(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state:
(1) Those who are not qualified electors, except as otherwise expressly provided;
(2) Those who have not been inhabitants of the state, county, district or circuit for the period required by the constitution and laws of the state;
(3) Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery or any other crime punishable by imprisonment in the state or federal penitentiary and those who are idiots or insane;
(4) Those against whom there is a judgment unpaid for any moneys received by them in any official capacity due to the United States, this state or any county or municipality thereof; and
(5) Soldiers, seamen or marines in the regular Army or Navy of the United States.
(b) No person holding an office of profit under the United States shall, during his continuance in such office, hold any office of profit under this state, nor shall any person hold two offices of profit at one and the same time under this state, except constables, notaries public and commissioners of deeds.
(Code 1852, §105; Code 1867, §144; Code 1876, §149; Code 1886, §241; Code 1896, §3056; Code 1907, §1467; Code 1923, §2575; Code 1940, T. 41, §5.)
Notes of Decisions
State Ex Rel. Sokira v. Burr, 580 So. 2d 1340 (Ala. 1991).
· cites it 5× “Murray, and William Lehman ("the petitioners") filed a petition for a writ of quo warranto, alleging that Burr holds the office of mayor in violation of Ala.Code 1975, § 36-2-1(a)(3), and Ala.Const.”
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
· cites it 2× “Code 1975, § 12-16-60(a); and Ala.Code 1975, § 36-2-1(a)(3). We conclude that the trial court did not err in holding that in setting the compensatory-damages award the jury did not exceed its discretion.”
Davis v. Reynolds, 592 So. 2d 546 (Ala. 1991).
· cites it 3× “Referring to § 36-2-1, Alabama Code 1975, setting out the various grounds which would render a candidate ineligible to and disqualified from holding office, the supreme court concluded that a person convicted of larceny, whether grand or petty, is disqualified by reason of §…”
Osborne v. Banks, 439 So. 2d 695 (Ala. 1983).
· cites it 2× “A candidate for public office must show that he meets the eligibility requirements of all categories of § 36-2-1(a), including category 3, which the circuit judge found he did not meet.”
Hogan v. Bronner, 491 So. 2d 226 (Ala. 1986).
“This constitutional prohibition is embodied in the state's statutory law in § 36-2-1(a)(3), Code of 1975. Also, Code of 1975, § 36-9-2, provides: "When any person holding any office or place under the authority of this state is sentenced by any court of the United States, of…”
Norris v. Humber, 674 So. 2d 77 (Ala. 1995).
“of 1901, § 60, and §§ 36-2-1 (a)(3) and 36-9-2, Ala.Code 1975, the Court wrote: “These provisions mandate the removal of a judge from his office as a retired judge under the judicial retirement law when he has been convicted of the crime of bribery committed while performing…”
McInnish v. Bennett, 150 So. 3d 1045 (Ala. 2014).
· cites it 2× “For a list of the qualifications for state office in Alabama, see § 36-2-1, Ala.Code 1975. “A candidate for public office must show that he meets the eligibility requirements of all categories of § 36-2-1 (a).”
M & N Materials, Inc. v. Town of Gurley, 36 So. 3d 15 (Ala. 2009).
· cites it 2× “For that proposition, M & N cites Ala.Code 1975, § 36-2-1, which provides, in pertinent part: “(a) The following persons shall be ineligible to and disqualified from holding office under the authority of this state: [[Image here]] “(3) Those who shall have been convicted of…”
Babcooke v. Duncan, 486 So. 2d 431 (Ala. 1986).
· cites it 2× “The advisory opinion construed the requirements-of Code 1975, § 36-2-1, concerning the qualifications of electors, as being prerequisite to the application of §§ 36-20-1 through 36-20-32, controlling commissions and duties of notaries public.”
State ex rel. Rumsey v. Hann, 592 So. 2d 577 (Ala. 1992).
· cites it 2× “The Court held that the writ of quo warranto was the proper way to test whether a person is lawfully holding office and, therefore, that the circuit court had jurisdiction.”
— Ala. Code § 36-2-1(a) — 1 case
Osborne v. Banks, 439 So. 2d 695 (Ala. 1983).
“A candidate for public office must show that he meets the eligibility requirements of all categories of § 36-2-1(a), including category 3, which the circuit judge found he did not meet.”
— Ala. Code § 36-2-1(a)(3) — 4 cases
State Ex Rel. Sokira v. Burr, 580 So. 2d 1340 (Ala. 1991).
“Murray, and William Lehman ("the petitioners") filed a petition for a writ of quo warranto, alleging that Burr holds the office of mayor in violation of Ala.Code 1975, § 36-2-1(a)(3), and Ala.Const.”
O'Rear v. B.H., 69 So. 3d 106 (Ala. 2011).
“Code 1975, § 12-16-60(a); and Ala.Code 1975, § 36-2-1(a)(3). We conclude that the trial court did not err in holding that in setting the compensatory-damages award the jury did not exceed its discretion.”
Hogan v. Bronner, 491 So. 2d 226 (Ala. 1986).
“This constitutional prohibition is embodied in the state's statutory law in § 36-2-1(a)(3), Code of 1975. Also, Code of 1975, § 36-9-2, provides: "When any person holding any office or place under the authority of this state is sentenced by any court of the United States, of…”
Osborne v. Banks, 439 So. 2d 695 (Ala. 1983).
“A candidate for public office must show that he meets the eligibility requirements of all categories of § 36-2-1(a), including category 3, which the circuit judge found he did not meet.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.