A primary election, within the meaning of this chapter, is an election held by the qualified voters, who are members of any political party, for the purpose of nominating a candidate or candidates for public or party office.

An assemblage or organization of electors which, at the general election for state and county officers then next preceding the primary, casts more than 20 percent of the entire vote cast in any county is hereby declared to be a political party within the meaning of this chapter within such county; and an assemblage or organization of electors which, at the general election for state officers then next preceding the primary, casts more than 20 percent of the entire vote cast in the state is hereby declared to be a political party within the meaning of this chapter for such state.

In determining the total vote of a political party whenever required by this chapter, the test shall be the total vote received by a candidate of that party who received the highest vote total of any of the candidates of that party.

All primary elections held by any political party in this state for the nomination of any state, national, district, circuit, county or municipal officers shall be held and conducted under the provisions of this chapter and, except as herein modified, shall be held and conducted in the same manner and form, under the same requirements and subject to the same forfeitures, penalties and punishments as are now or shall hereafter be provided by law for the holding of regular state elections, but nothing herein contained shall make it obligatory upon any political party or parties to hold a primary election.

Primary elections are not compulsory. A political party may, by its state executive committee, elect whether it will come under the primary election law. All political parties are presumed to have accepted and come under the provisions of the primary election law, but any political party may signify its election not to accept and come under the primary election law by filing with the Secretary of State, at least 60 days before the date herein fixed for the holding of any general primary election, a statement of the action of its state executive committee, certified by its chairman and secretary, which statement shall contain a copy of the resolution or motion adopted declining to accept and come under the primary election law. If a political party declines to accept and come under the primary election law, it shall not change its action and accept and come under the primary election law until after the next general election held thereafter. The governing body of a political party may determine from time to time what party officers shall be elected in the primary; provided, that candidates for all party offices shall be elected under the provisions of this chapter unless the method of their election is otherwise directed by the governing body of the party involved.

Presidential preference primaries and primary elections, except special primary elections, held at the expense of the state or counties, shall be held on the first Tuesday in June. When necessary, as provided in this chapter, a second or runoff primary election shall be held on the last Tuesday in June following said primary election. Any second primary shall be held by the same election officers who held the first primary, and be held at the same places as the first primary election. No primary shall be held by any political party except as herein provided. Primary elections herein provided for shall be held at the regular polling places established for the purpose of holding general elections.

Political parties may provide for the selection of delegates to national conventions by the holding of a presidential preference primary or by popular election of the delegates or otherwise. In the event a presidential preference primary is called by the governing body of any party, notice of such action shall be given to the Secretary of State as part of the notice required by Section 17-16-13. Said notice shall prescribe the procedure for the listing of the names of presidential candidates on the primary ballot and for the selection of delegates pledged under party rules to vote for the respective presidential candidates. A presidential preference primary, when called, will appear in the first or top position on the primary ballot. When no presidential preference primary is to be utilized, delegates may be elected in the primary election in the same manner as other party officers; except, that subject to such rules and procedures as the respective political parties may adopt, any delegate candidate may be permitted to list opposite his or her name on the primary ballot the surname of the presidential candidate to whom he or she is pledged or the word 'uncommitted.' When delegates are to be so elected, the candidates for such position or positions shall appear in the first or top position on the primary ballot.

There may be provided a committee of each party for the state and each political subdivision of the state, including counties, said committees to be selected in such manner as may be provided for by the governing authority of each party, but if there shall not be elected or chosen any committee for any county or other political subdivision, then all the powers which could be exercised by any such committee shall be vested in the state executive committee, under such rules and regulations as the governing body of the party may designate, or the state committee or the chairman thereof may appoint a county committee to act until such a committee is elected or chosen as provided by law or party rule. When a state executive committee of a party is provided, said state executive committee shall be the governing body of the party within the meaning of this chapter; except, that it shall have the authority to delegate to county executive committees authority over the conduct of party affairs within the respective counties, including authority over the conduct of primary elections within the respective counties.

The state or county executive committee of any political party may, by a majority vote of said committee, require that members of said committee be elected by the qualified electors of such political party. If such committee adopts an appropriate resolution requiring that such members be so elected, such election shall be held on the same ballot as the gubernatorial primary election. When members of county or state executive committees are to be elected in a primary, their declarations of candidacy shall be filed in the same manner and within the same time as candidates for nomination for public office.

The compensation of officers and other expenses of any and all primary elections, general or special, held under the provisions of this chapter, shall be paid in the same manner and to the same extent as is or may be provided by law for the payment of the expenses and officers of general elections held under the general election laws of Alabama and shall be paid out of the county treasury in same manner.

(a)(1) Except as provided in subdivision (2), all candidates for nomination to public office or for election to party office in the primary election provided for in this chapter shall file their declaration of candidacy with the state party chair if they seek any federal, state, circuit, or district office, or the state Senate, House of Representatives, or any other office that is not a county office not later than 5:00 P.M. 60 days before the date of the primary election. All candidates for nomination or election to a county office shall file their declaration with the county party chair not later than 5:00 P.M. 60 days before the date of the primary election.

(2) With regard to the 1992 election cycle for candidates for the United States House of Representatives only, and only if the Legislature adopts an approved congressional reapportionment plan in the 1992 Regular Session, candidates shall file their declaration not later than 29 days before the primary election.

(b)(1) Except as provided in subdivision (2) the state party chair shall, no later than 5:00 P.M. 55 days before the primary election, certify the names of all primary election candidates, except candidates for county offices, to the Secretary of State. The county party chair shall, not later than 5:00 P.M. 55 days prior to the date of the primary election, certify to the probate judge the names of all candidates for nomination to county offices or election to county party offices. The Secretary of State shall, not less than 50 days prior to the date of the primary election, and not less than 25 days prior to the primary election in the 1992 election cycle only, certify to the probate judge of every county in which the election is to be held the names of the opposed candidates for nomination to federal, state, circuit, or district offices, the state Senate, House of Representatives, and all other opposed candidates to public or party office, except candidates for county offices.

