reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-47 - Statement of Grounds of Contest.

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, judge of the circuit court or district court, any office which is filled by the vote of a single county, or constable, he or she must make a statement in writing setting forth specifically:
(1) The name of the party contesting and that he or she was a qualified voter when the election was held.
(2) The office which the election was held to fill and the time of holding the same.
(3) The particular grounds of the contest.
This statement must be verified 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 a cause of contest, it is a sufficient statement of cause to allege that illegal votes were given to the person whose election is contested, which, if taken from that person, will reduce the number of legal votes given to the person to or below the number of legal votes given to some other person for the same office.
(Code 1896, §1686; Code 1907, §460; Code 1923, §550; Code 1940, T. 17, §236; §17-15-20; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 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 cast, which the party expects to prove on the trial. Such notice must be served personally or left at the residence or usual place of business of the adverse party at least 10 days before the taking of testimony in reference to such votes.
(Code 1896, §1687; Code 1907, §461; Code 1923, §551; Code 1940, T. 17, §237; §17-15-21; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 party contesting must give security for the cost of such contest, to be filed and approved as provided in this article.
(Code 1896, §1688; Code 1907, §462; Code 1923, §552; Code 1940, T. 17, §238; §17-15-22; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 of a senator, or in the office of the clerk of the circuit court of the county in which the election was held, if the contest is of the election of a representative in the Legislature, a statement in writing of the grounds of contest, as provided in this article, and must give good and sufficient security for the costs of such contest, to be taken and approved by the clerk. The person whose election is contested must have 10 days' notice of the statement in writing before the taking of testimony. Notice shall be served by service of a certified copy of such statement by the sheriff or a constable of the county, and such sheriff or constable must endorse on the original the fact of such service and such endorsement is presumptive evidence of the fact.
(Code 1896, §1689; Code 1907, §463; Code 1923, §553; Code 1940, T. 17, §239; §17-15-23; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 same making and filing an affidavit stating the name of the witnesses, the place of residence of such witnesses, and that the testimony sought and expected is material. The depositions must be taken on interrogatories filed in the office of the clerk after making and filing the affidavit and of the interrogatories and affidavit and the names and residence of the commissioner or commissioners proposed to be appointed, 10 days' notice must be given the adverse party by service on him or her personally or by leaving at his or her usual place of residence or business a copy of the interrogatories and affidavit, to which must be appended notice of the name and residence of the commissioner proposed to be appointed. Such service must be made by the sheriff or a constable of the county, and within 10 days thereafter such adverse party may file cross-interrogatories, to which the party filing the interrogatories may file rebutting interrogatories, and thereafter commission may issue. The commissioner must give each party five days' notice in writing of the time and place of taking the depositions, which notice may be served by the sheriff or a constable of the county. If the witnesses reside or are to be examined within the county, the adverse party is entitled to demand that they be examined orally, separate and apart from each other, on giving notice within the 10 days allowed to file cross-interrogatories that such examination is required; and if such notice be given, the commission issued must not be accompanied by the interrogatories filed, and must authorize and direct the commissioner to examine the witnesses orally, separate and apart from each other, after giving each party five days' notice of the time and place of the examination. In the execution of all commissions to take testimony under this section, the commissioner must conform to and observe the requirements of the statutes and rules concerning the taking of depositions in civil actions and has and may exercise all the power and authority by the statute conferred on commissioners; and against defaulting witnesses all such proceedings may be had and taken as are authorized by the statutes and rules.
(Code 1896, §1690; Code 1907, §464; Code 1923, §554; Code 1940, T. 17, §240; §17-15-24; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 envelope to the clerk issuing the commission, and must, within five days after taking the deposition, file the same with the clerk, or transmit the same by mail through the nearest post office. The clerk, within five days after the taking of testimony has been finished and the depositions received in his or her office, must make and certify under the seal of the court a true and correct copy of the statement of the grounds of contest and of return of service thereon, and must enclose the same with the depositions so taken and filed in his or her office, and must securely envelop the same, endorsing thereon the title and subject matter of the contest, and direct the package to the presiding officer of that branch of the Legislature before which the contest is to be tried, at the seat of government and deposit the same, postage paid, in the nearest post office.
(Code 1896, §1691; Code 1907, §465; Code 1923, §555; Code 1940, T. 17, §241; §17-15-25; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-53 - Contest of Senator or Representative in Legislature - Costs Taxed.

