(a) A petition for a recount may be filed by any candidate in a primary or election who believes that there has been fraud or error committed in the canvassing or return of the votes cast at such primary or election. The petition shall be filed with the board of elections of the legislative district in which the recount is requested. Such petition shall contain a statement sworn to before a notary public that the petitioner has reason to believe and does believe that the records or copies of records made by the election officers at one or more polling places in such district are erroneous, specifying wherein he deems such records or copies thereof to be in error; or that votes were cast by persons not entitled to vote therein, and that he believes that a recount of the ballots cast in the district will affect the nomination or election of one or more candidates voted for at such primary or election. The petition may not be filed later than seven (7) working days after the board has issued its official report of the primary, general or special election at which the votes were cast.
(b) Upon the filing of the petition, the board of elections for the district in which the recount is requested shall decide within 3 days whether the recount shall take place. If the board decides in favor of the recount, it shall cause notice of the recount to be given in a manner decided by it. The recount shall be held within 10 days after the filing of the petition and shall be public. The board of elections shall make triplicate certificates of such determination under oath showing the result of the primary or election and what persons were declared nominated for election or elected to fill offices, one of which shall be filed with the Supervisor of Elections, one with the chairman of the board of elections, and one with the person filing the petition for recount. The persons receiving the greatest number of votes, as shown by the statements, up to the number to be nominated or elected shall be deemed to have been nominated or elected, but if, at an election, there shall be no choice by reason of two or more candidates having received an equal number of votes for the office, a new election shall be held in accordance with section 628 of this title.
(c) If the board of elections decides not to approve the petition and grant the recount, it shall record the reasons for such decision. The aggrieved candidate may, within five days after the decision of the board has been made, appeal his case to the district court. The district court shall review the appeal promptly and render a decision. If the decision is in favor of a recount, the board of elections shall be so notified and shall proceed as provided in subsection (b) of this section.
(d) A recount under this section shall be conducted by the board or by persons designated by the board. The chairman of the board of elections shall designate the specific area of the place of the recount within which the recount will be conducted. Only the candidates whose names appeared on the ballot in the election district, or a specific designee who is to be present on behalf of any such candidate, may remain within the recount area. Any person may be ejected from the recount area or from the place of the recount upon the determination by the chairman of the board or his designee that such person is disrupting the recount procedure.