(2) With regard to the 1992 election cycle for candidates for the United States House of Representatives only, and only if the Legislature adopts an approved congressional reapportionment plan in the 1992 Regular Session:

a. The state party chair shall certify the candidates to the Secretary of State not later than 5:00 P.M. 27 days before the primary election.

b. The Secretary of State shall certify the candidates to the probate judge not later than 5:00 P.M. 25 days before the primary election.

(c) The probate judge of each county shall have the ballots prepared for the primary election. If a legally qualified candidate for nomination to an office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be the nominee of the party with which he or she has qualified for the office. If a legally qualified candidate for election to a party office is unopposed when the last date for filing declarations of candidacy has passed, his or her name shall not appear on the ballots to be used in the primary election, and he or she shall be declared elected to the party office for which he or she qualified.

The name of no candidate shall be printed upon any official ballot used at any primary election unless such person is legally qualified to hold the office for which he is a candidate and unless he is eligible to vote in the primary election in which he seeks to be a candidate and possesses the political qualifications prescribed by the governing body of his political party.

When it shall be desired by the governing body of any political party to enter the primary election ordered to be held under the provisions of this chapter, said governing body for the state shall give public notice thereof by filing a copy of the resolution of such governing body with the Secretary of State of Alabama. Such notice may be given to the Secretary of State by the chairman of the county executive committee where the primary election affects only one county, and a copy of such notice shall be filed with the probate judge of such county.

(a) All persons who are qualified electors under the general laws of the State of Alabama and who are also members of a political party and entitled to participate in such primary election under the rules of said party shall be entitled to vote therein and shall receive the official primary ballot of that political party, and no other; but every governing body of a party shall have the right, power and authority to fix and prescribe the political or other qualifications of its own members and shall, in its own way, declare and determine who shall be entitled and qualified to vote in such primary election or to be candidates therein or to otherwise participate in such political parties and primaries. The qualifications of electors entitled to vote in such primary election shall not necessarily be the same as the qualifications for electors entitled to become candidates therein. Nothing herein contained shall be so construed as to prohibit any state executive committee of a party from fixing such qualifications as it may deem necessary for persons desiring to become candidates for nomination to offices at a primary election.

(b) All poll lists for primary elections shall state at the top thereof that by participating in said primary election a voter shall indicate his preference for the party holding said primary, and will support the nominees of that party in the general election, and that he is qualified under the rules of such party to vote in its primary election. No person shall be eligible to participate in said primary unless he signs said poll list and thereby certifies to the truth of said statement.

The governing body of a party may fix assessments upon those able to pay, or other qualifications as it may deem necessary, for persons desiring to become candidates for nomination to offices at a primary election, but such assessments shall not exceed two percent of one year's salary of the office sought and, for an unremunerative or party county office or an unremunerative or party office to be filled by a vote of a subdivision greater than one county, it shall not exceed $50.00 or $150.00 for an unrenumerative or party office to be filled by a vote of the entire state.

Any person who shall, as a condition for standing for nomination to any office in a primary election, assess or cause to be assessed a fee by any committee or other governing body of any political party in this state in excess of that allowed by law shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $25.00 nor more than $100.00.

Each candidate for nomination may, at least 25 days before the primary, present to the county executive committee of his party a list of election officers desired by him for any one or more of the districts, wards or precincts, and his county committee shall, so far as practicable, make up, from the list so presented to it, a list of names of election officers, six in number, for each district, ward or precinct, which it will nominate to the appointing board of the county for appointment as officers to conduct the primary election. The county committee shall present the list so made up by it to the appointing board of the county which appoints the election officers to conduct elections for state and county officers in November, or at any other lawful time, which appointing board, from the list so presented to it by the county committee, shall, if there be on said list the names of sufficient persons who are legally eligible, select and appoint the officers to conduct the primary election, observing the above rule as to representation wherever more than one party enters the primary; and, in the latter case, if a county committee has not given a sufficient number of names for a box, then the appointing board shall supply the deficiency from electors of that party. In the event the persons selected as officers fail to appear at the polling place on the day of the primary election at least one hour before the polls are scheduled to open, then their places shall be filled by such of those who have been named by such appointing board as do appear; and, in the event none so named appear by then, the voters present and qualified to participate in such primary election may, from among themselves, select officers to conduct such election in such district or precinct, and such substituted persons shall have the authority to conduct such elections and to be paid for their service in the same manner as if they had been originally appointed. All officers serving in such primary elections shall take the same oath required to be taken by officers of regular state elections and shall be subject to the same restrictions, limitations, penalties and conditions.

Separate official ballots and other election stationery and supplies for each political party shall be printed and furnished for use at each election district or precinct and shall be of a different color for each of the political parties participating in such primary election. All ballots for the same political party shall be alike, except as herein otherwise provided, printed in plain type and upon paper so thick that the printing cannot be distinguished from the back. Across the top of the ballot shall be printed the party's emblem, if any, and the words, 'Official Primary Election Ballot.' Beneath this heading shall be printed the year in which said election is held and the words 'Democratic Party' or 'Republican Party' or other proper party designation. Each group of candidates to be voted on shall be preceded by the designation of the office for which the candidates seek nomination, and in the proper place shall be printed the words 'Vote for one' or 'Vote for two' (or more) according to the number to be elected to such office at the ensuing election. At the bottom of the ballot and after the name of the last candidate shall be printed the following: 'By casting this ballot I do pledge myself to abide by the result of this primary election and to aid and support all the nominees thereof in the ensuing general election.' Should any voter scratch out, deface or in any way mutilate or change the pledge printed on the ballot, he shall not be considered or held to have repudiated or to have refused to take the pledge, but shall, conclusively, be presumed and held to have scratched out, defaced or mutilated or changed the same for the sole purpose of identifying his ballot; and, accordingly, such ballot shall be marked 'spoiled ballot' and shall not be counted.