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, §1692; Code 1907, §466; Code 1923, §556; Code 1940, T. 17, §242; §17-15-26; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-54 - Contest of Election of Judge of Circuit or District Court - Procedure Generally.

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 file in the office of the judge of probate of the county of the residence of the person declared elected, a statement in writing of the grounds of contest, verified by affidavit, as prescribed in this article, and must give good and sufficient security for the costs of the contest, to be approved by the judge of probate. On the filing of the statement and the giving of the security, the judge of probate must endorse thereon an order appointing a day for the trial of the contest, not less than 30 nor more than 50 days from the day of the reception of the certified statement and fixing the place of trial, which must be at some place in the circuit or district in which the election was held, and where a circuit or district court is required to be held, and must issue a summons directed to the person whose election is contested, accompanied with a certified copy of the statement requiring the person to appear within 10 days after the service of the summons and make answer to the statement, which summons shall be served by the sheriff or a constable at least 20 days before the day appointed for the trial. The testimony must be taken by deposition, as is prescribed in Section 17-16-55.
(Code 1896, §1695; Code 1907, §469; Code 1923, §557; Code 1940, T. 17, §243; §17-15-27; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-55 - Contest of Election of Judge of Circuit or District Court - Testimony; Heard Without Jury.

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 materiality of the testimony of the witnesses proposed to be examined, shall be required. Either party may, on giving five days' notice, require the examination before the commissioner to be oral and that the witnesses be examined separate and apart from each other. The party against whom the depositions are to be taken must have at least five days' notice of the time and place of taking such depositions and of the name and residence of the commissioner or commissioners proposed. The contest must be heard and determined by the court without the intervention of a jury.
(Code 1896, §1694; Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-56 - Contest of Election of Judge of Probate Court and Other County and Municipal Officers - Generally.

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 the circuit court, or any other office filled by the vote of a single county or any subdivision thereof, or any office of a city or town not in this article otherwise provided for, the party contesting must file in the office of the clerk of the circuit court of the county in which the election was held, a statement in writing, verified by affidavit, of the grounds of the contest as provided in this article and must give good and sufficient security for the costs of the contest, to be approved by the clerk. On the filing of the statement and the giving of the security, the clerk must enter the contest on the trial docket as a civil action pending in the court for trial, and, after having made such entry, the clerk must issue a summons, accompanied by a copy of the statement directed to the party whose election is contested, requiring the party, within five days after the service of the summons, to appear and make answer to the statement, which summons must be served by the sheriff or by a constable, if the contest is with respect to the office of sheriff. The contest is triable by the court without the intervention of a jury and must be heard and tried in precedence of all other cases, civil or criminal, standing for trial in the court. Either party is entitled to the writ of subpoena to compel the personal attendance of witnesses on the trial of the contest, and against defaulting witnesses such proceedings may be had as against other defaulting witnesses in civil cases pending in the court. Testimony may also be taken by depositions in the case, and in like manner as depositions are taken in other civil cases.
(Code 1896, §1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17, §245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-57 - Contest of Election of Judge of Probate Court and Other County and Municipal Officers - Court Open at All Times.

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.
(Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-58 - Ballots May Be Examined.

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 ballots given or rejected in the election so far as the judge may deem it necessary to arrive at a correct judgment, and may make and enforce by attachment all necessary orders to obtain possession of the same, and must make all proper orders necessary for the return of the ballots to the proper custody after same have been examined by him or her.
(Code 1896, §1699; Code 1907, §473; Code 1923, §563; Code 1940, T. 17, §249; §17-15-31; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-59 - Judgment of Court.

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 person other than the one whose election is contested, received or would have received, had the ballots intended for the person and illegally rejected been received, the highest number of legal votes, judgment must be given declaring such person duly elected, and such judgment shall have the force and effect of investing the person thereby declared elected, with full right and title to have and to hold the office to which the person is declared elected. If it appears that two or more persons have, or would have had, if the ballots intended for them and illegally rejected had been received, the highest and equal number of votes for such office, judgment must be entered declaring the fact, and such fact must be certified to the officer having authority to fill vacancies in the office the election to which was contested. If the person whose election is contested is found to be ineligible to the office, judgment must be entered declaring the election void and the fact certified to the appointing power. If the party whose election is contested is found to have been duly and legally elected, judgment must be entered declaring the party entitled to have and to hold the office to which the party was so elected.
(Code 1896, §1700; Code 1907, §474; Code 1923, §564; Code 1940, T. 17, §250; §17-15-32; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-60 - Contest Not Abated by Death of Contestant.

