Code of Alabama
Ala. Code § 17-15-1 (2026)
When and for What Offices Held.
✓ official Alabama Legislature (ALISON) text, current July 2026
Special elections are to be held in the following cases:
(1) When a vacancy occurs in the office of senator or representative in the Legislature, when the Legislature will be in session prior to the next general election for that office.
(2) When a vacancy occurs in the office of representative in the Congress of the United States, by which the state may be deprived of its full representation at any time Congress will be in session prior to the next general election for that office.
(3) Whenever any general or special election for members of the Legislature or for representatives in Congress is not held.
(4) When any vacancy occurs in any state or county office filled by election of the people not otherwise provided for by the Constitution of Alabama of 1901, or laws of this state.
(5) In such other cases as are or may be provided for by law.
(Code 1876, §249; Code 1886, §359; Code 1896, §1598; Code 1907, §439; Code 1923, §529; Code 1940, T. 17, §215; §17-18-1; amended and renumbered by Act 2006-570, p. 1331, §76.)
Notes of Decisions
Cited in 19
cases (2 in the last 5 years), 1981–2024 · leading case: Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995).
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “The Legislature has further provided, in Ala.Code 1975, § 17-15-1, as follows: "The election of any person declared elected to the office of .”
Town of Cedar Bluff v. Citizens Caring for Child., 904 So. 2d 1253 (Ala. 2004). “This argument is apparently based on an erroneous interpretation of § 17-15-1, Ala.Code 1975, which provides: "The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and…”
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999). “Code of Alabama, § 17-15-1. "Election" is variously defined as, "The formal choice of a person or persons for any position or dignity, usually by ballot"; "A popular vote upon any question officially proposed"; "The act of choosing.”
Boxx v. Bennett, 50 F. Supp. 2d 1219 (M.D. Ala. 1999). “Ala.Code § 17-15-1. By letter dated June 29, 1984, Alabama submitted the procedures for use in electronic voting to the United States Attorney General for preclearance.”
Davis v. Reynolds, 592 So. 2d 546 (Ala. 1991). “A challenge to an election on grounds of ineligibility is an election contest under § 17-15-1, which provides: "The election of any person .”
Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “164, 165 (1927): "Section 545 of the Code of 1923[, a precursor to § 17-15-1 of the election-contest statutes,] sets forth the grounds upon which the office of probate judge may be contested, and ground (2), the only one having any bearing upon this case, says: `When the person…”
Carter v. Wiley, 406 So. 2d 340 (Ala. 1981). “Carter then filed a statement of election contest pursuant to the provisions of Code 1975, § 17-15-1, et seq., stating as the basis for his contest three grounds: “(a) Malconduct, fraud or corruption on the part of [election officials] which mal-conduct, fraud or corruption if…”
Hall v. Bennett, 999 F. Supp. 2d 1266 (M.D. Ala. 2014). “Ala.Code § 17-15-1. Furthermore, whereas independent candidates have a statutorily set time-frame to meet the 3% signature requirement in regularly scheduled elections, in special elections, Alabama law vests power with the Governor to set elections dates and petition deadlines.”
Curry v. Baker, 802 F.2d 1302 (11th Cir. 1986). “Ala.Code 17-15-1 et seq. Along with an opportunity to present evidence before the subcommittee, Mr.”
Wood v. Booth, 990 So. 2d 314 (Ala. 2008). “Code 1975, do not in my view go to a candidate's "eligibility" for holding office within the meaning of § 17-15-1(2) (currently § 17-16-40(2)), Ala.”
Ex Parte Woodward, 738 So. 2d 322 (Ala. 1998). “[2] My writing should not be read to imply that Jim Woodward would not be entitled to file an election contest pursuant to Ala.Code 1975, § 17-15-1 et seq.”
Town of Mountainboro v. Griffin, 26 So. 3d 407 (Ala. 2009). “' Section 17-15-1, Ala.Code 1975, provides: "`The election of any person declared elected to .”
— Ala. Code § 17-15-1(1) — 1 case
Carter v. Wiley, 406 So. 2d 340 (Ala. 1981). “Carter then filed a statement of election contest pursuant to the provisions of Code 1975, § 17-15-1, et seq., stating as the basis for his contest three grounds: “(a) Malconduct, fraud or corruption on the part of [election officials] which mal-conduct, fraud or corruption if…”
— Ala. Code § 17-15-1(2) — 2 cases
Roper v. Rhodes, 988 So. 2d 471 (Ala. 2008). “164, 165 (1927): "Section 545 of the Code of 1923[, a precursor to § 17-15-1 of the election-contest statutes,] sets forth the grounds upon which the office of probate judge may be contested, and ground (2), the only one having any bearing upon this case, says: `When the person…”
Wood v. Booth, 990 So. 2d 314 (Ala. 2008). “Code 1975, do not in my view go to a candidate's "eligibility" for holding office within the meaning of § 17-15-1(2) (currently § 17-16-40(2)), Ala.”
— Ala. Code § 17-15-1(3) — 1 case
Mitchell v. Prob. Court of Jefferson Cnty., 689 So. 2d 17 (Ala. 1997).
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