Where more than one political party has entered such primary, it shall be the duty of the county governing body to furnish to the election officers of each voting place separate ballot boxes or, where voting machines are used, separate rows or columns on such machines for each party participating in such primary. Ballot boxes shall be distinctly marked, and the ballots of electors of each party shall be deposited in the box assigned to and designated for that party. The returns, certificates and official list of voters, after the canvass of the votes, shall be deposited in the ballot box of the party to which they relate.

The names of candidates for each office shall be listed on the ballot in alphabetical order by surname, and the offices shall be listed in the following order:

(1) President (if preference primary);

(2) Delegate to national convention;

(3) Governor;

(4) Lieutenant Governor;

(5) United States senator;

(6) United States representative;

(7) Attorney General;

(8) State senator;

(9) State representative;

(10) Supreme Court justice;

(11) Court of Civil Appeals judge;

(12) Court of Criminal Appeals judge;

(13) Secretary of State;

(14) State Treasurer;

(15) State Auditor;

(16) Commissioner of Agriculture and Industries;

(17) Public Service Commissioner;

(18) State Board of Education member;

(19) Circuit court judge;

(20) District attorney;

(21) District court judge;

(22) Circuit clerk;

(23) Other public officers (to be listed in the order prescribed by the probate judge); and

(24) Other party officers (to be listed in the order prescribed by the probate judge).

Whenever and wherever candidates for two or more state offices of the same classification are to be nominated in said primary, each of said places to be filled shall be numbered, and each candidate for such offices, in the announcement of his candidacy, shall designate the number of the office for which he is a candidate. The same person shall not be a candidate or be permitted to file his declaration for more than one of such places. No ballot shall be counted for any candidate except for the place and number for which he announced in his declaration filed with the legally constituted authorities to receive and file declaration of candidacy.

The judge of probate of each county is hereby required to furnish to the officers of the primary election a copy of the official list of voters of each precinct or district in his county, of the same kind and in the same manner as he is required by law to furnish such list to the officers at any general state election. The probate judge shall also furnish all necessary election supplies, including stamped addressed envelopes in which to mail certificates of results and other papers herein required to be forwarded. The probate judge shall deliver such election supplies and lists to the sheriff of the county not less than three days before the day of the election, and it shall be the duty of the sheriff to deliver the same, together with ballot boxes, to the officers of said election, at the place provided by law for holding said election and not later than one hour before the polls are scheduled to open on said election day.

Repealed by Act 2003-313, p. 733, §12, effective June 19, 2003.

Repealed by Act 2003-313, p. 733, §12, effective June 19, 2003.

The ballot of every voter shall be kept secret and inviolate. As the inspectors deposit the ballot, the name of the voter shall be checked off the official voting lists. One of the inspectors, as he hands out the ballot to the voter, shall initial the same on its back and, before depositing it in the ballot box, shall examine said ballot and see that it contains the identical initials aforesaid, and said ballot shall be numbered by one of the inspectors before being deposited in the ballot box and a corresponding number placed by the clerks on a record to be kept for that purpose by them, which records shall be enclosed in a separate envelope and sealed and directed to the chairman of the county executive committee, shall be delivered to him by the returning officer and shall be kept by such chairman and opened only as herein provided. In the event of a contest, such sealed record of only the counties, districts, precincts or wards concerned in the contest shall be open and, when opened, may be used in evidence so far as necessary. Such chairman shall not open such sealed records except on proper demand, as provided for in this chapter, or as permitted by law, or to make certified copies on such demand; and he shall not open them except in the presence of the trial committee. The seal of the ballots shall be removed or broken only as provided for in the provisions of law applicable to general elections. After the time allowed by law for filing contests, if no contest is filed, the chairman of the county executive committee shall destroy the sealed records.

A candidate who has qualified may have a single watcher in the polling place, to be appointed by him in writing over his own signature, and the appointment shall be presented to and filed with the inspectors. A returning officer shall not be a watcher. A watcher shall not act as or be an election officer and shall not render assistance to anyone in preparing a ballot. The watcher may remain in the voting place from the opening of the polls until the box is sealed and delivered to the returning officer and shall have the right to see and inspect the ballots as they are called off and to see the tally as it is being made and generally to watch the conduct of the election. Any watcher who shall violate any of the provisions of this chapter, any person who shall pretend to be a watcher when he has not been appointed, any person who shall impersonate a watcher and any watcher who shall on election day, either directly or indirectly, electioneer or campaign with any of the electors or suggest how he shall vote shall be guilty of a misdemeanor and, on conviction, shall be fined not less than $100.00 nor more than $1,000.00.

If a qualified elector is unable to read the English language or is so physically disabled that he cannot cast his ballot and requests assistance in preparing his ballot, the inspector shall swear him as to such disability, and thereupon said voter may have the assistance of any person he may select. Each elector, in preparing his ballot, shall prepare the same in the room or place where such election is being held, and not elsewhere.

Any person who assists a voter in preparing his ballot to be voted at a primary election, except as he is authorized to assist such voter under this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined not less than $100.00 nor more than $1,000.00.

Any elector who receives assistance other than that provided or authorized by this chapter, or who prepares his ballot in the presence of any person contrary to this chapter, or who divulges to another how he voted otherwise than as authorized by this chapter, shall be guilty of a misdemeanor.

The sheriff shall perform the duty of returning officer as in general elections, unless someone else has been named and designated as authorized by law. It shall be his duty or the duty of such returning officer as may be otherwise legally named and designated, as the case may be, to return and deliver to the chairman of the county executive committee of each of the political parties participating in the primary election, at the office of the judge of probate at the county seat, the ballot boxes and returns which have been delivered to him by the officers of said election, and such ballot boxes and returns shall not be allowed to leave his possession and must be returned by him to such chairman not later than 10:00 A.M. on Wednesday following said primary election. Each and all persons failing to perform any of the duties herein required shall be guilty of a misdemeanor.