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 appears in court and substitutes as a contestant and gives good and sufficient security for the costs which have accrued or may accrue on the contest. But if no qualified elector appears and proposes to substitute as the party contesting, the contest abates on the death of the contesting party, and judgment must be rendered against the sureties for the costs of the contest, which must be collected by execution in the name of the party whose election was contested. In all cases the person whose election is contested, if the successful party in such contest, is entitled to judgment for the cost thereof against the party contesting and the sureties, for which execution may issue returnable to the court of probate or to the circuit court, as the case may be.
(Code 1896, §1701; Code 1907, §475; Code 1923, §565; Code 1940, T. 17, §251; §17-15-33; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-61 - Appeals - Generally.

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. From the judgment of the circuit court on the contest of an election of a judge of probate or sheriff or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within 14 days after the rendition of the judgment.
(Code 1896, §1702; Code 1907, §476; Code 1923, §566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-62 - Appeals - Costs.

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 by the judge of probate or clerk of the circuit court, as the appeal may be taken from the judgment of the judge of probate or circuit court, and the appeal bond must be certified with the record to the appellate court, and if judgment is entered confirming the judgment of the judge of probate or of the circuit court, the Supreme Court must render judgment against the appellant and his or her sureties for the costs. An appeal in any and all cases suspends the execution of the judgment or decree of the judge of probate or of the circuit court.
(Code 1896, §1703; Code 1907, §477; Code 1923, §567; Code 1940, T. 17, §253; §17-15-35; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-63 - Statement - Filing; Bond.

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 Industries, justices of the Supreme Court, or judges of the courts of appeals, the elector, within 10 days after the Speaker of the House of Representatives shall have opened the returns and proclaimed the result of the election for 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, as provided in this chapter, must file with the Speaker of the House of Representatives a written statement of the grounds of such contest and a bond with good and sufficient sureties payable to the State of Alabama and conditioned for the payment of such costs as may accrue upon such contest in the event such contest shall result in favor of the contestee. Such bond must be in the sum of five thousand dollars ($5,000) and must be subject to the approval of the Speaker of the House, and such bond, when it shall be approved, shall be filed and recorded in the office of the Secretary of State.
Code 1896, §1672; Code 1907, §478; Code 1923, §568; Code 1940, T. 17, §254; §17-15-50; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 of holding the same.
(3) The particular grounds of contest.
(4) The name of the counties in which any of the alleged grounds of the contest may have occurred, and shall state with particularity the names of the election precinct in each of such counties in which the grounds of contest may be alleged to have occurred.
(5) The grounds on which the declared voter of each of the named election precincts in each county is contested.
Such statement of the grounds of contest must be sworn to by the elector making the contest before some officer authorized to administer oaths in the State of Alabama, and may be amended from time to time as may be determined by the two houses of the Legislature in joint convention assembled. The Speaker of the House shall cause the Clerk of the House forthwith to serve a copy of the statement on the person who may have been declared to have been elected to the contested office.
(Code 1896, §1673; Code 1907, §479; Code 1923, §569; Code 1940, T. 17, §255; §17-15-51; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 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 the final judgment of the joint convention upon the contest shall thereupon become effective as a judgment and shall have the force and effect of vesting the title to the office, which may be the subject of contest in the person in whose favor the judgment may be rendered.
(Code 1896, §1674; Code 1907, §480; Code 1923, §570; Code 1940, T. 17, §256; §17-15-52; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 to take the testimony to be submitted on the contest. Every member of the joint convention, at such time, as may be fixed by resolution of the two houses, shall vote for two senators and three representatives as members of the commission, and the three senators and five representatives who receive the highest number of votes shall be declared elected commissioners.
(Code 1896, §1675; Code 1907, §481; Code 1923, §571; Code 1940, T. 17, §257; §17-15-53; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 of actual sitting when the Legislature is not in session, and necessary expenses, to be paid by the Comptroller's warrant drawn upon the Treasurer, when the chair of the commission shall certify the same to the Comptroller.
(Code 1896, §1676; Code 1907, §482; Code 1923, §572; Code 1940, T. 17, §258; §17-15-54; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › 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 any judge, or clerk of any court of record or such other competent and discreet person as the commission may appoint, to take the deposition of witnesses at such time and place as the warrant shall direct, and the points as to which the testimony is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest of the election of one officer may be used in the contest of the election of any other officer voted for at the same election and contested before the Legislature; provided, that notice that such evidence will be used, or offered, shall be given to the party or parties interested in such other office, so that all parties interested may be present and participate in the taking of such testimony, and provided the party instituting the contest does not object by filing a written objection with the commission.
(Code 1896, §1677; Code 1907, §483; Code 1923, §573; Code 1940, T. 17, §259; §17-15-55; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-69 - Notice to Adverse Party.

