A. No person may appeal or seek judicial review of an election for any cause without having first exhausted the administrative remedies provided in this chapter.

B. Recount Appeal. A defeated candidate or any person who requested a recount under this chapter and who is aggrieved by the result of a recount or decision to deny a recount may appeal to the Superior Court for the State of Alaska, Fourth Judicial District at Bethel in accordance with applicable court rules governing appeals in civil matters. The recount appeal shall be filed within five (5) calendar days of completion of the recount or the decision to deny a recount. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the recount. The appeal shall be heard by the court sitting without a jury. The inquiry and the appeal shall extend to the questions whether or not the 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 proposition or question the vote should be attributed. The court shall enter judgment either setting aside, modifying, or affirming the results of the recount or decision to deny a recount. If an action under this subsection is not commenced within the five- (5-) day period, the election and the election result shall be conclusive, final and valid in all respects.

C. Appeal of Election Contest. A defeated candidate or person who filed an election contest under this chapter and who is aggrieved by the result of an election contest or a decision to deny an election contest may appeal to the Superior Court for the State of Alaska, Fourth Judicial District at Bethel in accordance with applicable court rules governing appeals in civil matters. The appeal shall be filed within ten (10) calendar days after certification of the election results. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the election contest. The appeal shall be heard by the court sitting without a jury. If an action under this subsection is not commenced within the ten- (10-) day period, the election and the election results shall be conclusive, final, and valid in all respects. [Ord. 11-13 § 2.]