(a) At the close of the primary election at each polling place, and nowhere else, the inspectors and clerks shall proceed forthwith, without adjournment, in the manner provided by law in the case of general elections, to count the votes. This section shall not apply to provisional ballots governed by Section 17-10A-2.

(b) No later than two hours after the polls are closed, the precinct election results as tabulated by the inspectors shall be posted by the inspectors for public inspection at a place in the county courthouse designated by the judge of probate; however, counties that have centralized balloting tabulation as determined by the Alabama Secretary of State may not be required to post the results until January 1, 2006.

(a) No ballot shall be counted until the polls are closed; and, before counting any ballot or examining the same, one of the official lists of voters for each party participating in the primary which was furnished by the probate judge and the numbered poll list signed by the voters participating in the primary election shall be securely sealed in separate envelopes and each of the inspectors shall write his name across every fold at which the envelope, if fastened, could be opened. After the counting of the votes is finished and certificates of the result have been prepared and signed, the inspectors shall seal up in a separate envelope all the ballots cast at such election and shall put such ballots so sealed into the proper party ballot box and shall also put into the ballot box one tally sheet and one certificate of the results, and the ballot box with those contents in it shall be securely locked and sealed. The inspectors shall also, in an envelope addressed to the chairman of the county executive committee or other governing body of each political party participating, seal up one certificate of the results and one tally sheet, and such envelope, with those contents in it, together with the proper party ballot box, shall thereupon be immediately delivered to the returning officer, who shall keep the same securely in his possession and, by 10:00 A.M. on Wednesday following the primary, shall carry and deliver the box and envelope separately to the proper chairmen of the county executive committees of the political parties participating in such primary, at the office of the probate judge of the county.

(b) The inspectors shall also post in a conspicuous place at the polling place, for public inspection there, a copy of the certificate of the result.

After the result has been canvassed and declared by the county executive committee, the chairman of such county committee shall securely keep the ballot box, until it is known that there will be no contest but, in any event, not less than 30 days; and, if in that time no contest has been properly instituted, such chairman shall then destroy the contents of such box without examining the same. Such ballot box shall not be opened except in one or the other of the following events:

(1) In the event of a contest, where the opening of the box has been authorized under authority of the chairman of the executive committee trying the contest; and

(2) Where a box has been returned but no certificate of the result of the election has been sent the chairman outside of the box, the box may be opened by the chairman of the county committee, under the direction and in the presence of the committee, and the committee, for canvassing purposes, may obtain the result at any particular district, ward or precinct from the contents of the box, using the certificate of result contained therein, if any, or otherwise, so far as necessary in order to obtain it from the box; after which the papers shall be returned into the box, and the box shall be resealed by the chairman in the presence of the committee.

The counting of the ballots having been completed, the results shall be publicly proclaimed. Separate certificates for each of the political parties entering said primary and the results of said election shall be drawn up by said inspectors and clerks at each and every election district or precinct, which shall contain all matters and things provided for in the law regulating general elections. Said certificates shall be signed in triplicate by each of the inspectors; one copy of the same shall be forthwith posted in a conspicuous place at such polling place, one copy shall be deposited with or mailed to the chairman of the county executive committee of each of the political parties in the primary, at such place as the county executive committee of the county shall designate at which to receive such returns, and another copy shall be mailed to the chairmen of the state executive committees of the political parties participating in said primary.

The county executive committee of the party or parties participating in the primary election shall meet at the courthouse of its county, not later than noon on Monday next following the primary election, and receive the returns, canvass and tabulate the same, by precincts, and publicly declare the results thereof. The chairman of each county executive committee shall forthwith, and not later than noon on the Wednesday eight days following the primary election, certify and return to the chairman of the state executive committee a statement and tabulation, by precincts, of the result of the primary election and of the number of votes received by each candidate therein for office, except candidates for county office. Not later than noon on the Friday 10 days following such primary election, the state executive committee, or such subcommittee thereof as may have been appointed by the chairman thereof for such purpose, shall meet at the State Capitol in Montgomery and receive the returns, canvass and tabulate the same by counties and publicly declare on that day the results thereof as to all candidates for office therein, except candidates for county office, which results shall be final. The state executive committee or such subcommittee as provided in this section shall also provide the Secretary of State with the primary election returns by precincts according to county on a form authorized by the Secretary of State on the Friday 10 days following the primary election, county and municipal returns excepted.

(a) At the respective meetings of the respective executive committees, the county executive committee shall, as to candidates in the primary election for office, except candidates for county office, publicly ascertain, determine and declare whether any candidate for office in the primary election has received a majority of the votes cast for the office, and, if so, declare the candidate the nominee of the party for the office for which he was a candidate and for which he received a majority of the votes cast for that office in the primary election.

(b) If no candidate receives a majority of all of the votes cast in such primary election for any one office or offices for the nomination to which there were more than two candidates, then there shall be held a second primary election on the last Tuesday in June following the primary election, and the chairman of the state executive committee shall certify to the Secretary of State, immediately upon the completion of such canvass as aforesaid, the names of the two candidates of his party to receive the highest number of votes in the first primary election for such office or offices, except county officers, and who are to be voted for in the second primary election. The chairman of each county executive committee shall, immediately upon the completion of such canvass, certify to the probate judge of the county the names of the two candidates who received the highest number of votes in the first primary for nomination to any county office. The Secretary of State shall, within not more than six days from the date the certificate is received from the chairman of the state executive committee, certify to the probate judge of any county where a second primary election is to be held the name or names of the candidates certified to him as herein provided by the chairman of the state executive committee. The probate judge of each county in Alabama shall in the manner and form as required by this chapter and the general laws of Alabama, have prepared and printed all election supplies and all ballots to be voted in the second primary election, which ballots shall contain, under appropriate headings or titles of the offices to be filled, the names of the two candidates for each office so certified to him by the Secretary of State and the chairman of the county executive committee, as herein required, as well as such other matters as are required by this chapter and the general laws of Alabama, on ballots for the first primary election.