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 shall have five days' notice of the application and of the time and place of taking such depositions.
(Code 1896, §1678; Code 1907, §484; Code 1923, §574; Code 1940, T. 17, §260; §17-15-56; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-70 - Commission Has Power to Punish for Contempt.

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 required to be produced by the subpoena, the commission shall have the right and authority to punish the witness for contempt by a fine not exceeding five hundred dollars ($500), or by imprisonment in any county jail in the state for a period not to exceed 30 days, one or both, and in case any witness shall fail to appear or produce any book or document before any judge, clerk of court, or other person having a warrant from the commission, the judge, clerk of court, or other person, must certify the fact to the commission, which may thereupon punish such witness for contempt, as provided in this section.
(Code 1896, §1679; Code 1907, §485; Code 1923, §575; Code 1940, T. 17, §261; §17-15-57; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-71 - Evidence Confined to Allegations; Exceptions.

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 statement of grounds of contest. Nor shall any evidence be taken on the part of the contestee except in rebuttal of the specific allegations of the original or amended statement of the grounds of contest. But upon five days' notice the contestee shall have the right to take evidence of any malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other person; of illegal votes cast for some person other than the contestee; of the rejection of legal votes cast for the contestee; of offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise in any election precinct in the State of Alabama, the election in which is not put in issue by the original or amended statement of the grounds of contest; and when the contestee shall take evidence as herein provided, the contestant shall be permitted to take evidence in rebuttal.
(Code 1896, §1680; Code 1907, §486; Code 1923, §576; Code 1940, T. 17, §262; §17-15-58; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-72 - Each Party Entitled to Be Present.

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.
(Code 1896, §1681; Code 1907, §487; Code 1923, §577; Code 1940, T. 17, §263; §17-15-59; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-73 - Commission to Report Conclusions and Evidence.

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 of the two houses, and all evidence taken under the provisions of this article shall be returned by the commission to the Speaker of the House at such time as the joint convention may direct.
(Code 1896, §1682; Code 1907, §488; Code 1923, §578; Code 1940, T. 17, §264; §17-15-60; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-74 - Compensation of Witnesses.

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 most usually traveled, from their place of residence to where such depositions are taken.
(Code 1896, §1683; Code 1907, §489; Code 1923, §579; Code 1940, T. 17, §265; §17-15-61; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-75 - Sheriffs to Serve Commission's Writs.

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, and shall be allowed the same compensation as is now allowed by law for similar services performed at the command of the courts.
(Code 1896, §1684; Code 1907, §490; Code 1923, §580; Code 1940, T. 17, §266; §17-15-62; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 3 - Election Contests. › Section 17-16-76 - Execution for Costs.

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 item, the name of the person entitled thereto, and the result of such contest and the names of the sureties on the bond for contest, to the clerk of the circuit court of Montgomery County, and the clerk must thereupon issue execution against the unsuccessful party, which execution must be made returnable in 30 days after its issue; and alias and pluries executions may be issued as often as may be necessary. And if it be certified that the determination of the contest was against the contestant, the execution must issue against the sureties on the bond for the contest as well as against the contestant.
(Code 1896, §1685; Code 1907, §491; Code 1923, §581; Code 1940, T. 17, §267; §17-15-63; amended and renumbered by Act 2006-570, p. 1331, §83.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 16 - Post Election Procedures. › Article 4 - Alabama Voter Confidence Act › Section 17-16-90 - Limited Post-Election Audit of the November 8, 2022, Statewide General Election.

