§ 28.300.010. Appeals.

A.

A person may not appeal or seek judicial review of an election or recount unless the person is qualified to vote in the municipality; has exhausted the administrative remedies before the assembly; and has commenced, within ten days after the assembly has finally declared the election results applicable to the appeal, an action in the superior court. If an action under this section is not commenced within the ten-day period, the election and election results shall be conclusive, final and valid in all respects.

B.

Upon order of the court, the municipal clerk shall furnish the record of the election or recount, including all ballots, registers and other election material and papers pertaining to the election or recount. The appeal shall be heard by the court sitting without a jury.

C.

The inquiry in the appeal of a recount shall be limited to whether or not the municipal clerk has properly determined what ballots, parts of ballots, or marks for candidates on ballots are valid, and to which candidate or division on the question or proposition the vote should be attributed.

(AO No. 2013-130(S-1), § 13, 1-14-14)