(c) At the second primary election, no person can be a candidate except the two persons who receive the highest number of votes for the offices for which they were candidates in the first primary election.

(d) The returns from the second primary election shall be made and the votes canvassed, tabulated and certified and the results declared in the same manner provided in this chapter for making, canvassing, tabulating, certifying and declaring the results of the first primary election. The county executive committee of the parties participating in the primary election shall meet at the courthouse of their respective counties not later than the second Friday following the second primary election and receive the returns, canvass and tabulate the same by precinct and publicly declare the results thereof. The chairman of each county executive committee shall forthwith, and not later than noon on the second Monday following the primary election, certify and return to the chairman of the state executive committee a statement and tabulation by precincts of the results of the second primary election and of the number of votes received by each candidate for office therein voted for except candidates for county office. Not later than noon on the third Wednesday following the second primary election, the state executive committee, or such subcommittee thereof as may have been appointed by the chairman thereof for such purpose, shall meet at the State Capitol in Montgomery and receive the returns and canvass and tabulate the same by counties, and publicly declare on that day the result thereof as to all candidates voted for, except as to candidates for county office which results shall be final. At such respective meetings of the respective executive committees, the county executive committee shall, as to candidates for county office voted for in the second primary election, and the state executive committee shall, as to candidates for office in the second primary election voted for therein, except candidates for county office, publicly ascertain and determine the candidates receiving a majority of all of the votes cast in such second primary election for any one office, and the candidates so ascertained and determined to have received a majority of all of the votes cast in such second primary election for the office shall be declared the nominee of the party for such office by the respective county and state executive committees. Thereupon and immediately upon the completion of such canvass as aforesaid, the chairman thereof shall certify to and file with the probate judge of his county the names of those who have been nominated in the first or the second primary election or as otherwise authorized or provided by this chapter, as candidates of his party for county offices; and in like manner, and immediately upon the completion of such canvass, as aforesaid by the state executive committee, or subcommittee thereof, the chairman of the state executive committee shall certify to and file with the Secretary of State the names of those who have been nominated in the first or second primary election or as otherwise authorized or provided by this chapter as candidates of his party for office, except candidates for county office, and the names of the persons so certified shall be placed upon the official ballot of the general election to be held in November next thereafter as the candidates of the party for the offices for which they, respectively, have been so nominated.

(e) The state executive committee or such subcommittee as provided in this section shall also provide the Secretary of State with the second primary election returns by precincts according to county on a form authorized by the Secretary of State on the third Wednesday following the secondary primary, county and municipal returns excepted.

In the event either of the two candidates receiving the highest number of votes in the first primary election shall determine not to enter the second primary election provided for in this chapter, he shall, as soon as possible and not more than three days after holding of the first primary election, certify his declination to enter such second primary election to the chairman of the state executive committee of his party, if the office is an office other than a county office, or to the chairman of the county executive committee of his party if the office is a county office. Upon the receipt of such notification, the chairman of such committee shall declare the other candidate the nominee of the party for such office and certify his name as such nominee to the Secretary of State or the probate judge, as the case may require, and a second primary election for the nomination of a candidate for that particular office shall not be held.

If a nominee for a single office is to be selected, with more than one candidate, then the majority of votes cast for said office in such election shall be ascertained by dividing the total votes cast for all candidates for said office by two, and any number of votes in excess of one half of such total votes cast for all candidates for such office shall be a majority within the meaning of this section. If nominees for two or more offices (constituting a group) are to be selected and there are more candidates for nomination than there are such offices, then the majority of votes cast for said office in such election shall be ascertained by dividing the total votes cast for all such candidates by the number of positions to be filled, and then dividing the result by two. Any number of votes in excess of the number ascertained by such last division shall be the majority herein provided for necessary for nomination. If, in ascertaining the result in this way, it appears that more candidates have obtained this majority than there are positions to be filled, then those having the highest vote, if beyond the majority just defined, shall be declared the nominees for the positions to be filled.

If, in any primary election held under the provisions of this chapter, there shall be a tie vote cast, then such tie shall be decided by the chairman of the state executive committee, if the office is an office other than a county office, and by the chairman of the county executive committee if the office is a county office.

The Secretary of State shall, within 45 days after the second primary election, certify to the probate judge of each county in the state a separate list of nominees of each party for office and for each candidate who has requested to be an independent candidate and has filed a written petition in accordance with Section 17-7-1(a) (3), except nominees for county offices, to be voted for by the voters of such county.

The state executive committee, in cases where the office to be filled is not a county office, and the county executive committee, in cases where the office to be filled is a county office, but subject to the approval of and in accordance with the method prescribed by the state executive committee, where a vacancy may occur in any nomination, either by death, resignation, revocation or otherwise, or in case of any special election, shall have the power and authority to fill such vacancy, either by action of the committee itself or by such other method as such committee may see fit to pursue.

The state executive committee or other governing body of any political party may provide for state conventions or conventions of other subdivisions and may provide for the election of delegates to such convention or other party officers at the general primary herein provided for.

(a) When any political party shall desire to hold any mass meeting, beat meeting or other meeting of the voters of such party for the purpose of nominating any candidate or candidates for public office, to be voted for in a general election in Alabama, or for the purpose of selecting delegates or other representatives to any convention which may select such candidates for public office, or when any such party shall desire to hold such mass meeting, beat meeting or other meeting of the voters of such party for the purpose of selecting committeemen, representatives or other party officers of such party, all of such meetings shall be held at the times and places set out in this section, and at no other times or places.