Section 17-16-90
Limited post-election audit of the November 8, 2022, statewide general election.
(a) This section shall be known and may be cited as the Alabama Voter Confidence Act.
(b) Notwithstanding any other law to the contrary, the Secretary of State may conduct a limited post-election audit of the November 8, 2022, statewide general election, as provided in this subsection.
(1) The post-election audit shall be conducted no earlier than November 30, 2022, and no later than January 31, 2023.
(2) Upon receiving from the county commission and judge of probate a request of a county to be added to a list of applicants, the Secretary of State may select up to three applicants to participate in the audit. To the extent possible, the three counties selected shall reflect the gender, race, and geographical areas of the state. The audit shall be conducted upon only one voting location in the county on only one statewide office selected by the Secretary of State and on one county office in each of the three selected counties.
(3) In the three selected counties, the Secretary of State shall consult with the respective judge of probate and sheriff to select the day to conduct the audit and the county office to be audited.
(4) To begin the audit process, the Secretary of State shall file a petition with the presiding circuit judge for the county stating the specific reason for the petition and include the specific voting location and races to be audited, and shall request a protective order in addition to the relief requested. If the circuit judge grants the petition, the judge shall deliver a written order to the respective judge of probate and sheriff granting them authority to open the appropriate ballot boxes and provide any other necessary election materials in order for the audit to be conducted. The order shall include the name of the voting location and the names of the statewide office and the county office to be audited. If the circuit judge does not grant the petition, the audit shall be considered concluded.
(5) Poll workers shall be appointed to conduct the post-election audit, and appointments shall be made in the same manner as for any other election activity.
(c) All expenses incurred by any county pursuant to this section shall be reimbursed from federal funds made available for use by the Secretary of State. If no federal funds are available, the Secretary of State shall be responsible for all costs associated with the audit.
(d) The judge of probate shall make all results from the post-election audit public by posting the results on the courthouse door at the conclusion of the audit and posting the results on the official website of the Secretary of State.
(e) The Secretary of State shall report all findings of the post-election audit to the Governor and the Legislature within 30 days of completion of the audit.
(Act 2021-446, §1.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-1 - Arrest of Electors Attending, Going To, or Returning From Elections.

Section 17-17-1
Arrest of electors attending, going to, or returning from elections.
An elector must not be arrested during attendance at elections, or while going to or returning therefrom, except for treason, felony, or breach of the peace or for a violation on that day of any of the provisions of the election law. For such breach of the peace the sheriff or the sheriff's deputy may arrest without process and commit to jail until the offender shall give bond with good and sufficient sureties, to be approved by the sheriff, for appearance at the next session of the circuit court to answer any indictment which may be found against the offender.
(Code 1876, §282; Code 1886, §378; Code 1896, §1634; Code 1907, §298; Code 1923, §369; Code 1940, T. 17, §20; §17-1-6; amended and renumbered by Act 2006-570, p. 1331, §85.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-2 - Duty of Sheriff to Preserve Order at Elections.

Section 17-17-2
Duty of sheriff to preserve order at elections.
Any sheriff or deputy who wilfully or corruptly fails to perform any duty imposed by Section 17-9-1 shall be guilty, upon conviction, of a Class C felony, and, upon conviction, the office of such sheriff is thereby vacated.
(Code 1876, §§281, 4282; Code 1886, §§377, 4181; Code 1896, §§1633, 4688; Code 1907, §§412, 6785; Code 1923, §§502, 3903; Code 1940, T. 17, §§2, 299; §17-1-2; amended and renumbered by Act 2006-570, p. 1331, §85.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-3 - Neglect of Duties by Election Official.

Section 17-17-3
Neglect of duties by election official.
Any election official who wilfully and knowingly neglects, fails, or refuses to perform any of the duties prescribed in this title, shall be guilty, upon conviction, of a Class C misdemeanor. No person shall be deemed an election official until the person takes an oath to well and truly discharge the duties of such office, to the best of his or her ability, or until he or she shall have performed some of the duties pertaining to such office. The failure or refusal of any person to accept office or to discharge and perform the duties of such office at any time after appointment thereto and prior to taking the oath of such office shall not be deemed a violation of this section.
(Code 1896, §4683; Code 1907, §6811; Code 1923, §3929; Code 1940, T. 17, §324; §17-1-5; amended and renumbered by Act 2006-570, p. 1331, §85.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-4 - Improper Use of Official Authority or Position for Political Activities.

