§ 1701Opening Ballot Boxes upon Petition of Electors Alleging Fraud or Error; Deposit or Bond

(a) Except as set
forth in subsection (a.1), the court of common pleas, or a judge
thereof, of the county in which any election district is located
in which ballots were used, shall open the ballot box of such
election district used at any general, municipal, special or
primary election held therein, and cause the entire vote thereof
to be correctly counted by persons designated by such court or
judge, if three qualified electors of the election district
shall file, as hereinafter provided, a petition duly verified
by them, alleging that upon information which they consider
reliable they believe that fraud or error, although not manifest
on the general return of votes made therefrom, was committed
in the computation of the votes cast for all offices or for any
particular office or offices in such election district, or in
the marking of the ballots, or otherwise in connection with
such ballots. It shall not be necessary for the petitioners to
specify in their petition the particular act of fraud or error
which they believe to have been committed, nor to offer evidence
to substantiate the allegations of their petition.
   (a.1) In cases resulting from a recount or recanvass order
by the Secretary of the Commonwealth under section 1404(g), all
of the following apply:
   (1) Upon petition under clause (2), Commonwealth Court
shall:
   (i) open the ballot box of each election district in which
ballots were used at a general, municipal, special or primary
election; and
   (ii) cause the entire vote of the election district to be
correctly counted by persons designated by the court.
   (2) To obtain relief under clause (1):
   (i) Three (3) qualified electors of a county must file a
verified petition alleging that, upon information which they
consider reliable, they believe that fraud or error, although
not manifest on the general return of votes, was committed:
   (A) in the computation of votes cast;
   (B) in the marking of the ballots; or
   (C)   otherwise in connection with the ballots.

   (ii) It is not necessary for the petitioners to specify in
their petition the particular act of fraud or error which they
believe to have been committed nor to offer evidence to
substantiate the allegations of their petition.
   (b) Every petition for the opening of a ballot box under
the provisions of this section shall be filed in the office of
the prothonotary of the proper county, accompanied by a deposit
of cash in the amount of fifty ($50.00) dollars, or by a bond
signed by the petitioners as principals and by a corporate
surety to be approved by the court, in the amount of one hundred
($100.00) dollars, conditioned upon the payment to the county
treasurer for the use of the county of the sum of fifty ($50.00)
dollars, in the event that, upon the opening of the ballot box,
it shall not appear that fraud or substantial error was
committed in the computation of the votes cast on the ballots
contained therein, or fraud in the marking of the ballots
contained therein, or otherwise in connection with such ballots.
   (c) Before any ballot box is opened under the provisions
of this section, the court shall direct that notice of time and
place of proposed recount be given, either personally or by
registered mail, to each candidate for the office or offices
which are to be recounted by the order of the court, and each
such candidate may be present at such recount, either in person
or by his attorney or by his duly authorized representative,
under such regulations as the court may prescribe.
   (d) If, upon opening any such ballot box, it shall appear
that fraud or substantial error was committed in the computation
of the votes cast on the ballots contained therein, or fraud
in the marking of the ballots contained therein, or otherwise
in connection with such ballots, it shall be the duty of the
court to certify such fact to the prothonotary and thereupon
the prothonotary shall return to the petitioners the said sum
of fifty ($50.00) dollars, or if the petitioners shall have
filed a bond in lieu of cash, to mark said bond cancelled and
notify the petitioners that he has done so.
   (e) If, upon opening any ballot box under the provisions
of this section, it shall not appear that fraud or substantial
error was committed in the computation of the votes cast on the
ballots contained therein, or fraud in the marking of the
ballots contained therein, or otherwise in connection with such
ballots, the persons upon whose petition such ballot box shall
have been opened shall forfeit to the county the sum of fifty
($50.00) dollars. If said petitioners shall have deposited the
said sum in cash with the prothonotary at the time of filing
the petition, the prothonotary, upon certification of the court
that fraud or substantial error was not discovered, shall pay
said sum deposited with him to the county treasurer; and if the
petitioners shall have filed with their petition a bond in the
sum of one hundred ($100.00) dollars, it shall be the duty of
the county treasurer forthwith to collect from the principals
or surety on said bond, the sum of fifty ($50.00) dollars, and
costs of suit, and for this purpose, he is hereby authorized
to institute any necessary legal proceedings. When so collected,
the said sum of fifty ($50.00) dollars shall be paid over to
the county treasurer.
   (f) Ballot boxes may be opened under the provisions of this
section at any time within four months after the date of the
general, municipal, special or primary election at which the
ballots therein shall have been cast.
   (1701 amended Oct. 8, 2004, P.L.807, No.97)