§ 7-5-807 — Election illegalities - Complaint - Grand jury investigation - Indictment - Trial

(a) If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his or her opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days. (b) If the charges come in a regular term, the judge shall specially charge the grand jury as to them. (c) Should a special term be called, it shall in all respects be as if convened by law. The circuit judge shall cause to be summoned grand and petit jurors, either on lists selected by the sheriff or by disinterested persons selected by him or her for that purpose, according to his or her opinion as to the best method to select unbiased jurors. (d) Should indictments be returned, either at a special or regular term, for violating the general, primary, or special election laws, the defendants shall be given a speedy trial at the term, and the court may adjourn terms of other courts in order that they may be tried, unless for good cause shown or in the interests of justice a continuance or change of venue is granted. No change of venue shall be granted in such cases except after a hearing and a finding by the court that the defendant cannot obtain a fair and impartial trial in the district of the county where the indictment is pending.

Legislative History

Amended by Act 2017, No. 600,§ 2, eff. 8/1/2017. Acts 1969, No. 465, Art. 10, § 5; A.S.A. 1947, § 3-1005.