No malconduct, fraud, or corruption on the part of the inspector, clerk, returning officer, canvassing board, or other person, nor any offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise can annul or set aside any election unless thereby the person declared elected and whose election is contested is shown not to have received the highest number of legal votes, nor may any election contested under the provisions of this title be annulled or set aside because of illegal votes given to the person whose election is contested, unless it appears that the number of illegal votes given to such person, if taken from him or her, would reduce the number of votes given to him or her below the number of legal votes given to some other person for the same office. No election shall be annulled or set aside because of the rejection of legal votes unless it appears that such legal votes, if given to the person intended, would increase the number of the person's legal votes to or above the number of legal votes received by any other person for the same office.
Structure Code of Alabama
Chapter 16 - Post Election Procedures.
Article 3 - Election Contests.
Section 17-16-40 - Grounds of Contest.
Section 17-16-41 - When Election Not Annulled.
Section 17-16-42 - Voter Must Answer as to Qualifications.
Section 17-16-43 - Either Party May Have Copy of Registration and Poll Lists.
Section 17-16-44 - Jurisdiction in Election Contests; Appeal.
Section 17-16-45 - Examination of Ballots, Voting Equipment, Etc.
Section 17-16-46 - Procedure for Examination of Ballots, Voting Machines, etc.; Bond.
Section 17-16-47 - Statement of Grounds of Contest.
Section 17-16-48 - Notice of Nature of Evidence.
Section 17-16-49 - When Contest Commenced; Security for Costs.
Section 17-16-50 - Contest of Senator or Representative in Legislature - Filing.
Section 17-16-51 - Contest of Senator or Representative in Legislature - Testimony.
Section 17-16-52 - Contest of Senator or Representative in Legislature - Depositions Returned.
Section 17-16-53 - Contest of Senator or Representative in Legislature - Costs Taxed.
Section 17-16-54 - Contest of Election of Judge of Circuit or District Court - Procedure Generally.
Section 17-16-58 - Ballots May Be Examined.
Section 17-16-59 - Judgment of Court.
Section 17-16-60 - Contest Not Abated by Death of Contestant.
Section 17-16-61 - Appeals - Generally.
Section 17-16-62 - Appeals - Costs.
Section 17-16-63 - Statement - Filing; Bond.
Section 17-16-64 - Statement - Contents of Statement; Verification; Service; Amendments.
Section 17-16-65 - Tried by Joint Convention of House and Senate.
Section 17-16-66 - Commission Elected to Take Testimony.
Section 17-16-67 - Sitting of Commission.
Section 17-16-68 - Commission to Take Testimony.
Section 17-16-69 - Notice to Adverse Party.
Section 17-16-70 - Commission Has Power to Punish for Contempt.
Section 17-16-71 - Evidence Confined to Allegations; Exceptions.
Section 17-16-72 - Each Party Entitled to Be Present.
Section 17-16-73 - Commission to Report Conclusions and Evidence.
Section 17-16-74 - Compensation of Witnesses.