Electors for President and Vice President; Representatives in Congress. ARTICLE 20. ELECTORS FOR PRESIDENT AND VICE PRESIDENT; REPRESENTATIVES IN CONGRESS. 446. (1653) (435) (342) (388) (339) Presidential electors and representatives in congress to be elected. On the day prescribed by this Code there are to be elected, by general ticket, a number of electors for president and vice-president of the United States equal to the number of senators and representatives in congress to which this state is entitled at the time of such election; and there shall be elected one representative in congress for each congressional district. (Aikin's Digest, pp. 142-144, §§ 1-16; pp. 146-147, § § 1-7; Mar. 3, 1875, p. 76, § 83.) 447. (1654) (436) (343) Supervisors make returns to secretary of state. In all elections for electors for president and vice-president, and for representatives in congress, the board of county supervisors of each county must, within five days after making the statement of the county vote, return the result of the same to the secretary of state. (Mar. 3, 1875, p. 76, § 84.) 448. (1655) (437) (344) Governor estimates returns and gives notice of election.-Within fifteen days after the time for making the returns the governor, in the presence of the secretary of state and attorney-general, or either of them, in the absence of the other, must estimate the returns, ascertain who are elected, and notify them by proclamation. (Mar. 3, 1875, p. 76, § 85.) 449. (1656) (438) (345) (391) (342) In case of tie, governor gives casting vote. If, on such estimate, it is found that an election of the number of electors to which the state is entitled is not made by reason of two or more persons having received an equal number of votes, the governor must forthwith decide between those having an equal number of votes. (Mar. 3, 1875, p. 76, § 86.) 450. (1657) (439) (346) (394) (345) Electoral meeting and supply of vacancies.-The electors of president and vice-pres Elections in New Counties. 13, 1900, ident are to assemble at the office of the secretary of state, at As amendthe seat of government, at twelve o'clock noon, on the second ed, Dec. Monday in January next after their election, or at that hour p. 106. on such other day as may be fixed by congress, to elect such president and vice-president, and those of them present at that hour must at once proceed by ballot and plurality of votes to supply the places of those who fail to attend on that day and hour. (Mar. 3, 1875, p. 76, § 87.) 451. (1658) (440) (347) Compensation of electors. Each elector for president and vice-president shall receive eight dollars for each day he necessarily attends at the seat of government, and twenty cents for every mile traveled to and from the same, to be estimated in the same manner as is provided by law in relation to members of the legislature from his county, to be paid, on oath of such elector, by warrant on the state treasurer. 452. (1659) (441) (348) (397) (348) New county; suffrage; representation.-Every new county, as to the right of suffrage and representation in elections for the legislature and for congress, is to be considered as part of the county or counties from which it was taken until the right of separate representation is given by act of the legislature. Origin and history of statute.-Toulmin's Digest, pp. 266-288. 453. (1660) (442) (349) (398) (349) Right of elector to vote in new county.-No elector can vote at any precinct in any new county for representative in congress or members of the legislature until an act of the legislature is passed giving to such county a separate representation, unless such elector would have been entitled to vote at such precinct for such officers before the formation of such new county. 454. (1661) (443) (350) (399) (350) Returns of elections to congress and legislature in new county.-The inspectors and returning officers of each election precinct in any new county must, until such county is entitled to a separate representation, make returns of the elections of representatives in Contesting Elections; Provisions Common to All Contests. congress and members of the legislature to the returning officer of the county in which such precinct was situated before the formation of such new county; for all other officers the returns must be made to the returning officer of such new county: ARTICLE 22. (r.c.c.) CONTESTING ELECTIONS; PROVISIONS COMMON TO ALL CONTESTS. 455-459. 455. (1667) Contest of elections; grounds of contest.-The election of any person declared elected to the office of governor, secretary of state, state auditor, state treasurer, attorney-general, superintendent of education, commissioner of agriculture and industries, state game and fish commissioner, railroad commissioner, senator or representative in the legislature, justices of the supreme court, chancellor, judge of the circuit court, supernumerary judge, or to any office which is filled by the vote of a single county, or to the office of justice of the peace, or constable, may be contested by any person who was at the time of either of the said elections a qualified elector, for any of the following causes: 1. Malconduct, fraud, or corruption on the part of any inspector, clerk, marker, returning officer, board of supervisors, or other person. 2. When the person whose election to office is contested was not eligible thereto at the time of such election. 3. On account of illegal votes. 4. On account of the rejection of legal votes. 