Feb. 26,

1907, p. 136, § 10.

Ib, § 11.

Feb. 26,

1907, p. 136, § 1:

County Local Option Prohibition Law.

tion as required of and provided for in the general election laws of this state, which compensation and all costs of election shall be paid out of the county treasury of the county in which the election is held.

501. Officers of election failing or refusing to perform duty; penalty for. Any officer, manager, or returning officer of election who shall fail or refuse to perform any duty required of him under the provisions of this article, or the general election law, shall be liable to a penalty of not less than one dollar nor more than five hundred dollars, to be recovered of him in a civil action in a suit by the county against him in which such election was held.

502. Qualification of electors or voters.-All persons who are qualified electors under the constitution and general laws of this state at the time of the election, and only such, shall be entitled to vote at any election held under the provisions of this article.

503. Times at which election shall not be held.-Such election shall not be held within less than thirty days from the time Amended it is ordered, nor within thirty days of the time of holding any county, state, or national election in said county.

Aug. 7,

1907, p. 626, § 2.

Ib.

I5., § 12.

Ib., 13.

504. Elections affecting dispensaries, when may be held.No election shall be called or held under this article in or for any county in which a dispensary may be established or may be authorized to be established for the sale of spirituous, vinous or malt liquors under any act passed by the session of 1907 of the legislature, before the expiration of two years from the date of the approval of said act.

505. Time of holding second election.-When an election has been held under this article in any given county, no other election shall be held in such county under the provisions of this article within two years from the date of such election.

506. Contest of such elections.-Any election held under the provisions of this article may be contested by any elector of the county in which the election is held, in the same manner as is or may then be provided by the general election laws of this state for the contest of an election for the office of probate judge. And the county shall be made the contestee, and the county solicitor shall be required to respond to the contest. Ib, 66 14 507. Effect of election to prohibit sale of intoxicating liquors. If a majority of the legal votes cast at any election in any county held under the provisions of this article shall be "Against the sale of liquor," then it shall not be lawful to sell or otherwise dispose of any intoxicating liquors, drinks or beverages within the bounds of said county after the 31st day of December next succeeding the date of such election, nor

and 15.

ELECTION OF PUNISHMENT; ELECTIONS, OFFENSES CONCERNING. 377

shall a license be obtained or granted authorizing or purporting to authorize the sale or other disposition of such intoxicating liquors, drinks or beverages, after the date of such election within said county, and all licenses issued before such election shall be null and void, and shall not authorize the sale or other disposition of such intoxicating liquors after the 31st day of December next succeeding the date of the election; provided, subsequent elections may be held under the provisions of this article. And if, at any subsequent election held in such county, a majority of the votes cast are for the sale of liquors or for the sale of liquors in dispensaries, then, on and after the first day of January next succeeding such election, intoxicating liquors may be sold in such county as the same was authorized to be sold on January 1st, 1908. If a majority of the legal votes cast at any election held in any county under the provisions of this article shall be "For the sale of liquors," or "For the sale of liquors in dispensaries," as provided in section 497 of this article, then the sale of liquors shall not be affected by such election.

136, § 16.

508. Sales or other dispositions of intoxicants covered by Feb. 26, article. The provisions of this article shall extend to all sales 1907, p. or other dispositions of intoxicating liquors, drinks or beverages, whether by dispensaries, retailers, wholesale dealers, or any separate or isolated sales or dispositions.

509. Laws not repealed by this article.-Neither the pro- I., § 17. visions of this article nor the result of any election held under such article shall have the effect to repeal or annul any law which now, or which at the time of such election, prohibits the sale or other disposition of intoxicating liquors, drinks, or beverages, within any county or precinct of such county.

510. Wines for sacramental purposes exempt.-The pro- Ib., § 18. visions of this article are not intended to extend to or prohibit the use of wines for sacramental purposes.

511. Intoxicants defined. The phrase "intoxicating Ib., § 19. liquors, drinks, or beverages," used in this article, shall include all vinous, spirituous, and malt liquors, and all alcoholic liquors, drinks, or beverages, and all proprietary medicines which are or may be intoxicating.

CROSS REFERENCES.

ELECTION OF PUNISHMENT (Criminal Code)

ELECTIONS, CONTEST OF (Political Code)

ELECTIONS, MUNICIPAL (Political Code)

ELECTIONS; OFFENSES CONCERNING (Criminal Code)

7607, 7806 460- 491 .1164-1171

..6773-6826

Oct. 1,

1903. p.

CHAPTER 16.

ELECTIONS, PRIMARY. 512-537.

SECTION.

