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.)
Notes of Decisions
Cited in
7
cases, 1986–2008 · leading case:
Ex Parte Baxley, 496 So. 2d 688 (Ala. 1986).
Ex Parte Baxley, 496 So. 2d 688 (Ala. 1986).
· cites it 3× “This contest alleged malconduct by Graddick and his campaign, conspiracy, and illegal votesall in violation of Code 1975, § 17-16-71(1), (3), and (5). Before Baker announced the results of the tally on June 28, Kennith Pike and Nellie Pike, on that same day at 10:25 a.”
Henderson v. Graddick, 641 F. Supp. 1192 (M.D. Ala. 1986).
· cites it 2× “Baxley and Kenneth and Nellie Pike filed primary election contests of the June 24 runoff with the State Democratic Executive Committee (“SDEC”) pursuant to Ala. Code § 17-16-71 . John Baker, chairman of the SDEC, appointed a subcommittee to conduct the contest.”
Ex Parte Graddick, 495 So. 2d 1367 (Ala. 1986).
· cites it 2× “Baxley and Kennith and Nellie Pike filed primary election contests of the June 24 runoff with the State Democratic Executive Committee (`SDEC') pursuant to Ala.Code § 17-16-71. John Baker, chairman of the SDEC, appointed a subcommittee to conduct the contest.”
Wood v. Booth, 990 So. 2d 314 (Ala. 2008).
· cites it 2× “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).
“Code 1975, and § 17-16-71(2) includes the ineligibility of a candidate as a ground for contesting a primary or runoff election.”
McAdory v. Alabama Democratic Party, 729 So. 2d 310 (Ala. 1999).
“The Party maintains that its insistence on the timely filing of a contest that complies with the requirements in the Party rule is necessary because the limitations provision in § 17-16-70 mandates that the Party ascertain within 24 hours whether the contestant is a person…”
Graddick v. Baker, 496 So. 2d 688 (Ala. 1986).
· cites it 3× “This contest alleged maleon-duct by Graddick and his campaign, conspiracy, and illegal votes — all in violation of Code 1975, § 17-16-71(1), (3), and (5). Before Baker announced the results of the tally on June 28, Kennith Pike and Nellie Pike, on that same day at 10:25 a.”
— Ala. Code § 17-16-71(1) — 2 cases
Ex Parte Baxley, 496 So. 2d 688 (Ala. 1986).
“This contest alleged malconduct by Graddick and his campaign, conspiracy, and illegal votesall in violation of Code 1975, § 17-16-71(1), (3), and (5). Before Baker announced the results of the tally on June 28, Kennith Pike and Nellie Pike, on that same day at 10:25 a.”
Graddick v. Baker, 496 So. 2d 688 (Ala. 1986).
“This contest alleged maleon-duct by Graddick and his campaign, conspiracy, and illegal votes — all in violation of Code 1975, § 17-16-71(1), (3), and (5). Before Baker announced the results of the tally on June 28, Kennith Pike and Nellie Pike, on that same day at 10:25 a.”
— Ala. Code § 17-16-71(2) — 2 cases
Wood v. Booth, 990 So. 2d 314 (Ala. 2008).
“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).
“Code 1975, and § 17-16-71(2) includes the ineligibility of a candidate as a ground for contesting a primary or runoff election.”
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treatment. Dots show Syfertize treatment of the citing case itself.