How to Appeal County Board of Elections Negligent Error ?
In In re Recount of Ballots Cast in General Election on November 6, 1973, 457 Pa. 279, 325 A.2d 303 (1974), the Supreme Court summarized the of In re Kock Election Contest Case, 351 Pa. 544, 41 A.2d 657 (1945) case as follows:
The posted return had shown that the candidate who received the majority of the votes cast had been duly elected.
Thereafter, the County Board of Elections negligently computed the returns and returned a majority of the votes for the opposing candidate and although recognizing their error failed to correct it.
There it was clear that the Board had lulled Koch into a false sense of security and this Court properly observed:
'. . . the only appropriate remedy by which the negligence of the election board could be corrected was by an appeal Nunc Pro Tunc for a recount under Section 1407, 25 P.S. section 3157.' Koch, supra at 550, 41 A.2d at 660.