(b) All such meetings shall be held at least 60 days before the first primary election. The general public is privileged to attend such meetings, but not to participate. No less than five days prior to the date upon which any such mass meeting, beat meeting or other meeting is to be held, notice of such meeting, including the time and place of such meeting, shall be filed with the probate judge of the county in which any such meeting is to be held and shall be published in a newspaper of general circulation in said county at the expense of the political party holding such meeting. The probate judge shall immediately forward to the Secretary of State a certified copy of all notices filed under this section.

Any person or persons who shall hold, attend or participate in the holding of any meeting for the purpose of nominating a candidate or candidates for public office, to be voted for at any general election in Alabama, or for the purpose of electing delegates or other representatives to any convention which may select such candidates for public office, at any time or place other than as provided for in any provision of this chapter relating to mass meetings or beat meetings, or who shall otherwise violate the laws of this state regulating mass meetings or beat meetings, shall be guilty of a misdemeanor.

Sections 17-16-43 and 17-16-44 shall not apply where a special election is called for the election of a public officer for which said party has no candidate or where, by death, resignation or otherwise, a vacancy has occurred in any nomination made by such party. Sections 17-16-43 and 17-16-44 shall not apply to municipal elections.

The certificate of nomination by any caucus, convention, mass meeting or other assembly of any political party or faction in this state not conducting a primary election at the expense of the state shall be filed on or before 5:00 P.M. of the day required for political parties holding primaries to certify their nominees with the probate judge, in the case of nominations for county office, and with the Secretary of State in the case of all other offices. Each such certificate must have attached thereto a separate sworn statement from the nominee, signed by him, stating that he accepts the nomination.

Any person found drunk or intoxicated about any polling place during any primary election shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $10.00 nor more than $100.00, or sentenced to hard labor for not less than five nor more than 10 days.

Any person who makes a false or fraudulent return of the result of any primary election, or who falsely or fraudulently changes the votes, ballots, figures or results of any election shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than $50.00 and not more than $1,000.00, and may be sentenced to hard labor for a term not exceeding 12 months.

Any manager, clerk, returning officer, watcher or chairman of an executive committee who compares the number on the poll list with the number of the ballot of any voter for the purpose of ascertaining how any voter voted, except in case of contest, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than $50.00.

Any person who opens any envelope containing the poll list of any voting place, except in case of a contest, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $50.00.

Any voter who shall vote more than once, or attempt to vote more than once, in any primary election held in this state, shall, on conviction be punished in the same manner as provided for voting or attempting to vote more than once in a general election.

Any person who shall change or in any wise alter the returns of any primary election, or remove the copy of the returns posted at any polling place before the result of the election is announced by the committee or governing authority, shall be punished in the same form and manner as provided by the general law for the punishment of any person who changes or in any wise alters the returns of the regular state elections.

Any officer of the state or of any county or municipality whose duty it is by law to prepare and have printed ballots for any election authorized by law to be held, and any executive officer or member of a political party charged with the duty of preparing and having printed ballots for any primary election authorized by the rules and regulations of said political party to be held, who shall wilfully or negligently fail to have printed on said ballots, as required by law or the rules and regulations of the political party holding the election, the names of all persons entitled to be printed thereon and all issues entitled to be printed thereon and entitled to be submitted to a vote, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $1,000.00, and may be sentenced to hard labor for the county for not more than one year.

Any person appointed to serve as an election officer at any primary election who fails to serve as such officer at such primary election, except on account of illness, shall be guilty of a misdemeanor.

Any person acting as an inspector at a primary election who shall mark the ballot of a voter contrary to the voter's direction or request, or who shall electioneer or attempt to electioneer with a voter or attempt to influence his vote by suggestion or otherwise, or who shall afterwards divulge how such elector voted in any race on the ballot, shall be guilty of a misdemeanor, and on conviction shall be fined not less than $100.00 nor more than $1,000.00.

The sheriff of each county on the day of such primary election shall be present in person or by deputy at each election precinct or voting district where such elections are held, and shall preserve good order. All duties imposed and powers conferred upon the sheriff in said county and district elections by this section are imposed and conferred on the marshal or chief of police in all municipal primary elections. Not more than one officer shall be allowed, however, to enter into the polling place.

Any person who violates any of the provisions of this chapter for which a penalty is not otherwise provided shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 and not more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months, at the discretion of the court.

All nominations made by primary election may be contested within 24 hours after the results of the primary election have been declared, weekends excluded, under the same conditions and on the same grounds as provided in the laws of Alabama for general elections of state and county officers and as provided in this chapter. Such contest shall be heard and tried by the county executive committee as to candidates for county offices and by the state committee as to candidates for all other offices; and wherever there is no county executive committee consisting of enough members to obtain a quorum, then by the state executive committee.

The contests of nomination by a party for office, other than a county office, may be instituted by any qualified elector of the state, or of the political subdivision, as the case may be, who belongs to that party and who legally participated in such primary election, upon the following grounds, which may be used separately, or else be joined in the same contest:

(1) Malconduct, fraud or corruption on the part of any inspector, clerk, marker, returning officer, board of supervision or canvassers or other persons;

(2) When a person whose nomination is contested was not eligible to the office sought at the time of the declaration of nomination;

(3) On account of illegal votes given;

(4) On account of the rejection of legal votes;

(5) Offers to bribe, bribery, intimidation or other malconduct or misconduct calculated to prevent a fair, free and full exercise of the elective franchise;

(6) Miscalculation, mistake or misconduct in counting, tallying, certifying or canvassing which of itself alone or in conjunction with the giving of illegal votes or the rejection of legal votes, or any other ground, would, when everything is corrected, reduce the number of legal votes cast for the declared nominee down to or below those of some other candidate in that race.

None of the grounds of contest enumerated in Section 17-16-71 shall serve to annul or set aside any declared nomination, unless such ground alone or in conjunction with other of such grounds alleged shall serve to show to the reasonable satisfaction of the committee trying the contest that the person who was declared nominated and whose nomination is contested did not receive at such primary the number of legal votes necessary under this chapter to nominate him. But upon such contest, the committee shall have power to declare who was legally nominated at such primary for such office.

