A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made by an election official or by the canvassing board in counting the votes in an election, may file an application requesting a recount with the clerk no later than 5 p.m. on the day scheduled for the certification of the election results or by delivering the application for recount to the assembly at its meeting held to certify the election returns. The applicant shall include a deposit in cash or certified check for $250.00. The deposit shall be applied against any costs incurred pursuant to subsection E of this section or refunded if there is no liability for recount costs. If the difference between two candidates is two percent or less, the clerk shall initiate the recount and give notice to the interested parties.

B. The application shall specify in substance the basis of the belief that a mistake has been made, the particular election precinct or precincts for which the recount is to be held, the particular office, proposition, or question for which the recount is to be held, and that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the 10 qualified voters seeking the recount. The date on which the clerk receives an application, rather than the date of mailing or transmission, determines whether the application is filed with the time allowed under this subsection.

C. Upon receiving an application in substantially required form, the clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots, as soon as possible, of those precincts cited in the application for recount. The rules governing the counting of marked ballots by the election board shall be followed. Those requesting the recount, those whose election is recounted, and the public shall be allowed to attend the recount proceeding.

D. Upon completion of recount, the recount board shall certify the results of the recount to the assembly. The assembly shall declare the final election results and direct the clerk to deliver to each person elected to office a “certificate of election” signed by the clerk and authenticated by the seal of the borough.

E. The applicant or applicants for recount shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or the difference between the winning and losing vote on the result requested for recount is more than two percent. [Ord. FY2023-05 §2, 2022; Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].