§ 1407Appeals to Court from Decisions of the County Board

(a) Any person aggrieved by any order or decision of any
county board regarding the computation or canvassing of the
returns of any primary or election, or regarding any recount
or recanvass thereof under sections 1701, 1702 and 1703 of this
act, may appeal therefrom within two days after such order or

decision shall have been made, whether then reduced to writing
or not, to the court specified in this subsection, setting forth
why he feels that an injustice has been done, and praying for
such order as will give him relief. If a recount or recanvass
is made under section 1404(g), the appeal must be made to
Commonwealth Court. Unless a recount or recanvass is made under
section 1404(g), the appeal must be made to the court of common
pleas of the proper county. Upon the payment to the prothonotary
of a fee for filing such appeal, a judge of the court shall fix
a time and place for hearing the matter in dispute within three
days thereafter, of which due notice shall be served, with a
copy of such appeal, by the appellant upon a member of the
county board whose action is complained of and upon every
attorney, watcher or candidate who opposed the contention of
the appellant before the county board, and upon any other person
that the judge shall direct, at least two days before the matter
shall be reviewed by the court. Proof of such notice or the
waiver thereof must be filed therein before any appeal is
sustained.
   (b) The court on an appeal shall have full power and
authority to hear and determine all matters pertaining to any
fraud or error committed in any election district to which such
appeal relates, and to make such decree as right and justice
may require. Pending such appeal, the county board shall suspend
any official certification of the votes cast in such election
district. None of the orders or decisions of either the county
board or the court of common pleas on appeal shall be deemed a
final adjudication regarding the results of any primary or
election, so as to preclude any contest thereof. No appeal shall
be allowed or granted from any order or decree of the court of
common pleas made in pursuance of this section. The court of
common pleas, upon any appeal under this section, may compel
the appellant or any opposing party, other than the county
board, to pay all the witness fees, if any, or other legal costs
of the hearing, which costs may be taxed by the prothonotary
in the usual manner.
   (1407 amended Oct. 8, 2004, P.L.807, No.97)