§ 1702Recanvassing Voting Machines upon Petition of Electors Alleging Fraud or Error

(a) Judicial proceedings
shall be as follows:
   (1) Except as set forth in clause (2), the court of common
pleas, or a judge thereof, of the county in which any election
district is located, shall make visible the registering counters
of the voting machine or machines used in such election district
at any primary or election, and without unlocking the machine
against voting, shall recanvass the vote cast therein, if three
qualified electors of the election district shall file 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 canvassing of the votes cast
on such machine or machines. It shall not be necessary for the
petitioners to specify in their petition the particular act of
fraud or error they believe to have been committed, nor to offer
evidence to substantiate the allegations of their petition.
   (2) In cases resulting from a recount or recanvass ordered
by the Secretary of the Commonwealth under section 1404(g), all
of the following apply:
   (i) Upon petition under subclause (ii), Commonwealth Court
shall:
   (A) make visible the registering counter of the voting
machine used;
   (B) without unlocking the machine against voting, recanvass
the vote cast in the machine.
   (ii) To obtain relief under subclause (i):
   (A) Three qualified electors of the 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 in
the canvassing of the votes cast on the machine.
   (B) It is not necessary for the petitioners to specify in
their petition the particular act of fraud or error they believe
to have been committed nor to offer evidence to substantiate
the allegations of the petition.
   (a.1) Every petition for the recanvassing of votes cast in
the voting machine, or voting machines of an election district,
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) 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) dollars, conditioned upon the payment to the
county treasurer for the use of the county of the sum of fifty
($50) dollars, in the event that upon the recanvassing of the
votes cast in a voting machine or voting machines, it does not
appear that fraud or substantial error was committed in the
canvassing of the votes cast on such machine or otherwise in
connection with such voting machines.
   (b) Before the votes cast on any voting machine are
recanvassed under the provisions of this section, the court
shall direct that notice of the time and place of the proposed
recanvass be given, either personally or by registered mail,
to each candidate whose name appears on the ballot labels, and
each such candidate may be present at such recanvass, either
in person or by his attorney, or by his duly authorized
representative, under such regulations as the court may
prescribe.
   (b.1) If, upon the recanvassing of the votes in any voting
machine, it shall appear that fraud or substantial error was

committed in the computation of the votes cast on the voting
machine or otherwise in connection with such voting machine,
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) 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.
   (b.2) If, upon the recanvassing of the votes in any voting
machine under the provisions of this section, it shall not
appear that fraud or substantial error was committed in the
computation of the votes cast in the voting machine or otherwise
in connection with such voting machine, the persons upon whose
petition such voting machine was recanvassed shall forfeit to
the county the sum of fifty ($50) 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 or
otherwise in connection with such machine 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) 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) 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) dollars shall be paid over to the
county treasurer.
   (c) Voting machines may be recanvassed under the provisions
of this section at any time within twenty days after the date
of the primary or election at which they were used.
   (1702 amended Oct. 8, 2004, P.L.807, No.97)