When a contest of a nomination is instituted or where a special primary to nominate is held, as provided for in this chapter, the declared nominee for such office shall not be certified until after termination of the contest filed in the time herein prescribed.

In the hearing of any contest before any committee or subcommittee under the provisions of this article, such committee, through its chairman, or through such other authority as may be designated, shall have authority to summon witnesses to appear before it, or before any subcommittee appointed by it, in the hearing of any contest pending before such committee, and can require any witnesses by a subpoena duces tecum to produce any books, papers, poll lists, tally sheets, ballots, certificates or other documents which it may consider necessary to a rightful determination of the case.

Any person examined as a witness on a contest of a nomination may be required to answer as to whether he voted at the primary and touching his qualification to vote thereat and to answer for whom he voted in the race concerned in the contest. If he swears falsely upon such contest to any material matter, he may be prosecuted for any perjury thereby committed, as defined by Section 13A-10-100; but if on such contest he makes full and true answers, any of which may incriminate or tend to incriminate him, he shall not be prosecuted in any court, either for voting in the primary or for any offense committed by him and disclosed by his answers.

The chairman of any committee or subcommittee before which may be pending any contest as herein provided shall have authority to administer oaths to witnesses in such contests and to summon persons and officers to be and appear before such committee or subcommittee. The person who desires the summoning of any witnesses, at the time he makes request of the chairman of such committee to summon any witness, shall deposit with the chairman of such committee, in cash, sufficient money to pay the cost of summoning any such witness and also to pay such witness the sum of $1.00 per day while attending upon such committee and the sum of $.03 per mile each way in coming and returning from attendance upon such committee. All witnesses summoned to testify in any contest pending before any committee shall be paid at the rate of $1.00 per day and $.03 per mile. Any party to the contest may file with the chairman an instrument in writing, signed by any such desired witness, waiving his right to claim such per diem and mileage, in which event the chairman shall not require a deposit for the payment of such witness fees, but only for the expense of summoning him.

It shall be the duty of the probate judge of any county, upon the application of either party to any contest, his agent or attorney, to deliver to the party, his agent or attorney a certified copy of the registration list of his county or for any election district, ward or precinct therein, upon payment of his fees for certifying and copying the same at the rate of $.15 per 100 words written by him in making such copy. Such copies, duly certified, shall be prima facie evidence of the facts stated therein; namely, copies of the registration lists that the persons named therein were duly registered. Any chairman of any committee or other authority or person in whose possession, control or custody there is any list of persons voting at the primary election or any other paper lawfully pertaining to the primary election, shall furnish a copy thereof for any state, county, district, ward or precinct, duly certified by him, whenever required in writing by either party to a contest or his agent or attorney, upon the applicant's paying in advance the reasonable cost of preparing such copy, and such duly certified copies shall be prima facie evidence of the truth of the matter indicated or recited therein.

(a) Any elector of a party desiring to contest the nomination by his party of any candidate declared the nominee for any office shall make a statement in writing setting forth specifically:

(1) The name of the party contesting and that he was a qualified elector when the primary was held and he participated therein;

(2) The nomination which said election was held to fill;

(3) The time of holding the election;

(4) The name of the person declared nominated; and

(5) The particular grounds on which the nomination is contested.

(b) The contest is instituted by filing this statement and giving security as provided in this article, which said statement must be certified by the affidavit of such contesting party to the effect that he believes the same to be true.

(c) If the reception of illegal votes is alleged as a ground for contest, it is a sufficient statement of said ground to allege that illegal votes were given to the person whose nomination is contested, which, if taken from him will, of themselves alone or in conjunction with other alleged grounds of contest, if any, reduce the number of legal votes given to him down to or below the number of legal votes given to some other candidate for the same nomination; and if the rejection of legal votes is alleged as a ground, it is a sufficient statement of the ground to allege the legal votes were offered and rejected which, if cast and counted, would of themselves alone or in conjunction with other alleged grounds, if any, increase the number of legal votes cast for such candidate to a number equal to or greater than the number to which the contestee was legally entitled.

No testimony shall be received of any illegal votes or of the rejection of any legal votes in any contest commenced under the provisions of this article unless the party complaining thereof has given to the adverse party notice in writing of the number of illegal votes and by whom given, for whom given and at what precinct or voting place cast, or the number of legal votes rejected, by whom offered and at what precinct or voting place they were not allowed to be cast, which he expects to prove on the trial. Such notice shall be served personally or left at the residence or usual place of business of the adverse party at least five days before the taking of the testimony in reference to such votes.

Any contest of a nomination to any county office must be commenced within five days after the result has been canvassed and the nomination declared by the county executive committee of the party holding the primary, by filing a statement of contest with the chairman of such county committee, in the same manner and form as is provided in this article for contest of other nominations, and depositing at the same time with such chairman the sum of $50.00 in cash to be used by the said county executive committee in paying the expenses of such contest from time to time as such expenses may be authorized or directed by said county executive committee. The person whose nomination is contested under this section shall have five days after notice of the filing of the contest within which to file with such chairman his objections and his answers to such contest.

The chairman of the county executive committee, upon the filing with him of any contest as provided in this article, shall, within five days, call said committee together at the county seat at a time not less than 10 days nor more than 20 days after the filing of such contest to hear and determine the same.

(a) Either party to a contest under this article shall have the right of an appeal to the state executive committee from the final decision of the county executive committee upon the same. Notice of such appeal shall be filed with the chairman of the state executive committee within 10 days after determination of such contest by the county executive committee. At the time of filing with the chairman of the state executive committee his notice of appeal, such appellant shall deposit with the chairman of the state executive committee the sum of $100.00 to cover such cost and expenses as may be incurred by the state executive committee to hear and determine said appeal. Upon the filing of any such appeal, the chairman of the county executive committee from whose decision the appeal is taken shall certify to the chairman of the state executive committee, forthwith upon receiving notice of such appeal, a transcript showing a complete record of the proceedings before the county executive committee in such contests, and also a statement of the substance of the testimony of each witness taken on the trial of the contest before the county committee. Such statement may be offered in evidence upon the hearing of the appeal by either party to the appeal.

