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Justice

(7,188 posts)
Wed Dec 13, 2017, 10:40 AM Dec 2017

Roy Moore does not have right to ask for recount under AL law even if he offers to pay for it.


No provision in AL law permits a candidate for US senate to request that AL do voluntary recount. AL law only provides for recounts if the margin is .5% The laws relating to contests do not apply to a US Senate race.

Title 17, Chapter 16, Article 2 of the Code of Alabama - http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm

Article 2 Recounts Generally.
Section 17-16-20 Recounts generally.
When, in a general election, the election returns for any public office, including a judicial office, reflect that a candidate is defeated or any ballot statewide measure is defeated by not more than one half of one percent of the votes cast for the office, or the ballot measure, as certified by the appropriate election officer, a recount shall be held (unless loser waives).

Section 17-16-21 Recount procedures.
(a) Any person with standing to contest the election under Sections 17-16-40 and 17-16-47 may petition the canvassing authority for a recount of any or all precinct returns. The time period for requesting a recount begins with the production of the certificate of result and ends 48 hours after the official canvass of county returns.

Section 17-16-40 Grounds of contest.
The election of any person declared elected to the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, Public Service Commissioner, senator or representative in the Legislature, justices of the Supreme Court, judges of the courts of appeals, judge of the circuit court or district court, or any office which is filled by the vote of a single county, or to the office of constable may be contested by any person who was at the time of either of the elections a qualified elector for any of the following causes:

17-16-47 Statement of grounds of contest.
When any elector chooses to contest the election of any person declared to be elected to the office of senator or representative in the Legislature, judge of the circuit court or district court, any office which is filled by the vote of a single county, or constable, he or she must make a statement in writing setting forth specifically:
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Roy Moore does not have right to ask for recount under AL law even if he offers to pay for it. (Original Post) Justice Dec 2017 OP
I think he was pinning his hopes on uncounted ballots reaching the magic number. TexasProgresive Dec 2017 #1
No recount Gothmog Dec 2017 #2
I expect Moore/GOP to try it though. Delay the seating of Jones as long as possible Roland99 Dec 2017 #3

TexasProgresive

(12,157 posts)
1. I think he was pinning his hopes on uncounted ballots reaching the magic number.
Wed Dec 13, 2017, 10:46 AM
Dec 2017

Perhaps all ballots have been counted now.

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