Code of Alabama
Ala. Code § 36-1-2 (2026)
Validity of Official Acts of De Facto Official; Liabilities of Such Official.
✓ official Alabama Legislature (ALISON) text, current July 2026
The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or affected thereby, whether such person is lawfully entitled to hold office or not and whether such person is lawfully qualified or not, but such person shall be liable to all penalties imposed by law for usurping or unlawfully holding office or for exercising the functions thereof without lawful right or without being qualified according to law.
(Code 1907, §1473; Code 1923, §2583; Code 1940, T. 41, §2.)
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1993–2026 · leading case: Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997).
Hornsby v. Sessions, 703 So. 2d 932 (Ala. 1997). “On May 1, 1995, the trial court entered a consent order stating that during the course of a hearing the defendants had acknowledged that, pursuant to § 36-1-2 et seq., Chief Justice Hornsby's actions taken in performance of the duties of the office of Chief Justice, since the…”
Benjamin v. State, 156 So. 3d 424 (Ala. Crim. App. 2013). “Section 36-1-2, Ala. Code 1975 , which protects the actions of defacto officers, reads: “ ‘The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or…”
Ex Parte State, 808 So. 2d 65 (Ala. 2001). “Code 1975, which protects the actions of defacto officers, reads: “The official acts of any person in possession of a public office and exercising the functions thereof shall be valid and binding as official acts in regard to all persons interested or affected thereby, whether…”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “See Ala. Code 1975, § 36-1-2. "The de facto officer doctrine was more recently applied by our supreme court in [State v.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026). “See Ala. Code 1975, § 36-1-2. "The de facto officer doctrine was more recently applied by our supreme court in [State v.”
Gray v. Birmingham Bd. of Educ., 641 So. 2d 279 (Ala. Civ. App. 1993). “However, the provisions of § 36-1-2, Ala.Code 1975, recognize as binding the official acts of a person holding office as a de facto official.”
Braxton v. Stokes (S.D. Ala. 2024). “Ala. Code § 36-1-2 . See Nguyen v. United States, 539 U.”
M & N Materials, Inc. v. Town of Gurley, 36 So. 3d 15 (Ala. 2009). “Against these assertions, Simpson cites Ala.Code 1975, § 36-1-2, which provides: “The official acts of any person in possession of a public office and exercising the functions thereof shall be valid *29 and binding as official acts in regard to all persons interested or affected…”
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