EDRIElection Dispute Resolution Index
How robust are mechanisms to resolve election disputes?
Dimensions
Contest
40.0% · 2/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| CONT.EDRI.1Standing enumeratedAre the parties with standing to contest an election (candidate, party, qualified voters of the precinct, AG, etc.) enumerated in statute? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 1803-A (Omissions) was repealed/expired; surfaced section contains no current standing rule for election contests. | § view source 2026-05-12 |
| CONT.EDRI.2Venue & jurisdictionIs the court of original jurisdiction for election contests specified by statute? | 1/1100.0% | § 1751 codifies that fifth-class election contests are tried by the court of common pleas of the county in which the contested election was held — clear venue. “court of common pleas of the county in which such contested election was held” | § view source 2026-05-12 |
| CONT.EDRI.3Filing deadlineIs the deadline for filing an election contest (days after certification, or after a defined event) specified by statute? | 1/1100.0% | § 1703(a)(1) codifies that 'Any petition to open a ballot box or to recanvass the votes... 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'. Filing deadline codified for ballot-box-opening/recanvass petitions under §§ 1701-1702. “shall be filed no later than five (5) days after the completion of the computational” | § view source 2026-05-12 |
| CONT.EDRI.4Standard of proof & evidenceAre the standard of proof and admissibility rules for election-contest evidence codified in statute? | 0/20.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 1703 codifies recount/recanvass procedure and the court's duty to correct/certify votes 'justly, regardless of any fraudulent or erroneous entries'; does not codify a specific standard of proof or admissibility rules for contest evidence. | § view source 2026-05-12 |
Recount
62.5% · 3/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| RECT.1Statutory recount procedureAre recount procedures (who counts, how, with what evidence) defined in statute, not regulation or administrative directive? | 1/1100.0% | § 1404 codifies the canvass/computation procedure: county board commences at 9 a.m. on the third day after election, publicly canvasses with notice; codifies who counts (county board, organized into sections) and what evidence (returns from each district) is reviewed. “at nine o'clock A. M. on the third day following the primary or election” | § view source 2026-05-12 |
| RECT.2Recount triggers enumeratedAre the triggers for an automatic or petition-based recount enumerated in statute (margin thresholds, sworn challenge, etc.)? | 0/10.0% | No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute. | no FTS match 2026-05-12 |
| RECT.3Recount cost allocationIs the cost of a petition-based recount allocated by statute (who pays under what outcome)? | 0.5/150.0% | § 1701 codifies the ballot-box-opening petition by 3 electors with deposit/bond requirement: 'all of the following apply: (i) Three (3) qualified electors of a county must file a verified petition... [with] appropriate money or bond'. Partial cost allocation through bond mechanism — petitioners post bond, presumably forfeited on adverse outcome. | § view source 2026-05-12 |
| RECT.4Recount-finding effectAre the legal effects of a recount finding (binding, advisory, mandatory amendment) codified in statute? | 1/1100.0% | § 1703(a)(2) codifies the recount-finding effect: 'the court shall correct, compute and certify to the county board the votes justly, regardless of any fraudulent or erroneous entries... and the county board shall correct accordingly any entries previously made in the returns'. Mandatory amendment by court order. “the court shall correct, compute and certify” | § view source 2026-05-12 |
Timing
75.0% · 2/2| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| TIME.1Certification deadline in statuteIs the certification deadline (when the result becomes 'official') set by statute, not by administrative discretion? | 0.5/150.0% | § 539 codifies a 30-day post-election reporting deadline from the county BOE to the bureau — partial certification timing (specific to the report to the Department's bureau). The full certification framework requires § 1404 (canvass start) and § 1407 (appeals) for the timeline. “within thirty (30) days after a primary, municipal, special or general election” | § view source 2026-05-12 |
| TIME.2Pre-certification stayDoes statute provide a mechanism to stay certification while a recount or contest is pending? | 1/1100.0% | § 1407(b) codifies a clear pre-certification stay: 'Pending such appeal, the county board shall suspend any official certification of the votes cast in such election district.' “ppeal, the county board shall suspend any official certification” | § view source 2026-05-12 |