Code of Alabama
Ala. Code § 11-46-69 (2026)
Contest of Elections - Grounds; Commencement of Action.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The election of any person declared elected to any office of a city or town may be contested by any person who was at the time of the election a qualified elector of such city or town for any of the following causes:
(1) Misconduct, fraud, or corruption on the part of any election official, any marker, the municipal governing body, or any other person;
(2) The person whose election to office is contested was not eligible thereto at the time of such election;
(3) Illegal votes;
(4) The rejection of legal votes; or
(5) Offers to bribe, bribery, intimidation, or other misconduct calculated to prevent a fair, free, and full exercise of the elective franchise.
(b) Any contest of such an election must be commenced within five days after the result of the election is declared. Such contest shall be instituted in the manner prescribed by Section 17-15-29 and, except as otherwise provided in this article, all proceedings relative to contests of elections to municipal offices shall be governed by the provisions of Articles 2 and 3, Chapter 15, Title 17 of this Code, insofar as they are applicable.
(Acts 1961, No. 663, p. 827, §49.)
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1984–2026 · leading case: Smith v. Burkhalter, 28 So. 3d 730 (Ala. 2009).
Smith v. Burkhalter, 28 So. 3d 730 (Ala. 2009). “On September 3, 2008, Wallace, Burkhalter, and McWhorter (hereinafter referred to collectively as "the contestants") filed an election contest, pursuant to § 11-46-69, Ala.Code 1975. The contestants claimed that illegal absentee ballots were cast at the August 26, 2008, general…”
Etheridge v. State Ex Rel. Olson, 730 So. 2d 1179 (Ala. 1999). “Etheridge's election under Ala.Code 1975, § 11-46-69, which, in pertinent part, provides: "(a) The election of any person declared elected to any office of a city or town may be contested by any person who was at the time of the election a qualified elector of such city or town…”
Ex Parte Krages, 689 So. 2d 799 (Ala. 1997). “" Count Two alleged that "in accordance with Ala.Code § 11-46-69 and the provisions of the `Fair Campaign [Practices] Act,' [Ala.”
Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “This Court held that, instead of an action seeking declaratory and injunctive relief, Harvey should have filed an election contest under § 11-46-69, Ala.Code 1975, which sets forth the time limitation and the grounds for filing a contest to a municipal election.”
Town of Mountainboro v. Griffin, 26 So. 3d 407 (Ala. 2009). “[2] Moreover, we cannot conclude that the legislature, in adapting § 11-46-69 to an annexation election in § 11-42-2(8), intended to establish a process by which a contestant can obtain a binding judgment from a court of law establishing the legality or illegality of an…”
Davis v. Reynolds, 592 So. 2d 546 (Ala. 1991). “"Under § 11-46-69(b), Alabama Code 1975, the contest of the election was required to be commenced within five days after the result of the election was declared.”
Bryan v. Hubbard, 6 So. 3d 491 (Ala. 2008). “We held that, instead of seeking declaratory and injunctive relief in the courts, the candidate should have filed a contest to the municipal election under § 11-46-69, Ala. Code 1975, which sets out the grounds for filing a contest to a municipal election and the period for…”
City of Talladega v. Pettus, 602 So. 2d 357 (Ala. 1992). “Section 11-46-69 sets out the grounds on which municipal elections may be challenged: "(a) The election of any person declared elected to any office of a city or town may be contested by any person who was at the time of the election a qualified elector of such city or town for…”
Carder v. City of Orange Beach, 689 So. 2d 799 (Ala. 1997). “” Count Two alleged that “in accordance with Ala.Code § 11-46-69 and the provisions of the ‘Fair Campaign [Practices] Act,’ [Ala.”
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
Blocker v. City of Roosevelt City, 549 So. 2d 90 (Ala. 1989). “Section 11-46-69 specifies five grounds upon which a qualified elector may contest an election: “(1) Misconduct, fraud or corruption on the part of any election official, any marker, the municipal governing body or any other person; “(2) The person whose election to office is…”
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
— Ala. Code § 11-46-69(a) — 2 cases
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
— Ala. Code § 11-46-69(a)(1) — 1 case
Town of Mountainboro v. Griffin, 26 So. 3d 407 (Ala. 2009). “[2] Moreover, we cannot conclude that the legislature, in adapting § 11-46-69 to an annexation election in § 11-42-2(8), intended to establish a process by which a contestant can obtain a binding judgment from a court of law establishing the legality or illegality of an…”
— Ala. Code § 11-46-69(a)(2) — 2 cases
Etheridge v. State Ex Rel. Olson, 730 So. 2d 1179 (Ala. 1999). “Etheridge's election under Ala.Code 1975, § 11-46-69, which, in pertinent part, provides: "(a) The election of any person declared elected to any office of a city or town may be contested by any person who was at the time of the election a qualified elector of such city or town…”
Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “This Court held that, instead of an action seeking declaratory and injunctive relief, Harvey should have filed an election contest under § 11-46-69, Ala.Code 1975, which sets forth the time limitation and the grounds for filing a contest to a municipal election.”
— Ala. Code § 11-46-69(a)(3) — 1 case
Town of Mountainboro v. Griffin, 26 So. 3d 407 (Ala. 2009). “[2] Moreover, we cannot conclude that the legislature, in adapting § 11-46-69 to an annexation election in § 11-42-2(8), intended to establish a process by which a contestant can obtain a binding judgment from a court of law establishing the legality or illegality of an…”
— Ala. Code § 11-46-69(a)(4) — 2 cases
Town of Mountainboro v. Griffin, 26 So. 3d 407 (Ala. 2009). “[2] Moreover, we cannot conclude that the legislature, in adapting § 11-46-69 to an annexation election in § 11-42-2(8), intended to establish a process by which a contestant can obtain a binding judgment from a court of law establishing the legality or illegality of an…”
Yeargan v. Allen, 456 So. 2d 26 (Ala. 1984).
— Ala. Code § 11-46-69(b) — 5 cases
Davis v. Reynolds, 592 So. 2d 546 (Ala. 1991). “"Under § 11-46-69(b), Alabama Code 1975, the contest of the election was required to be commenced within five days after the result of the election was declared.”
Smith v. Burkhalter, 28 So. 3d 730 (Ala. 2009). “On September 3, 2008, Wallace, Burkhalter, and McWhorter (hereinafter referred to collectively as "the contestants") filed an election contest, pursuant to § 11-46-69, Ala.Code 1975. The contestants claimed that illegal absentee ballots were cast at the August 26, 2008, general…”
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
Bandy v. Scrushy (Ex parte Scrushy), 262 So. 3d 638 (Ala. 2018). “2009) (holding that "[o]nly the election of a 'person declared elected' may be contested under § 11-46-69"). Scrushy and the Town further assert that, even if someone had been declared the winner of the May 23, 2017, special election, the circuit court still lacked…”
Barbara Moore, Vanessa Reed, & Christine Burrell v. State of Alabama ex rel. Mayor Robin Sims, as informant (Ala. 2026).
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