§ 17-16-41 — When Election Not Annulled

No malconduct, fraud, or corruption on the part of the inspector, clerk, returning officer, canvassing board, or other person, nor any offers to bribe, bribery, intimidation, or other malconduct which prevented a fair, free, and full exercise of the elective franchise can annul or set aside any election unless thereby the person declared elected and whose election is contested is shown not to have received the highest number of legal votes, nor may any election contested under the provisions of this title 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 or her, would reduce the number of votes given to him or her below the number of legal votes given to some other person for the same office. No election shall 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 the person’s legal votes to or above the number of legal votes received by any other person for the same office.

Legislative History

(Code 1896, §1668; Code 1907, §456; Code 1923, §546; Code 1940, T. 17, §232; §17-15-2; amended and renumbered by Act 2006-570, p. 1331, §83.)