Upon the filing of any contest of nomination, the chair of the executive committee with which the contest is filed shall file a statement in the office of the clerk of the circuit court of the county where the contestant resides of the fact that such a contest has been filed, giving the names of the parties thereto, the nomination contested and the day set for hearing. After such statement is filed, the clerk of the circuit court shall issue such subpoenas for witnesses and orders for production of documents and shall issue commissions for the taking of testimony by deposition as required by either party, each party to the contest being responsible for costs incurred by him or her for the summoning and attendance of witnesses on his or her behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall be the duty of the sheriff to serve all process issued by the circuit clerk and execute all orders and processes of the executive committee or subcommittee trying the contest. Such executive committee or subcommittee shall have the same power and authority as the circuit judges of this state to enforce obedience to its orders and process and to punish disobedience to its orders by fine or imprisonment, as for contempt. Such executive committee or subcommittee, of its own motion or at the request of either party, may require any person to produce before it papers or documents pertinent to any inquiry before such executive committee or subcommittee. The chair of the executive committee or subcommittee trying the contest may issue directly to the sheriff process for the attendance of witnesses or the production of documents or commissions for taking depositions without the intervention of the circuit clerk, as provided in this article.
Structure Code of Alabama
Chapter 13 - Primary Elections.
Article 3 - Contests of Primary Elections.
Section 17-13-70 - Time for Contesting Generally; Hearing.
Section 17-13-72 - Effect of Contest on Declared Nomination.
Section 17-13-73 - Certification of Candidate in Case of Contest.
Section 17-13-74 - Summoning Witnesses and Production of Documents.
Section 17-13-75 - Witnesses - Testifying as to Vote.
Section 17-13-76 - Witnesses - Oaths; Summoning Witnesses; Expenses.
Section 17-13-77 - Registration Lists to Be Furnished Upon Request.
Section 17-13-78 - Statement by Elector Contesting Election.
Section 17-13-79 - Contestant to Notify Contestee of Votes Sought to Be Proved Illegal.
Section 17-13-80 - Contest of Nomination to County Office - Time and Manner of Commencement.
Section 17-13-83 - Manner of Commencing Contest of Nomination to Office Other Than County Office.
Section 17-13-84 - Filing Statements of Contests; Depositions; Costs; Service of Process; Contempt.
Section 17-13-85 - Meeting of State Executive Committee.
Section 17-13-86 - Declaration of Result of Contest.
Section 17-13-87 - New Primary in Case Contest Cannot Be Decided.
Section 17-13-88 - Power of State Committee to Provide Rules of Party Procedure.