526. Counting vote and declaring result of primary elections.

527. Canvassing returns of primary elections.

528. Sheriff; duties of at primary election.

529. Arrest of voters on day of election; regulation of.

530. Political party may fix special rules and regulations for elections.

531. Counting ballots; when and how made.

532. Campaign managers or committees.

533. General laws to govern primary election.

534. Poll list to be provided by probate judge.

535. Ballots; preparation of for primary elections.

536. Expense of primary elections. 537. Contest; notice of.

512. Primary elections defined.—A primary election, within the meaning of this chapter, is an election held by the quali356, § 1. fied voters who are members of any political party for the purpose of nominating a candidate or candidates for public office.

513. Primary elections; how held.-All primary elections held in the state, by any political party, shall be held and conducted in the same form and manner and under the same requirements as are or shall be provided by law for the holding of regular state elections, except in such particulars as are herein excepted. But nothing herein contained shall be obligatory upon such party to hold such election.

514. General laws apply to primary elections.-The provisions of the general election laws of the State of Alabama shall in all particulars concerning penalties imposed upon all persons in connection with elections be applicable to and be enforced in all primary elections held in this state, except where the same are in conflict with the provisions of this chapter.

515. Certificate by nominating party; how made and filed.— When the nomination of candidates for public office is made

by any primary election which is to be filled by the voters of the entire county, the chairman and secretary of the county executive committee or other governing authority, representing the party for which the nomination is made, shall certify the same. If the office is to be filled by the voters of any district, whether senatorial, congressional, or judicial, the certificate shall be made by the chairman and secretary of the committee or other governing authority of such district representing the party for which the nomination is made. Said certificate shall be filed as provided for in this chapter.

356, § 5.

516. Certificate; form and contents of.-The certificate of Oct. 1, nomination shall be in writing; it shall contain the name of 1908, p. the person nominated, his residence, and the office for which he is nominated, and shall designate the party or principal which such nominee shall represent in as few words as practicable. Each person signing such certificate shall state the official capacity in which he signs the same, and also his place of residence and address. Such certificate may be in the following form or to the following effect, to wit: State of Alacounty. This is to certify that at a primary of (state the name of the party), held in and for in the year

bama,

the

the

of

the

day of

for the purpose of nominating candidates for public office, the following nominations were made to represent said party, to wit: (here state names of candidates, residence, and office. for which each candidate is nominated). In witness whereof we have hereunto set our hand this day of

in the postoffice

517. Canvassing board, for canvassing result and making I., § 6. certificate. For the purpose of making the certificate above required, the executive committee, or other governing body, of any political party in any county, district, or other division of the state, and the state executive committee of any political party, shall be considered canvassing boards to canvass the returns of such primary election, and the certificate so made shall be acknowledged by one or more of the officers signing the same before some officer authorized by law to take acknowledgments.

518. Certificate of nomination; where filed.-The certificate Ib.. $7. of nomination so filed in the office of the probate judge and secretary of state shall be preserved for at least thirty days after the next succeeding general election, when they may destroy the same.

519. Vacancies of candidates; how filled.-In case of a Ib., § 8. vacancy in a nomination by death, resignation, or otherwise,

Oct. 1,

1903, p. 356, $9.

Ib,, $ 10.

Ib., § 11.

after the certificate has been filed by the probate judge or secretary of state, it may be filled and certified in the same manner as originally made and certified, or in such manner as the governing authority of the party may determine. If such nomination to fill such vacancy cannot be made and certified to the probate judge or secretary of state before the printing of the ballots, provided for by the general laws of the state, it shall be lawful for the chairman of said state, circuit, county, district, or other political division committee or governing body to provide the inspectors of election of each precinct in which such candidate is to be voted for with a number of pasters, containing only the name of such candidate, at least equal to the number of ballots provided for each precinct, but no pasters shall be given to or received in any precinct except to such inspectors of election, and the inspectors of election shall deliver such pasters to the polling clerks, who shall in the presence of the said inspectors put one of such pasters in a careful and proper manner and in the proper place on each ballot.

520. Notice of primary election.-When it shall be desired by the committee or governing authority of any political party to hold a primary election under the provisions of this chapter, said committee or governing authority for the state or political subdivision of the state where such officers are to be nominated shall, at least thirty days prior to such primary election, give public notice thereof by posting said notice at the courthouse door and by advertising in some newspaper published in such subdivision, if there be such newspaper.

521. Qualifications of voters at primary elections.-All persons who are qualified electors under the general election laws of this state shall have the right to participate in such primary elections, subject to such political qualifications as may be prescribed by the state executive or central committee or governing body of such political party. The state executive committee may delegate to the several county executive committees the power to prescribe the qualifications of voters in any primary election for the nomination of county officers.

522. Officers of primary elections.-Officers for each election precinct in all primary elections held under the provisions of this chapter shall be of the same number as required and designated by law to hold regular state elections, and their duties and responsibilities shall be the same as those of legally appointed and regularly qualified officers of regular state elections. They shall be appointed by the regularly organized and constituted committee or governing body of the