Alaska Statutes
Alaska Stat. § 15.20.510 (2026)
Provision for appeal to courts
✓ current as of July 2026
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Sec. 15.20.510. Provision for appeal to courts.
A candidate or any person who requested a recount who has reason to believe an error has been made in the recount (1) involving any question or proposition or the validity of any ballot may appeal to the superior court in accordance with applicable court rules governing appeals in civil matters, and (2) involving candidates for the legislature or Congress or the office of governor and lieutenant governor may appeal to the supreme court in accordance with rules as may be adopted by the court. Appeal shall be filed within five days of the completion of the recount. Upon order of the court, the director shall furnish the record of the recount taken, 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. The inquiry in the appeal shall extend to the questions whether or not the director 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. The court shall enter judgment either setting aside, modifying, or affirming the action of the director on recount.
A candidate or any person who requested a recount who has reason to believe an error has been made in the recount (1) involving any question or proposition or the validity of any ballot may appeal to the superior court in accordance with applicable court rules governing appeals in civil matters, and (2) involving candidates for the legislature or Congress or the office of governor and lieutenant governor may appeal to the supreme court in accordance with rules as may be adopted by the court. Appeal shall be filed within five days of the completion of the recount. Upon order of the court, the director shall furnish the record of the recount taken, 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. The inquiry in the appeal shall extend to the questions whether or not the director 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. The court shall enter judgment either setting aside, modifying, or affirming the action of the director on recount.
Notes of Decisions
Cited in 9
cases, 1978–2019 · leading case: Fischer v. Stout, 741 P.2d 217 (Alaska 1987).
Fischer v. Stout, 741 P.2d 217 (Alaska 1987). “This is an election recount appeal filed pursuant to AS 15.20.510. 1 The principle issue is whether certain votes or classes of votes were properly counted or rejected in the November 1986 election for the state senate in Senate District H.”
Nageak v. Mallott, 426 P.3d 930 (Alaska 2018). “He also filed a direct appeal of the recount in this court pursuant to AS 15.20.510. We stayed the direct appeal and, after a trial, the superior court granted relief on the election contest.”
Willis v. Thomas, 600 P.2d 1079 (Alaska 1979). “Willis subsequently filed this appeal pursuant to AS 15.20.510. 2 *1081 Superior Court Judge J.”
Cissna v. Stout, 931 P.2d 363 (Alaska 1996). “The Scope of a Recount Appeal Election results may be considered by a court pursuant to the recount appeal provision, AS 15.20.510, and the election contest provision, AS 15.”
Miller v. Treadwell, 245 P.3d 867 (Alaska 2010). “" 37 By contrast, AS 15.20.510 provides for a recount appeal directly to our court to challenge the Director's decisions to count or not count votes during a recount of an election for, among other offices, the United States Senate.”
Carr v. Thomas, 586 P.2d 622 (Alaska 1978). “3 An appeal to this court from the decision of the Lieutenant Governor is authorized by AS 15.20.510. 4 The petition has been filed in accordance with Alaska Appellate Rule 25, which specifies in part: (a) Original Applications for Relief.”
Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989). “INTRODUCTION This is an election recount appeal brought pursuant to AS 15.20.510(2). This court referred the appeal to the Honorable Joan M.”
Edgmon v. State, Off. of Lieutenant Governor, Div. of Elections, 152 P.3d 1154 (Alaska 2007). “12 Contrary to Moses's argument that judicial review of ballots would open a "Pandora's Box," AS 15.20.510 specifically envisions such a review in a recount appeal, providing that "[the inquiry in the appeal shall extend to the questions whether or not the director has properly…”
Dodge v. Meyer, 444 P.3d 159 (Alaska 2019). “Dodge filed this recount appeal pursuant to AS 15.20.510. On January 4, 2019, we issued an order affirming the recount decision and indicated that this opinion would follow.”
— Alaska Stat. § 15.20.510(2) — 3 cases
Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989). “INTRODUCTION This is an election recount appeal brought pursuant to AS 15.20.510(2). This court referred the appeal to the Honorable Joan M.”
Nageak v. Mallott, 426 P.3d 930 (Alaska 2018). “He also filed a direct appeal of the recount in this court pursuant to AS 15.20.510. We stayed the direct appeal and, after a trial, the superior court granted relief on the election contest.”
Cissna v. Stout, 931 P.2d 363 (Alaska 1996). “The Scope of a Recount Appeal Election results may be considered by a court pursuant to the recount appeal provision, AS 15.20.510, and the election contest provision, AS 15.”
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