STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Chapter 21 - Recounts

• Section 12-21-1 - Purpose of chapter--Liberal construction.
• Section 12-21-2 - Composition and appointment of county recount board--Oath to act in good faith andwith impartiality.
• Section 12-21-3 - Notice of appointment and time and place of recount--Notice to candidates.
• Section 12-21-4 - Compensation of recount referee and appointive members of board.
• Section 12-21-4.1 - Mileage allowance for recount board members.
• Section 12-21-5 - Repealed.
• Section 12-21-6 - Application of chapter.
• Section 12-21-6.1 - Code of regulations to govern recounts.
• Section 12-21-7 - Conditions under which recount made.
• Section 12-21-8 - Precinct recount on petition by voters of precinct.
• Section 12-21-9 - Extended time for filing additional precinct recount petitions.
• Section 12-21-10 - Complete recount on candidate's petition in close local election.
• Section 12-21-11 - Complete recount on candidate's petition in close election in joint legislative district.
• Section 12-21-11.1 - Notice to secretary of state of petition filed with county auditor.
• Section 12-21-12 - Candidate's petition for recount in close state or district election--Notice to countyauditors.
• Section 12-21-13 - Computation of total vote where two or more candidates elected to same office.
• Section 12-21-14 - Voters' petition for recount on question submitted to entire state--Form of petition--Notice to county auditors.
• Section 12-21-15 - Petition for recount in close presidential election--Time of filing--Notice to countyauditors.
• Section 12-21-16 - Tie vote certified by canvassing board--Automatic recount.
• Section 12-21-17 - Repealed.
• Section 12-21-18 - Chapter not applicable where runoff election required.
• Section 12-21-19 - Joint petition by defeated candidates.
• Section 12-21-20 - Notice to circuit judge of recount petition--Appointment and convening of recountboard.
• Section 12-21-20.1 - Appointment of additional recount board.
• Section 12-21-21 - Adjournment by board to another place.
• Section 12-21-22 - Adjournment to permit combining separate recounts of same ballots.
• Section 12-21-23 - Majority vote of county recount board--Quorum.
• Section 12-21-24 - Materials to be provided to recount board--Determination as to whether ballotcountable.
• Section 12-21-25 - Recount to proceed expeditiously.
• Section 12-21-26 - Candidates' right to witness recount--Witnesses to recount on submitted question.
• Section 12-21-27 - Segregation and identification of disputed ballots.
• Section 12-21-28 - Identification of ballots disputed in two or more recounts--Substitution ofmemorandum describing ballot.
• Section 12-21-29 - Opening of segregated ballot for purpose of different recount--Identification andsubstitution of memorandum if disputed--Resealing.
• Section 12-21-30 - Opening of segregated ballots involved in previous judicial proceedings--Court orderto preserve rights.
• Section 12-21-31 - Return and resealing of undisputed ballots--Certification of disputed ballots.
• Section 12-21-32 - Certification of recount result--Contents and execution--Transmittal to secretary ofstate.
• Sections 12-21-33, 12-21-34 - Sealing and certification of disputed ballots. Filing and preservation of certificates
• Section 12-21-35 - Certification of recount result to canvassing board--Recount result in lieu of officialreturns.
• Section 12-21-36 - Recanvass and corrected abstract of votes in local election.
• Section 12-21-37 - New certificate of election or nomination to local office when result changed byrecount.
• Section 12-21-38 - Repealed.
• Section 12-21-39 - Reconvening of state canvassers after recount--Recanvass and corrected abstract.
• Section 12-21-40 - New certificate of election or nomination on change of result by corrected abstractof state returns.
• Section 12-21-41 - Original certificate of nomination or election superseded by certificate issued afterrecount--Rights of holder.
• Section 12-21-42 - Original determination on submitted question superseded by determination afterrecount.
• Section 12-21-43 - Tie vote after recount determined by lot--Issuance of certificate.
• Section 12-21-44 - Second recount prohibited--Exception.
• Section 12-21-45 - Court order for second recount--Grounds--Time of filing petition.
• Section 12-21-46 - Court removal and replacement of recount board member not acting in good faith.
• Section 12-21-47 - Persons entitled to certiorari for review of recount--Time of filing of petition.
• Section 12-21-48 - Original jurisdiction of certiorari proceedings.
• Section 12-21-49 - Form and contents of petition for certiorari.
• Section 12-21-50 - Issuance of writ of certiorari--Officials to whom addressed--Contents.
• Section 12-21-51 - Service of writ of certiorari--Persons on whom served.
• Section 12-21-52 - Intervention in certiorari involving submitted question.
• Section 12-21-53 - Answer to petition for certiorari--Joint or several answer.
• Section 12-21-54 - Defenses set forth in answer to certiorari--New allegations--Petition for additionalwrit.
• Section 12-21-55 - Insufficient certification--Further certification required.
• Section 12-21-56 - Hearing on certiorari--Conference to narrow issues.
• Section 12-21-57 - Scope of review on certiorari--Correction of errors.
• Section 12-21-58 - Procedure as in other cases of certiorari.
• Section 12-21-59 - Judgment on certiorari.
• Section 12-21-60 - Right of appeal to Supreme Court from judgment on certiorari.