If, on the trial of the contest of any election, either before the judge of probate or the circuit court, it shall appear that any person other than the one whose election is contested, received or would have received, had the ballots intended for the person and illegally rejected been received, the highest number of legal votes, judgment must be given 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 the person is declared elected. If it appears that two or more persons have, or would have had, if the ballots intended for them and illegally rejected had been received, the highest and equal number of votes for such office, judgment must be entered declaring the fact, and such fact must be certified to the officer having authority to fill vacancies in the office the election to which was contested. 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 certified to the appointing power. If the party whose election is contested is found to have been duly and legally elected, judgment must be entered declaring the party entitled to have and to hold the office to which the party was so elected.
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.