If, on the trial of the contest of any municipal election, it shall appear that any person other than the one whose election is contested, received or would have received, had the ballots intended for him and illegally rejected been received, the requisite number of votes for election, judgment must be entered declaring such person duly elected, and such judgment shall have the force and effect of investing the person thereby declared elected with full right and title to have and to hold the office to which he is declared elected.
If it appears that no person has or would have had, if the ballots intended for him and illegally rejected had been received, the requisite number of votes for election, judgment must be entered declaring this fact, and such fact must be certified to the municipal governing body and the vacancy in the office, election to which had been contested, shall be filled in the manner prescribed by law for filling the vacancy in such office.
If the person whose election is contested is found to be ineligible to the office, judgment must be entered declaring the election void, and the fact must be certified to the municipal governing body. The vacancy in such office shall be filled in the manner prescribed by law.
If the party whose election is contested is found to have been duly and legally elected, judgment must be entered declaring him entitled to have and to hold the office to which he was so elected.
Structure Code of Alabama
Title 11 - Counties and Municipal Corporations.
Title 2 - Provisions Applicable to Municipal Corporations Only.
Article 2 - Elections in Certain Cities or Towns Having Mayor-Council Form of Government.
Section 11-46-21 - Time of Elections; Notice; Assumption of Duties by Elected Officers.
Section 11-46-22 - Notice of Elections.
Section 11-46-24 - Designating and Equipping Voting Places; Election Officials; Canvass Returns.
Section 11-46-25 - Ballots; Statements of Candidacy; Withdrawal of Candidacy.
Section 11-46-26 - Proceedings Where Only One Candidate or Nominee for Office.
Section 11-46-27 - Appointment, Compensation, etc., of Election Officers.
Section 11-46-29 - Appointment of Election Officers Upon Failure of Others to Attend Polls.
Section 11-46-32 - Election Supplies.
Section 11-46-33 - Duties of Clerk as to Voting Machines.
Section 11-46-34 - Voting Booths.
Section 11-46-40 - Assistance of Disabled Electors Generally.
Section 11-46-43 - Right of Secret Ballot; Write-in Voting Prohibited.
Section 11-46-49 - Election Officers for Voting Machines; Duties.
Section 11-46-56 - Absentee Ballots - Eligibility.
Section 11-46-58 - Absentee Ballots - Marking, Posting, etc., of Lists of Applicants.
Section 11-46-59 - Offenses of Mayor and Other Executive Officers.
Section 11-46-60 - Offenses of Clerks.
Section 11-46-61 - Offenses of Election Officers Generally.
Section 11-46-62 - Offenses of Inspectors.
Section 11-46-63 - Failure of Returning Officer to Deliver Statement of Votes and Poll List.
Section 11-46-64 - Deception of Disabled Voters by Marker, Etc.
Section 11-46-65 - Drinking of Intoxicating Liquors by Watcher.
Section 11-46-67 - Offenses of Electors.
Section 11-46-68 - Miscellaneous Offenses.
Section 11-46-69 - Contest of Elections - Grounds; Commencement of Action.
Section 11-46-70 - Contest of Elections - Trial; Entry of Judgment.
Section 11-46-71 - Annulment of Elections.
Section 11-46-72 - Procedure Where Election Not Held on Day Appointed.
Section 11-46-73 - Provisions of Article as to Offenses Cumulative.
Section 11-46-74 - Use of Election Dates Established by Classification Act or Local Act.