The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, Public Service Commissioner, senator or representative in the Legislature, justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court or district court, or any office which is filled by the vote of a single county, or to the office of constable may be contested by any person who was at the time of either of the elections a qualified elector for any of the following causes:
(1) Malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other person.
(2) When the person whose election to office is contested was not eligible thereto at the time of such election.
(3) On account of illegal votes.
(4) On account of the rejection of legal votes.
(5) Offers to bribe, bribery, intimidation, or other malconduct calculated to prevent a fair, free, and full exercise of the elective franchise.
(6) The results of a recount conducted under Section 17-16-20 name as a winner a person other than the person initially certified.
(Code 1896, §1667; Code 1907, §455; Code 1923, §545; Code 1940, T. 17, §231; §17-15-1; amended and renumbered by Act 2006-570, p. 1331, §83.)
Notes of Decisions
Working v. Jefferson Cnty. Election Comm'n, 2 So. 3d 827 (Ala. 2008).
· cites it 3× “We begin by noting that § 17-16-40 prescribes grounds for an election contest *837 that go to the manner in which the election was conducted and the eligibility of a candidate to hold the office at issue, and, in those respects, whether the particular outcome of the election was…”
True the Vote v. Hosemann, 43 F. Supp. 3d 693 (S.D. Miss. 2014).
“, Ala.Code § 17-16-40 et seq.; Cal. Elec Code §§ 16000-16940 ; Tex.”
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.Code 1975. 988 So.2d at 484 (Murdock, J.”
Whig Party of Alabama v. Siegelman, 500 F. Supp. 1195 (N.D. Ala. 1980).
“§ 17-7 — 1(b); § 17-16-40 Code of Alabama of 1975. The state executive committees of the two major political parties are authorized by law to fill vacancies (“by death, resignation, revocation or otherwise”) occurring in any of its nominations “either by action of the committee…”
McInnish v. Bennett, 150 So. 3d 1045 (Ala. 2014).
“See § 17-16-40, Ala.Code 1975 (providing for an eligibility challenge as part of a post-election contest of enumerated state offices).”
— Ala. Code § 17-16-40(2) — 1 case
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.Code 1975. 988 So.2d at 484 (Murdock, J.”
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