alabama shall reimburse a county for one half of all sums expended by the county ...
- Section 17-16-6 Reimbursing counties for election expenses - Constitutional amendments affecting state as a whole
The State of Alabama shall reimburse a county for all sums expended by the county in payment of expenses incurred in holding and conducting ...
- Section 17-16-7 Reimbursing counties for election expenses - Appropriation
There is hereby appropriated of any funds in the State Treasury not otherwise appropriated such sum or sums as may be necessary to carry ...
- Section 17-16-8 Party committees for state and political subdivisions; state executive committees vested with party powers when local committees not established
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-44 BY ACT 2006-570. ...
- Section 17-16-9 Provision for election of members of state executive committees
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-45 BY ACT 2006-570. ...
- Section 17-16-10 Payment of compensation of officers and other expenses of elections
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-4 BY ACT 2006-570. ...
- Section 17-16-11 Filing of declarations of candidacy by candidates; certification of names of candidates to Secretary of State and probate judges; preparation of ballots; unopposed candidates not listed on ballots
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-5 BY ACT 2006-570 IN THE 2006 REGULAR SESSION, EFFECTIVE JANUARY 1, 2007. (a)(1) Except as ...
- Section 17-16-12 Only qualified candidates to be listed on ballots
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-6 BY ACT 2006-570. ...
- Section 17-16-13 Notice by governing body of political party of desire to enter primary
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-46 BY ACT 2006-570. ...
- Section 17-16-14 Persons eligible to vote in primary elections; establishment of qualifications for voters; voters to sign pledge of party support in general election on poll lists
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-7 BY ACT 2006-570. ...
- Section 17-16-15 Assessments and other qualifications for candidates for nomination
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-47 BY ACT 2006-570. ...
- Section 17-16-16 Assessment of unauthorized fees against candidates
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570. ...
- Section 17-16-17 Selection and appointment of officers to conduct elections
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-48 BY ACT 2006-570. ...
- Section 17-16-18 Ballots, stationery and supplies; effect of change, mutilation, etc., by voter of pledge on ballot
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-8 BY ACT 2006-570. ...
- Section 17-16-19 Ballot boxes or voting machines; disposition of returns, certificates and lists of voters after canvass of votes
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570. ...
- 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 ...
- 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 ...
- Section 17-16-22 Duty of probate judge to furnish election supplies; delivery of election supplies
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-9 BY ACT 2006-570. ...
- Section 17-16-23 Challenge of voters - Duty of inspectors when voter's name not on official list of voters; affidavit by voter; certificate from probate judge entitles voter to vote without challenge
Repealed by Act 2003-313, p. 733, §12, effective June 19, 2003. ...
- Section 17-16-24 Challenge of voters - Marking of challenged ballots; disposition of affidavits of challenged voters
Repealed by Act 2003-313, p. 733, §12, effective June 19, 2003. ...
- Section 17-16-25 Ballots to be kept secret and inviolate; procedure for handling ballots by inspectors; delivery of sealed records to chairman of county executive committee; restrictions on opening of sealed records; when sealed records to be destroyed
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-10 BY ACT 2006-570. ...
- Section 17-16-26 Watchers at polls
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-11 BY ACT 2006-570. ...
- Section 17-16-27 Assistance to illiterate or disabled voters
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570, EFFECTIVE JANUARY 1, 2007. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. ...
- Section 17-16-28 Unauthorized assistance to voter in preparation of ballot
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-17-48 BY ACT 2006-570 IN THE 2006 REGULAR SESSION, EFFECTIVE JANUARY 1, 2007. THIS SECTION WAS ...
- Section 17-16-29 Elector receiving unauthorized assistance, divulging vote, etc
THIS SECTION WAS REPEALED IN THE 2006 REGULAR SESSION BY ACT 2006-570. ...
- Section 17-16-30 Returning officers
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTIONS 17-13-12 AND 17-17-49 BY ACT 2006-570 IN THE 2006 REGULAR SESSION, EFFECTIVE JANUARY 1, 2007. The ...
- Section 17-16-31 Counting of votes; results to be posted for public inspection
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-13 BY ACT 2006-570. ...
- Section 17-16-32 Procedure for counting of ballots and returning results of election; posting of certificate of results at polling place
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-14 BY ACT 2006-570. ...
- Section 17-16-33 Disposition of ballot box after canvass of result; when ballot box may be opened by chairman of county executive committee
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-15 BY ACT 2006-570. ...
- Section 17-16-34 Public proclamation of results of election; distribution of certificates of results
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-16 BY ACT 2006-570. ...
- Section 17-16-35 Canvass, tabulation, and declaration of results
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-17 BY ACT 2006-570. ...
- Section 17-16-36 Candidate with majority votes declared nominee of party; second primary election; certification of results
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-18 BY ACT 2006-570. ...
- Section 17-16-37 Procedure when one candidate declines to enter second primary
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-19 BY ACT 2006-570. ...
- Section 17-16-38 Determination of "majority" of votes cast
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-20 BY ACT 2006-570. ...
- Section 17-16-39 Tie votes
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-21 BY ACT 2006-570. ...
- 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, ...
- 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, ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- Article 2 Recounts.
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- 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 ...
- Section 17-16-77 Registration lists to be furnished upon request
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-77 BY ACT 2006-570. ...
- Section 17-16-78 Statement by elector contesting election
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-78 BY ACT 2006-570. ...
- Section 17-16-79 Contestant to notify contestee of votes sought to be proved illegal
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-79 BY ACT 2006-570. ...
- Section 17-16-80 Contest of nomination to county office - Time and manner of commencement
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-80 BY ACT 2006-570. ...
- Section 17-16-81 Contest of nomination to county office - Duty of chairman of county executive committee in case of contest
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-81 BY ACT 2006-570. ...
- Section 17-16-82 Contest of nomination to county office - Appeals from decisions of county executive committee
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-82 BY ACT 2006-570. ...
- Section 17-16-83 Manner of commencing contest of nomination to office other than county office
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-83 BY ACT 2006-570. ...
- Section 17-16-84 Filing statements of contests; depositions; costs; service of process; contempt
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-84 BY ACT 2006-570. ...
- Section 17-16-85 Meeting of state executive committee
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-85 BY ACT 2006-570. ...
- Section 17-16-86 Declaration of result of contest
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-86 BY ACT 2006-570. ...
- Section 17-16-87 New primary in case contest cannot be decided
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-87 BY ACT 2006-570. ...
- Section 17-16-88 Power of state committee to provide rules of party procedure
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-88 BY ACT 2006-570. ...
- Section 17-16-89 Commissioners to take testimony
THIS SECTION WAS AMENDED AND RENUMBERED AS SECTION 17-13-89 BY ACT 2006-570. ...
