A. 
Any qualified voter may contest the election of any person and the approval or rejection of any question or proposition.
B. 
Any qualified voter who believes that prohibited practices occurred at an election may contest the election by:
1. 
Filing a written affidavit with the clerk specifying with particularity the provisions of the law which they believe were violated and the specific acts they believe to be misconduct;
2. 
This affidavit must be filed with the clerk before or during the first review of the ballots by the canvass committee following the election. The clerk shall acknowledge the date and time the affidavit is received on its face and make a photocopy of the affidavit which shall be given the contestant.
(Code 1989 § 71-1; Ord. 91-11 § 13; Ord. 92-07 § 5; Ord. 07-13 § 2; Ord. 18-17 § 2)
The assembly may order an investigation or a recount of the ballots or declare the election, as to one or more offices or propositions or in its entirety, invalid and order a new election; or declare the affidavit of election contest without merit and certify the results of the election.
(Code 1989 § 71-2; Ord. 07-13 § 2; Ord. 18-17 § 2)
If only a recount of ballots is demanded, the election board where the error allegedly occurred shall recount the ballots.
(Code 1989 § 71-3; Ord. 07-13 § 2; Ord. 18-17 § 2)
When the contestant alleges prohibited practices, the assembly shall direct the clerk to produce the original register books for the election.
(Code 1989 § 71-4; Ord. 07-13 § 2; Ord. 18-17 § 2)
If the charges alleged by the contestant are upheld, the canvass committee shall make a recount within 24 hours excluding any Saturday, Sunday or holiday. The recount shall proceed as rapidly as practicable, and the results thereof declared. The clerk shall promptly issue another election certification if a change in the results requires it. The assembly shall then certify the correct election returns.
(Code 1989 § 71-5; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse any result of the election, or the difference between the winning and losing vote on the result contested is more than two percent.
B. 
A person may appeal the decision of the assembly in DBC § 8.30.020 to the superior court; however, no person may appeal or seek judicial review of a municipal election for any cause or reason unless the person is qualified to vote in the borough, has exhausted their administrative remedies before the assembly and has commenced, within 10 days after the assembly has finally declared the election results, an action in the superior court. If no such action is commenced within the 10-day period, the election and election results shall be conclusive, final, and valid in all respects.
(Code 1989 § 71-6; Ord. 07-13 § 2; Ord. 18-17 § 2)