(b) The chairman of the state executive committee shall call said committee to meet at a time not less than 10 days nor more than 20 days from the time of the filing of any such appeal for the purpose of hearing and determining the same. Upon a final determination of said appeal, the chairman of the state executive committee shall issue to the county executive committee from which the appeal was taken the order of judgment of such state executive committee upon the appeal, and said county executive committee shall immediately act thereon in accordance with the terms of such order of judgment. Upon the failure or refusal of such county executive committee to comply with the terms of such order or judgment within the time named in such order or judgment, such state executive committee, if it is then in session, otherwise, the chairman of such state executive committee, is hereby vested with full and complete authority to take such measures or adopt such steps as it may deem necessary to carry out such order or judgment, and is invested with all the powers of such county executive committee or its chairman insofar as such powers may be necessary or convenient in carrying out such order or judgment.

(c) The chairman of the state executive committee may appoint a subcommittee of not less than three to hear and decide any contest, and the subcommittee so appointed shall, if so authorized by the chairman of the state executive committee, have all of the power and authority given to or possessed by the state executive committee to hear such contest. The subcommittee may be appointed to hear evidence and report their recommendations to the full state executive committee.

Any qualified elector of a party participating in any primary election held under the provisions of this chapter may, if he participated in the primary, contest a nomination declared by his party to any office, other than a county office, by filing with the chairman of the state executive committee his statement of contest and grounds thereof, as required by this article, for contest before a committee, verified and with averments the same as therein provided and by giving security as provided in this article. The person whose nomination is contested shall at once be notified by such chairman in writing of such fact, and such contestee shall have 10 days after the receipt of such notice of such contest within which to file with the chairman of the state executive committee his objections and answers to the statement of contest.

Upon the filing of any contest of nomination, the chairman of the executive committee with which the contest is filed shall file a statement in the office of the clerk of the circuit court of the county where the contestant resides of the fact that such a contest has been filed, giving the names of the parties thereto, the nomination contested and the day set for hearing. After such statement is filed, the clerk of the circuit court shall issue such subpoenas for witnesses and orders for production of documents and shall issue commissions for the taking of testimony by deposition as required by either party, each party to the contest being responsible for costs incurred by him for the summoning and attendance of witnesses on his behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall be the duty of the sheriff to serve all process issued by the circuit clerk and execute all orders and processes of the executive committee or subcommittee trying the contest. Such executive committee or subcommittee shall have the same power and authority as the circuit judges of this state to enforce obedience to its orders and process and to punish disobedience to its orders by fine or imprisonment, as for contempt. Such executive committee or subcommittee shall, of its own motion or at the request of either party, have power to require any person to produce before it papers or documents pertinent to any inquiry before such executive committee or subcommittee. The chairman of the executive committee or subcommittee trying the contest may issue directly to the sheriff process for the attendance of witnesses or the production of documents or commissions for taking depositions without the intervention of the circuit clerk, as provided in this article.

The state executive committee shall, upon the filing of a contest with the chairman, be called by such chairman to meet at a time not less than 10 days nor more than 20 days from the time of filing such contest for the purpose of hearing and determining the same, or, without calling the committee to meet, the chairman may appoint a subcommittee as herein provided for.

Upon the hearing of any contest, if the state or county executive committee finally determines who is the legal nominee for any office, it shall make a declaration of its judgment upon the question, but a failure or refusal by the committee in which the contest is brought to hear and determine the same as much as 40 days before the general election in November shall be treated as a dismissal or the rendition of judgment against the contestant, and a certificate thereof shall be forwarded by the chairman to the proper destination: the county chairman to the probate judge within five days, the state chairman to the Secretary of State within 10 days and the Secretary of State to the probate judge within 12 days after the result, but all certificates shall be made so as to get the nominee on the ballots for the general election in November.

If, upon the hearing of any contest for any office, as provided for in this article, the committee, after an investigation and hearing of the contest, shall determine that it is impossible from the evidence before it to decide who is the legally nominated candidate for the office contested, it shall have the right and authority to direct a new primary election for the nomination to any such office, but where any action is taken by any county executive committee, either person to the contest, in the same manner as herein provided for in the case of appeals from the action of any county committee, may take an appeal to the state executive committee, which shall be the court of final appeal in all party contests of nominations; provided that, upon hearing of any contest or appeal, as provided for in this chapter, which is not referred to and decided by a subcommittee, 15 members of any such state executive committee shall constitute a quorum for the hearing and determining of such contest or appeal; provided further, that the entire committee shall be notified of the meeting in the usual way.

The state executive committee may prescribe such other additional rules governing contests and other matters of party procedure as it may deem necessary not in conflict with the provisions of this article.

Upon filing of any contest as herein provided, the executive committee before whom any such contest is pending, if in session, or the chairman of such committee, if it is not in session, may appoint a commissioner, upon the request of either party, for the purpose of taking testimony in such contest, and such commissioner shall take testimony in such contest as he may be directed to take by the chairman of such committee, and five days' notice of the time when and place where such commissioner expects to take such testimony and the names of the witnesses to be examined shall be given the opposite party to the contest. Each party to the contest may be represented before such commissioner, but before any such commissioner is appointed, the party desiring the appointment made shall deposit with the chairman of such committee sufficient funds to pay the expenses and fees of such commissioner and the fees and mileage of any witness which may be summoned before such commissioner. And such commissioner, when appointed, shall, for the purpose of the contest in which he is to take testimony, have authority to summon witnesses to appear before him in such contest and to administer oaths to such witnesses and shall have all the authority vested in a judge of a district court to punish for contempt. Such commissioner shall not be of kin to either party to the contest.