§ 2602. Petitions for recounts; setting date of recount
(a) [Repealed.]
(b) In the case of recounts described in subsection 2601(a) of this subchapter, the following procedure shall apply.
(1) A petition for a recount shall be filed within seven calendar days after the election.
(2) The petition shall be filed with:
(A) the Civil Division of the Superior Court, Washington County, in the case of candidates for State or congressional office, or for a presidential election; or
(B) the Superior Court in any county in which votes were cast for the office to be recounted, in the case of any other office.
(3) The petition shall be supported, if possible, by a certified copy of the certificate of election prepared by the canvassing committee, verifying the total number of votes cast and the number of votes cast for each candidate.
(c)(1) The Superior Court shall:
(A) set the date of the recount to be:
(i) five business days after the court receives the petition, in the case of a primary recount; or
(ii) 10 business days after the court receives the petition, in the case of a general election recount; and
(B) notify all candidates of the recount date no later than the next business day after the petition is received.
(2)(A) The Superior Court shall forward a copy of the petition to the county clerk.
(B) The court shall order the town clerk or clerks having custody of the ballots to be recounted or their designees to transport the ballots and a copy of the entrance checklist from the election to be recounted to the county clerks of their respective counties before the day set for the recount.
(C) The county clerk shall store all ballots, still in their sealed containers, in his or her vault until the day of the recount.
(d)-(i) [Repealed.] (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), §§ 90-93; 1985, No. 148 (Adj. Sess.), §§ 3, 4; 1985, No. 196 (Adj. Sess.), § 16; 1989, No. 211 (Adj. Sess.), § 5; 2007, No. 54, § 13; 2009, No. 154 (Adj. Sess.), § 140; 2013, No. 161 (Adj. Sess.), § 42; 2017, No. 50, § 1.)