Section 17-14-26

Penalty for failure to make returns.

If any officer required to make returns of any election to the Secretary of State or to the Speaker of the House of Representatives fails to make such returns within the time prescribed, he forfeits to the state $500.00, recoverable by motion to be made by the district attorney of the proper circuit, in the name of the state in the circuit court of the county of such returning officer, upon three days' notice of such motion; and the certificate of the Secretary of State or of the Speaker of the House of Representatives, as the case may be, setting forth that such return has not been received is presumptive evidence of the failure of such officer to make such return.

(Code 1852, §357; Code 1867, §406; Code 1876, §3372; Code 1886, §448; Code 1896, §1665; Code 1907, §433; Code 1923, §523; Code 1940, T. 17, §207.)