The commission shall take testimony on the part of the contestant, and also on the part of the contestee, and shall have power to send for witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants, under the hand of the chair, to any judge, or clerk of any court of record or such other competent and discreet person as the commission may appoint, to take the deposition of witnesses at such time and place as the warrant shall direct, and the points as to which the testimony is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest of the election of one officer may be used in the contest of the election of any other officer voted for at the same election and contested before the Legislature; provided, that notice that such evidence will be used, or offered, shall be given to the party or parties interested in such other office, so that all parties interested may be present and participate in the taking of such testimony, and provided the party instituting the contest does not object by filing a written objection with the commission.
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.