5. Offers to bribe, bribery, intimidation, or other malconduct calculated to prevent a fair, free, and full exercise of the elective franchise. (Aikin's Digest, pp. 144-146; Feb. 10, 1893, p. 468, § 1; Feb. 16, 1895, p. 757, § 1.) Irregularities in conducting elections; marking ballot of illiterate.Patton v. Watkins, 131 Ala. 387 (31 So. 93). Jury trial fixing hearing; statement of contest under old statutes.-Taliaferro v. Lee, 97 Ala. 92 (13 So. 125); Clark v. Jack, 60 Ala. 271; Leigh v. State, 69 Ala. 261; State v. Cobb, 108 Ala. 9 (18 So. 532). 456. (1668) When election not annulled.-No malconduct, fraud, or corruption on the part of the inspector, clerk, marker, returning officer, board of supervisors, or other person, nor any offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of Contesting Elections; Provisions Common to All Contests. the elective franchise, can annul or set aside any election unless thereby the person declared elected, and whose election is contested, be shown not to have received the highest number of legal votes, nor must any election contested under the provisions of this Code 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, would reduce the number of votes given to him below the number of legal votes given to some other person for the same office. Nor must any election 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 his legal votes to or above the number of legal votes received by any other person for the same office. (Feb. 10, 1893, p. 468, § 2.) Irregularities in conducting elections; effect of marking ballot of illiterate.-Patton v. Watkins, 131 Ala. 387 (31 So. 93). 457. (1669) Any voter must answer as to his qualifications. -Any. person examined as a witness may be required to answer if he voted at the election contested, and to answer touching his qualifications; and if he was not at such election a qualified voter, he may be required to answer for whom he voted. If he make full, true, answers which may tend to criminate him, he shall not be prosecuted for voting at such election. (Feb. 10, 1893, p. 468, § 4; Feb. 16, 1895, p. 757, § 11.) Secrecy of the ballot will be preserved, but it is a matter personal to the elector, and he may disclose it or not.-Black v. Pate, 130 Ala. 514 (30 So. 434). 458. (1670) Either party may have a copy of registration and poll lists. It shall be the duty of the judge of probate of any county, upon the application of either party to any contest, or his agent or attorney, to deliver to the party, his agent or attorney, a certified copy of the registration lists and poll lists (one or both) of his county, or of any election precinct therein, upon the payment of his fees for certifying and copying the same at the rate of fifteen cents a hundred words written by him in making such copy; and such copies, duly certified, shall be received as presumptive evidence of the facts therein stated, the registration lists that the persons therein named were duly registered, and the poll lists that the persons therein named voted at the election and precinct therein named. (Feb. 10, 1893, p. 468, § 4; Feb. 16, 1895, p. 757, § 10.) 459. (1671) (407) (314) Jurisdiction denied courts of chancery in election contests; appeal.-No jurisdiction exists in or Contesting Elections of Members of Legislature, Chancellor, Circuit Judge, Etc. shall be exercised by any chancellor, chancery court, or any officer exercising chancery powers, to entertain any cause or proceeding for ascertaining the legality, conduct, or results of any election, except so far as authority to do so shall be specially and specifically enumerated and set down by statute; and any injunction, process, order, or decree from any chancellor, chancery court, or officer in the exercise of chancery powers, whereby the results of any election are sought to be inquired into, questioned, or affected, or whereby any certificate of election is sought to be inquired into, or questioned, save as may be specially and specifically enumerated and set down by statute, shall be null and void, and shall not be enforced by any officer or obeyed by any person; and should any chancellor or other officer hereafter undertake to fine, or in anywise deal with any person for disobeying any such prohibited injunction, process, order, or decree, such attempt shall be null and void, and an appeal shall lie forthwith therefrom to the supreme court then sitting, or next to sit, without bond, and such proceedings shall be suspended by force of such appeal; and the notice to be given of such appeal shall be five days. (Mar. 15, 1875, p. 101.) Jurisdiction of city courts to contest election of tax collector. Mandamus, functions and proper remedy.-Wilson v. Duncan, 114 Ala. 659 (21 So. 1017). ARTICLE 23. CONTESTING ELECTIONS OF MEMBERS OF THE LEGISLATURE, CHANCELLOR, CIRCUIT 460-477. 470. Contest of judge of the pro bate court. 471. Contest of justice of the peace, constable, or other officer filled by the vote of a single county. 472. Same; procedure; testimony 473. In all contests ballots may be examined. 474. Judgment rendered. 475. Contest not abated by death 476. Appeals. 460. (1686) Statement of grounds of contest.-When any elector chooses to contest the election of any person declared to be elected to the office of senator, representative in the legislature, chancellor, judge of the circuit court, any office which is filled by the vote of a single county, justice of the peace, |