Chapter 5.36


5.36.010    Recount application.

5.36.020    Form of application.

5.36.030    Date of recount.

5.36.040    Procedure for recount.

5.36.050    Certification of recount result.

5.36.010 Recount application.

A. A defeated candidate, or 10 qualified voters who believe there has been a mistake made by an election official or by the canvass board in counting the votes in an election, may file an application with the borough clerk requesting a recount. The application shall be filed with the borough clerk no later than 5:00 p.m. on the Monday following the election or one business day after completion of the canvass, whichever is later.

B. The date on which the borough clerk receives an application, rather than the date of mailing or transmission, determines whether the application is filed within the time allowed under this subsection.

C. The application shall include a deposit in cash or certified check for $200.00 per election precinct to be recounted. The deposit shall be applied against any costs incurred. The applicant(s) shall pay all costs and expenses incurred in recount of an election if the recount fails to reverse a result of the election or the difference between the winning and losing vote on the result contested is more than two percent.

D. If two or more candidates having the highest number of votes for the same office, to which only one candidate is to be elected, are separated by 10 votes or less the borough clerk shall initiate a recount of that race. The clerk shall cease a recount under this subsection if a defeated candidate concedes the election in writing no later than the close of business two days after completion of the canvass. (Ord. 2018-08 § 6, 2018; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.690.)

5.36.020 Form of application.

A. Recount applications shall be provided by the borough clerk.

B. A recount application shall specify with particularity the grounds for the contest, the particular election precinct(s) for which the recount is to be held, the particular office or proposition for which the recount is to be held and shall state that the person making the application is a candidate or that the 10 persons making the application are qualified voters.

C. The application for recount shall bear the notarized signature of the candidate or the 10 qualified voters seeking the recount. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.700.)

5.36.030 Date of recount.

A. As soon as practicable after receiving a properly filed application, the borough clerk shall submit recount to the recount board. The recount board shall conduct the recount of the ballots of those precincts cited in the application.

B. The borough clerk shall give a person(s) who filed an application for recount and other directly interested persons notice of the time and place of the recount. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.710.)

5.36.040 Procedure for recount.

A. If a recount of ballots is demanded, the borough clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots for those precincts cited in the application for recount.

B. In conducting the recount, the clerk, with the assistance of the recount board, shall review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administrative convenience, the borough clerk may join and include two or more applications in a single review and count of votes. The rules adopted by the clerk governing the counting of marked ballots shall be followed in the recount. The clerk shall make the final determination on which ballots or parts of ballots were properly marked.

C. The ballots and other election materials shall remain in the custody of the borough clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. (Ord. 2018-08 § 7, 2018; Ord. 2016-40 § 36, 2016; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.720.)

5.36.050 Certification of recount result.

Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the assembly. The assembly shall abide by procedures for issuing a certificate of the election as set forth in this title. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.730.)