Any person who believes prohibited practices have occurred at an election may deliver to the municipal clerk, prior to the time for the certification, a written notice of contest signed under oath, wherein shall be stated the ground for contest and citation of all alleged prohibited practices. The notice shall be in approximately the following form:
NOTICE OF ELECTION CONTEST
The undersigned believes that the following prohibited practices occurred at the election held on __________________. The undersigned states that the following persons violated __________________ in the following manner ____________________________________________________________________
Signature of Person Contesting
SUBSCRIBED AND SWORN to before me this _____ day of __________, 20_____.
___________________________
Notary Public
The municipal clerk shall apprise the assembly of receipt of the notice before approval of certification of the returns has commenced.
(S.G.C. 2.40.470; Ord. 83-557 § 4, 1983; Ord. 14-34 § 4, 2014)
Upon receiving such duly and timely filed notice of contest, the assembly shall order an investigation to be made by the municipal attorney, municipal clerk, and municipal administrator. The contestant, the person whose election is contested, the persons accused of violations and the public shall be allowed to attend all investigation proceedings which shall be conducted publicly. If the assembly so determines, the certification of the contested position may be delayed until the next regular assembly meeting following determination of the contest.
(S.G.C. 2.40.480; Ord. 83-557 § 4, 1983)
If the contestant demands only a recount of the ballots cast at the election, the investigation (which shall be conducted in accordance with SGC § 2.80.480) shall be limited in its scope to a recount of the ballots of the precinct which allegedly made the error. The results of such recount shall be reported forthwith to the assembly. Only the races or propositions being investigated need be recounted.
(S.G.C. 2.40.490; Ord. 83-557 § 4, 1983)
A. 
The notice shall be accompanied by a deposit in an amount estimated by the municipal clerk to be sufficient to cover costs to be incurred by the investigation or recount, but not to exceed $200.00. However, if the request is for only a recount of votes for an office for which candidates received a tie vote, or the difference between the number of votes cast was five or fewer, or was less than one percent of the total number of votes cast for that position or proposition, no deposit is required. The assembly may at its own discretion order a recount of close races.
B. 
If, upon investigation or recount, the contentions of the person filing the notice are proven to be correct, the entire deposit shall be refunded.
C. 
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 if the difference between the winning and losing vote on the position or proposition contested is more than two percent after recount. If the entire deposit is not refunded, the municipal clerk shall refund any money remaining after the cost of the recount has been paid from the deposit.
(S.G.C. 2.40.500; Ord. 83-557 § 4, 1983; Ord. 14-34 § 4, 2014)
No person may appeal or seek judicial review of an election for any cause or reason unless the person is qualified to vote in the municipality, has exhausted their administrative remedies before the assembly and has commenced, within 10 days after the assembly has finally declared the election results, any action in the superior court in the judicial district in which the municipality is located. If no action is commenced within the 10-day period, the election and election results shall be conclusive, final, and valid in all respects. The period for judicial challenge shall be 30 days for those matters set out in Section 12.06 of the Municipal Charter.
(S.G.C. 2.40.510; Ord. 83-557 § 4, 1983)