§ 1703Correction of Returns; Decision Not to Be Final; Evidence for Prosecution

(a) (1) Any petition to open a ballot box or to recanvass
the votes on a voting machine or an electronic voting system
pursuant to sections 1701 and 1702 shall be filed no later than
five (5) days after the completion of the computational
canvassing of all returns of the county by the county board.
If any error or fraud is found the court shall grant the
interested parties an additional five (5) days to file petitions
requesting additional ballot boxes to be opened or voting
machines or electronic voting systems to be recanvassed.
   (i) Except as set forth in subclause (ii):
   (A) a recount or recanvass shall include all election
districts in which ballots were cast for the office in question;
and
   (B) petitions, accompanied by the appropriate money or bond,
must be filed in each election district in accordance with this
act.
   (ii) Subclause (i) shall not apply if a petitioner under
section 1701 or 1702 pleads that a particular act of fraud or
error occurred and offers prima facie evidence supporting the
allegation.
   (2) If any petition to open a ballot box or to recanvass
the votes on a voting machine or an electronic voting system
shall have been presented, under the provisions of sections
1701 and 1702 of this act and the court shall discover therein
any fraud or error, the court shall correct, compute and certify
to the county board the votes justly, regardless of any
fraudulent or erroneous entries made by the election officers
thereof, and the county board shall correct accordingly any

entries previously made in the returns of the county being
prepared by it, or which have been prepared and not yet
certified.
   (b) No order or decision of the court under the provisions
of sections 1701 and 1702 of this act, shall be deemed a final
adjudication regarding the results of any primary or election,
so as to preclude any contest thereof under the provisions of
this article, and no such order or decision shall affect the
official returns of any election district, unless a petition
to open the ballot boxes or to recanvass the votes on a voting
machine or an electronic voting system shall have been presented
before the certification of the returns of the county by the
county board, or unless a contest shall have been instituted
in the manner provided by this article.
   (c) If upon the opening of any ballot box or recanvass of
any voting machine or electronic voting system under the
provisions of this article, it shall be found that fraud was
committed in the computation of the votes cast on the ballots
or voting machine, or in the marking of the ballots contained
therein or otherwise in connection with such ballots, the county
board shall take such steps as shall be appropriate to enable
the ballot box and contents thereof or voting machine or
electronic voting system to be available as evidence in any
prosecution which may be begun against any person or persons
alleged to be guilty of such fraud.
   (1703 amended Oct. 8, 2004, P.L.807, No.97)
             (b)   Classes of Nomination and Election
                              Contests