The Resolution of Election Disputes: Legal Principles that Control Election Challenges 549 So.2d 90 549 So.2d 90 (Cite as: 549 So.2d 90) Page 1 Supreme Court of Alabama. Clyde BLOCKER, Jr., et al. v. CITY OF ROOSEVELT CITY, Alabama, a municipal corporation; and the City of Birmingham, a municipal corporation. 88-479. Aug. 25, 1989. City voters initiated contest of annexation election alleging misconduct of election supervisors, among others. The Circuit Court, Jefferson County, Bessemer Division, Roger Halcomb, J., denied request to declare annexation election illegal and void, and contestants appealed. The Supreme Court, Adams, J., held that trial court's decision was supported by the evidence. Affirmed. West Headnotes [1] Elections 293(1) 144k293(1) Most Cited Cases Errors and irregularities of election officers that are shown not to have affected the election result will not be considered in an election contest. Code 1975, §§ 11-46-69, 11-46-71. [2] Elections 227(1) 144k227(1) Most Cited Cases Threats, violence, or disturbances not materially affecting the result of the election should not invalidate the election. Code 1975, §§ 11-46-69, 11- 46-71. [3] Elections 295(1) 144k295(1) Most Cited Cases Denial of contest of annexation election was supported by the evidence, including evidence that annexation carried with 718 votes cast in favor and 404 cast against, even though those contesting election claimed election supervisors harassed and intimidated numerous voters in attempt to persuade them to vote in favor of annexing one city to another, where no proof was offered of illegal votes, rejected legal votes, or of failure of contestee to receive requisite 152 number of legal votes. Code 1975, §§ 11-42-125, 11-46- 55, 11-46-69, 11-46-71, 17-15-29. *90 Arthur Green, Jr. of Green, Armstrong & Bivona, Bessemer, for appellants. Michael Melton, Birmingham, for appellee City of Birmingham. Kearney Dee Hutsler, Birmingham, for appellee City of Roosevelt City. ADAMS, Justice. This appeal arises from a challenge to an election regarding the annexation of Roosevelt City, Alabama, into the City of Birmingham, Alabama. The trial court denied the appellants' contest of the election. We affirm. On July 12, 1988, a special election was held pursuant to a court order on the question of whether the citizens of Roosevelt City were in favor of being annexed into the City of Birmingham. The city clerk of Roosevelt City failed to canvass the election, and the city council of Roosevelt City did not act to declare the results of the election as required by Ala.Code 1975, § 11-46- 55. On August 17, 1988, pursuant to a court order, the election was certified by the city council of Roosevelt City, Alabama. The annexation carried by almost a two-to-one margin, with 718 votes cast in favor of annexation and 404 votes cast against the annexation. On August 22, 1988, the appellants, qualified electors of Roosevelt City, Alabama, *91 initiated a contest of the election, alleging various instances of misconduct. The appellants claimed that certain persons, including employees of the Jefferson County sheriff's department who supervised the election, harassed and intimidated numerous voters in an attempt to persuade them to vote in favor of the annexation. The appellants contend that if those persons' votes were excluded, then the number of legal votes cast for annexation would be below the number of legal votes cast against annexation. The trial court held an expedited hearing, as required by Ala.Code 1975, § 17-15-29, on September 7, 1988, and denied the appellants' request to declare the annexation election illegal and void. After a denial of a post-judgment mo- © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.