(a) If the Election Commissioner decides not to approve the petition and grant the recount, he shall record the reasons for such decision. The aggrieved candidate may, within five days after receipt of the decision of the Election Commissioner, appeal his case to the State Court. The State Court shall review the appeal promptly and render a decision. If the decision is in favor of the recount, the Election Commissioner shall be so notified and shall proceed as provided in sections 1004 and 1005 of this chapter.
(b) Appeals may be made in the manner prescribed in subsection (a) of this section from any decision of the Election Commissioner concerning a ruling of an election board with respect to a challenge affecting the acceptability of a vote or votes. A petition hereunder for appeal shall contain the information specified in section 1001 of this chapter for a petition for recount. A decision of the State Court in favor of the petitioner may have the effect of disallowing the challenged votes but shall not halt or delay balloting or counting and tabulating.
Source: YSL 2-81 §1, modified.
Regardless of whether a petition for
recount is first filed with a board of election or with the Election
Commissioner, if the Election Commissioner determines that there is a
substantial question of fraud or error and that there is a substantial
possibility that the outcome of the election would be affected by a
recount, he shall cause notice of the recount to be given in a manner
decided by him.
Source: YSL 2-81 §1, modified.
The recount shall be held by the
counting and tabulating committee within ten days after the decision of
the Election Commissioner and shall be public. The counting and
tabulating committee shall make certificates of such determination under
oath showing the result of the election and what persons were declared
elected to fill office, one of which shall be filed with the Election
Commissioner, one with each board of election concerned, and one with the
person filing the petition for recount.
Source: YSL 2-81 §1, modified.