Section 17-17-4
Improper use of official authority or position for political activities.
Any person who attempts to use his or her official authority or position for the purpose of influencing the vote or political action of any person shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §86.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-6 - Penalty for Failure to Purge Disqualified Electors.

Section 17-17-6
Penalty for failure to purge disqualified electors.
Any member of the board of registrars who neglects or willfully refuses to perform the duties imposed by Section 17-4-3 shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §86.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-7 - Officers Not to Compare Poll List With Ballot.

Section 17-17-7
Officers not to compare poll list with ballot.
Any inspector, clerk, watcher, or chair of an executive committee who compares the number on the poll list with the number of the ballot of any voter for the purpose of ascertaining how any voter voted, except in case of contest, shall be guilty, upon conviction, of a Class C misdemeanor.
(Code 1907, §6821; Code 1923, §3944; Code 1940, T. 17, §398; §17-16-49; amended and renumbered by Act 2006-570, p. 1331, §87.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-8 - Penalties for Making False Statements to Board, Etc.

Section 17-17-8
Penalties for making false statements to board, etc.
Any person who willfully makes a false statement to the board of registrars, or any duly authorized person, in reidentifying himself or herself as a qualified elector in the manner provided in Chapter 4 shall be guilty, upon conviction, of a Class A misdemeanor.
(Acts 1984, No. 84-389, p. 896, §12; §17-4-191; amended and renumbered by Act 2006-570, p. 1331, §87.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-9 - Penalties for Violating the National Registration Act and the Help America Vote Act of 2002.

Section 17-17-9
Penalties for violating the National Registration Act and the Help America Vote Act of 2002.
Any person who violates Article 3 of Chapter 4 shall be guilty, upon conviction, of a Class C misdemeanor.
(Acts 1994, 1st Ex. Sess., No. 94-826, p. 158, §10; §17-4-256; amended and renumbered by Act 2006-570, p. 1331, §87.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-10 - Notice of Ineligibility for Appointing Board; Serving on Board When Ineligible.

Section 17-17-10
Notice of ineligibility for appointing board; serving on board when ineligible.
Any judge of probate who shall fail to certify to the clerk of the circuit court the fact of the candidacy of the judge of probate, the clerk of the circuit court, or the sheriff, thus rendering them ineligible to serve as members of the appointing board of election managers, in the manner and time he or she is required to so certify such fact under the election laws of this state, shall be guilty , upon conviction, of a violation.
Any judge of probate, sheriff, or circuit clerk who shall act as a member of the appointing board of election managers while a candidate for public office, shall be guilty, upon conviction, of a violation
(Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §87.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-11 - Failure of Inspector or Clerk to Attend Election.

Section 17-17-11
Failure of inspector or clerk to attend election.
Any inspector or clerk appointed by the county appointing board who fails to attend an election without a lawful excuse shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-12 - Consumption of Intoxicating Liquors During Election.

Section 17-17-12
Consumption of intoxicating liquors during election.
Any election official or watcher who drinks any intoxicating liquor while any election is being held, shall be guilty, upon conviction, of a violation.
(Act 2006-570, p. 1331, §88.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-13 - Suppressing Nomination.

Section 17-17-13
Suppressing nomination.
Any person who suppresses any nomination which has been duly filed pursuant to Section 17-9-3, shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-14 - Voting Without Registration and Oath.

Section 17-17-14
Voting without registration and oath.
Any person voting at any county or state election who has not registered and taken and subscribed to the registration oath shall be guilty, upon conviction, of a Class B misdemeanor.
(Act 2006-570, p. 1331, §88.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-15 - Signing Name of Other Person on Poll List.

Section 17-17-15
Signing name of other person on poll list.
Any person who willfully and intentionally signs on the poll list the name of any person other than himself or herself, including any signing by mark, in violation of Section 17-9-11, shall be guilty, upon conviction, of a Class C felony.
(Act 2006-570, p. 1331, §88.)
2023 Code of Alabama › Title 17 - Elections. › Chapter 17 - Election Offenses. › Section 17-17-16 - Unlawful Use of Poll Lists.

Section 17-17-16
Unlawful use of poll lists.
Any election officer or any other person who makes a copy of the signed voter poll list or any memoranda therefrom or list of the persons voting, or discloses the number of such voter's ballot, shall be guilty, upon conviction, of a Class C misdemeanor.
(Act 2006-570, p. 1331, §88.)