No evidence shall be taken on the part of the contestant unless to sustain some one of the specific allegations of the original or amended statement of grounds of contest. Nor shall any evidence be taken on the part of the contestee except in rebuttal of the specific allegations of the original or amended statement of the grounds of contest. But upon five days' notice the contestee shall have the right to take evidence of any malconduct, fraud, or corruption on the part of any inspector, clerk, returning officer, canvassing board, or other person; of illegal votes cast for some person other than the contestee; of the rejection of legal votes cast for the contestee; of offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise in any election precinct in the State of Alabama, the election in which is not put in issue by the original or amended statement of the grounds of contest; and when the contestee shall take evidence as herein provided, the contestant shall be permitted to take evidence in rebuttal.
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.