§ 7-5-809 — Determination of guilt after election - Effect

(a) Should a proceeding under previous sections of this subchapter or a criminal prosecution under the criminal penalties imposed in this act not be determined finally until after the election, if the defendant in the proceeding is elected to the office or is the nominee of a political party to the office, and if it is determined that he or she was not entitled to be elected or to the nomination or that the judgment contains a finding that he or she violated the Political Practices Act or any of the laws applicable to general, primary, or special elections, then the judgment shall operate as a forfeiture of nomination or ouster from office. (b) The vacancy shall be filled as provided by law for filling vacancies in nominations or office in case of death or resignation.

Legislative History

Acts 1969, No. 465, Art. 10, § 7; A.S.A. 1947, § 3-1007.