The Birmingham age-herald., 1915-10-23

low. the number or legal votes gwen
 to some other person for the same of flee. Nor must any nomination be an-
 nulled or set aside because of the re- jection of legal votes. unless 1t ap- pears that such legal votes if given to the person intended would increase the number Of legal votes to or above the number of legal votes received by any other person for the same office.
 Sec. II. Any person examined as a
 witness may be required to answer if he voted Ut the primary election con tested. and to answer his qualifica- tions; and if he was not at such cleo tion qualified voter. he may be re- auired to answer for whom he voted. If he makes full. true answers which may tend to criminate him he shall not
 be prosecuted for voting at such cleo ton.
 Sec. 42. Ii shall be the duty of the judge of probate of any county upon
 the application of either party to any contest or his agent or attorney. to de- liver to the party his agent or attor- ney, certified copy of the registration
 lists and list of poll taxes tone or
 both) of his county. or any election
 precinct therein. upon the payment of his fees for certifying and cop.,ing
 same, at the rate of 15 cents per 100
 words written by him in making such copy and such copies. duly certified,
 Sndll De TeteiNeu as pTesutnptlNe eNl- dence of the facts therein stated, the registration lists that the persons therein named were duly registered and the poll tax lists that the persons
 therein named had paid poll taxes as
 thei ein stated. and any chairman of any committee or other authority in
 whose possession or control there Is
 any poll lists of any such primary election shall furnish a copy of such
 poll lists for any precincts as may be
 required in writing by either party to
 pending contest upon the applicant
 paying in advance the cost of preparing
 such copy or copies
 Sec. IS. Any elector desiring to con
 test the nomination of any candidate
 declared the nominee. of any office
 shall make a statement in writing. set
 ting forth specifically: First. the name
 of the party contesting and that he
 was a qualified voter when the primary
 election was held and participated in
 same. Second. the office which said
 election was held to fill and the time of holding the same and the name of the person declared nominated. Third, the particular grounds of said contest. 1 This statement must be certified by the affidavit of such contesting party to the effect that the same is believed to be true. If the reception of illegal
 votes Is alleged as cause of contest, it cause to allcge that illegal votes were given to the person whose nomination is contested. which. if taken from him. will reduce the number of legal votes given to him to or below the number of legal votes given to some other person for the same office.
 Sec. A. No testimony must be re- ceived of any illegal votes, or of the
 rejection of any legal votes in any contest commenced under the provis-
 ions of this act unless the party com plaining thereof has given to the ad- verse party notice in writing of the number of Illegal votes and by whom given. and for whom given and at what precinct or voting place cast or the number of legal votes rejected, and by whom offered and at what precinct or voting place they were not allowed to be cast which he expects to prove on the trial Such notice must be served personally or left at the resi- dencc or usual place of business of tho adverse party. at least five days be- fore tho taking of. the testimony in reference to such votes. ffi Sec. s45. Any contest of nomina- tion to any office voted for by the voters of one county must be com | menced within five days after the re- suit has been canvassed and declared by the county executive committee of
 
 | tion,s by filing q statement of contest 1 with the chairman of such county com l mittee and at the time of filing such contest, he must deposit with such chairman the srin of $i00 in cash to l be used by said county committee in l paying the expenses of such contest as such expenses may he directed or au- thorized by said county executive com mittee. Theaperson whose nomination l Is contested shall have five days after | the filing of such contest within which to file with the chairman. his 'objec- tions or answer to such contest. ' Sec. 46 The chairman of the county | committee upon the filing with him of any contest as herein provided. shall within five days call said committee together at the county seat at a time
 not less than 10 days nor more than 20 days after the filing of such con I test, to hear and determine the same.
 Sec A.. Either party to said contest I shall have the right of an appeal to the state executive committee from the final decision of the county committee upon the same Notice of such appeal must be filed with the chairman of the county committee. and also with the chairman of the state committee within I 10 days after determination of such contest by the county committed, and
 at the time of fiiinK with the chair
 man of the state committee his notice of appeal. such appellant shall deposit 1 with the chairman of the state com
 mittee the sum of S100 to cover such costs and expenses as may be incurred 1 by the state committee to hear and de- l termine said appeal and upon the filing l of any such appeal the chairmen of 1 the county committee from whose de- | eision the appeal is taken. shall certify 1 to the chairman of the state commit 1 tee immediately upon receiving notice | of such appeal, a transcript showing a complete record of the proceedings be- | fore the county committee In such con tests and also statement of the sub l stance of the testimony of. each wit ness taken in the trial of the contest
 before the county committse and such statement may be offered in evidence
 upon. the hearing of the appeal by 1 either party to the contest, But ad
 ditional evidence may also be offered by
 either, party to the appeal. ist9 | Sec. 4B. The chairman of the state | executive committee shall call said | committee to meet at a time not less than 10 days nor more than 40 days from the time of the filing of any such appeal. for the purpose of hearing and determining the sames and upon a final
 determination of said appeal the chair | man of such state executive commit | tive committee from which the appeal
 was taken the order or judgment oi
 such state committee upon the appeal
 and said county executive committed | shall Immediately act thereon in ac-
 cordance with the terms of such or der. decree or judgment And upon the
 failure or refusal of such county com nittee to comply with the terms oi
 such order or Judgment within. the l ---