If the contest is of an election to the office of judge of the circuit court or of the district court, the party contesting must file in the office of the judge of probate of the county of the residence of the person declared elected, a statement in writing of the grounds of contest, verified by affidavit, as prescribed in this article, and must give good and sufficient security for the costs of the contest, to be approved by the judge of probate. On the filing of the statement and the giving of the security, the judge of probate must endorse thereon an order appointing a day for the trial of the contest, not less than 30 nor more than 50 days from the day of the reception of the certified statement and fixing the place of trial, which must be at some place in the circuit or district in which the election was held, and where a circuit or district court is required to be held, and must issue a summons directed to the person whose election is contested, accompanied with a certified copy of the statement requiring the person to appear within 10 days after the service of the summons and make answer to the statement, which summons shall be served by the sheriff or a constable at least 20 days before the day appointed for the trial. The testimony must be taken by deposition, as is prescribed in Section 17-16-55.
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.