§ 17-3-55 — Refusal of Registration - Appeal

Alabama § 17-3-55

• Jurisdiction: Alabama
• Title 17: Elections
• Ch. 3: Voter Registration
• Art. 3: Registration of Electors

Text

Any person to whom registration is denied shall have the right of appeal, without giving security for costs, within 30 days after such denial, by filing a petition in the probate court in the county in which he or she seeks to register, alleging that he or she is a citizen of the United States over the age of 18 years having the qualifications as to residence prescribed by law and entitled to register to vote under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of the petition, the clerk of the probate court shall give notice thereof to the district attorney authorized to represent the state in the county, who shall appear and defend against the petition on behalf of the state. The registrars shall not be made parties and shall not be liable for costs. An appeal will lie to the circuit court in favor of the petitioner if taken within 30 days from the date of the judgment pursuant to Section 12-22-20. The issues shall be tried in the same manner and under the same rules that other cases are tried in such court and by a jury, if the petitioner demands it. Final judgment in favor of the petitioner shall entitle him or her to registration as of the date of his or her application to the registrars. An appeal from the circuit court will lie to the Alabama Supreme Court.

Legislative History

(Code 1907, §315; Acts 1920, No. 78, p. 124; Code 1923, §384; Code 1940, T. 17, §35; Acts 1953, No. 754, p. 1016, §3; Code 1975, §17-4-11; Acts 1978, No. 584, p. 667, §19; §17-4-124; amended and renumbered by Act 2006-570, p. 1331, §13.)