Code of Alabama

Ala. Code § 17-13-70 (2026)

Time for Contesting Generally; Hearing.

✓ official Alabama Legislature (ALISON) text, current July 2026

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Any contest to a nomination made by primary election must be filed within 24 hours after the results of the primary election have been declared, weekends excluded, under the same conditions and on the same grounds as provided in the laws of Alabama for general elections of state and county officers and as provided in this chapter. The person whose nomination is contested under this section shall be notified of the contest in accordance with Section 17-13-83 and shall have five days after notice of the filing of the contest within which to file with the chair his or her objections and answers to such contest. Such contest shall be heard and tried by the county executive committee as to candidates for county offices and by the state committee as to candidates for all other offices; and wherever there is no county executive committee consisting of enough members to obtain a quorum, then by the state executive committee.

(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §373; Acts 1977, 1st Ex. Sess., No. 69, p. 1493, §§3, 4; Acts 1979, No. 79-800, p. 1463, §4; §17-16-70; amended and renumbered by Act 2006-570, p. 1331, §63.)

Notes of Decisions

Cited in 3 cases, 2008–2008 · leading case: Bryan v. Hubbard, 6 So. 3d 491 (Ala. 2008).

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Bryan v. Hubbard, 6 So. 3d 491 (Ala. 2008). · cites it 10× “At the hearing, the parties stipulated to certain facts, including the fact that Hubbard did not conduct an election-contest proceeding as requested by Bankson, even though § 17-13-70, Ala.Code 1975, requires a hearing.”

Wood v. Booth, 990 So. 2d 314 (Ala. 2008). · cites it 2× “…elections. A procedure for contesting primary and runoff elections is set forth in §§ 17-16-70 to -89 [currently §§ 17-13-70 to -89], Ala.Code 1975, and § 17-16-71(2) includes the ineligibility of a candidate as a ground for contesting a primary or runoff election.…”

Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “The questions that necessarily follow a finding of a basis for subject-matter jurisdiction are: What remedy is available to challenge a certificate of election "sought to be inquired into or questioned," and what is the time limitation, if any, in which this remedy may be…”

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