reglab/housing_qa huggingface dataset:
SD Codified L § 12-20-35 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-35 - Returns not refused for irregularity--Certificate issued to candidate with most votes.

12-20-35. Returns not refused for irregularity--Certificate issued to candidate with most votes.No election returns shall be refused by any officer for the reason that the same may be returned or delivered to him in any other than the manner directed in this chapter, nor shall he refuse to include any returns in his estimate of votes for any informality in holding an election or making returns thereof; but all returns shall be received and the votes canvassed by such officer, and a certificate given to the person or persons who may by such returns have the greatest number of votes. Source: PolC 1877, ch 27, §41; CL 1887, §1480; RPolC 1903, §1934; RC 1919, §7283; SDC 1939, §16.1711; SL 1974, ch 118, §165.
SD Codified L § 12-20-36 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-36 - Time for canvass of vote--Governing board as canvassing board--Representatives for absent board members.

12-20-36. Time for canvass of vote--Governing board as canvassing board--Representatives for absent board members.Within six calendar days after the close of any election, the officer in charge of the election, with the assistance of a majority of the governing board as the canvassing board, shall make the canvass of votes. Each member of the governing board may name and have on file with the officer in charge of the election a person to represent the member at the official canvass in the event of the member's absence for cause. Source: SDC 1939, §16.1712; SL 1964, ch 62; SL 1971, ch 86, §2; SL 1974, ch 118, §166; SL 1985, ch 110, §1A; SL 1986, ch 120; SL 1999, ch 72, §3; SL 2006, ch 28, §5.
SD Codified L § 12-20-37 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-37 - Secretary of state to provide guidance and direction in making returns.

12-20-37. Secretary of state to provide guidance and direction in making returns.The secretary of state shall provide for the guidance and direction of the county auditor in making the returns according to law. Source: SDC 1939, §16.1722; SL 1974, ch 118, §167; SL 1981, ch 126, §2; SL 2003, ch 84, §2; SL 2012, ch 81, §4.
SD Codified L § 12-20-38 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-38 - Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit.

12-20-38. Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit.The Board of Canvassers for both primary and general elections shall at the time provided by §12-20-36 proceed to open the returns from the various voting precincts in the county and make abstracts of the votes cast for each of the candidates and each of the issues. Each of the abstracts of the votes made shall be signed and certified by the canvassers, under the seal of the county auditor, and be deposited in the office of the auditor. Source: SL 1890, ch 84, §2; RPolC 1903, §1941; RC 1919, §7290; SDC 1939, §16.1712; SL 1971, ch 92, §2; SL 1974, ch 118, §168; SL 1981, ch 126, §3.
SD Codified L § 12-20-38.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-38.1 - Certified copy of official county canvass furnished to secretary of state--Permanent record.

12-20-38.1. Certified copy of official county canvass furnished to secretary of state--Permanent record.The county auditor shall immediately transmit by mail, fax, or electronic means to the secretary of state a certified copy of the official county canvass of votes prepared pursuant to §12-20-38 which shall be used for the official state canvass. The certified copy shall bear a visible county seal. If the copy is faxed or sent by electronic means, the original certified copy shall also be mailed or hand delivered to the secretary of state. The certified copies shall be microfilmed to become permanent records of the State of South Dakota and be kept by the secretary of state. Source: SDC 1939, §§16.0232, 16.1713; SDCL, §§12-6-47, 12-20-41; SL 1968, ch 143, §2; SL 1971, ch 94; SL 1974, ch 118, §169; SL 1981, ch 126, §4; SL 2003, ch 84, §3.
SD Codified L § 12-20-39 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-39 - Election by plurality.

12-20-39. Election by plurality.Except when otherwise specially provided in all elections for the choice of any officer, the person receiving the highest number of votes for any office shall be deemed to have been elected to that office. Source: PolC 1877, ch 27, §43; CL 1887, §1482; RPolC 1903, §1865; RC 1919, §7212; SDC 1939, §16.0603.
SD Codified L § 12-20-40 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-40 - Certificate of election delivered by county auditor to persons elected to local office.

12-20-40. Certificate of election delivered by county auditor to persons elected to local office.It shall be the duty of the county auditor to make out a certificate of election to each of the persons having the highest number of votes for county and precinct officers, respectively, and to deliver such certificate to the person entitled to it. Source: SL 1890, ch 84, §2; RPolC 1903, §1941; RC 1919, §7290; SDC 1939, §16.1712; SL 1973, ch 76, §3.
SD Codified L § 12-20-46 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-46 - Composition of State Canvassing Board--Candidate disqualified from participation.

12-20-46. Composition of State Canvassing Board--Candidate disqualified from participation.The Governor, or his designee, the Chief Justice of the Supreme Court, or his designee, and the secretary of state, in the presence of the attorney general shall constitute a board of canvassers to canvass the returns of the votes for representatives in Congress, United States Senators, and for electors of President and vice president of the United States and all state officers, members of the State Legislature, constitutional amendments, initiated measures, and referred laws, but no member thereof shall take part in canvassing the votes for any office for which he is a candidate. Source: SL 1890, ch 84, §§3, 6; RPolC 1903, §§1948, 1951; RC 1919, §§7295, 7298; SL 1929, ch 117, §3; SDC 1939, §§16.1716, 16.1720; SDCL, §12-20-50; SL 1973, ch 76, §5; SL 1981, ch 127.
SD Codified L § 12-20-47 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-47 - Time of convening of state canvassers--Adjournment to obtain late returns.

12-20-47. Time of convening of state canvassers--Adjournment to obtain late returns.Within seven days after the day of election, the Board of State Canvassers shall open and examine the returns from each county. However, if the returns from each county have not been received, the board may adjourn, not exceeding ten days, for the purpose of obtaining the returns from each county. The board shall proceed with the canvass after the returns have been received from each county. Source: SDC 1939, §16.1717; SL 1971; ch 86, §3; SL 1985, ch 110, §1B; SL 1999, ch 72, §4.
SD Codified L § 12-20-48 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-48 - Abstract by state canvassers of county returns--Signature and seal--Recording and filing of abstracts.

12-20-48. Abstract by state canvassers of county returns--Signature and seal--Recording and filing of abstracts.The Board of State Canvassers shall make an abstract stating the number of votes cast for each of such officers, the names of all persons voted for, for what office they respectively received the votes, and the number of votes each received, in words at length, and stating whom they declare to be elected to each office, which abstract shall be signed by the canvassers in their official capacity and as state canvassers, and have the great seal of the state affixed.The secretary of state shall record such abstracts in a book to be kept by him for recording the result of state elections, called the "election book," and also file such abstracts. Source: SL 1890, ch 84, §§8, 9; RPolC 1903, §§1950, 1952; RC 1919, §§7297, 7299; SDC 1939, §16.1718.
SD Codified L § 12-20-48.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-48.1 - National convention slates and votes--Certification.

12-20-48.1. National convention slates and votes--Certification. Upon the completion of the state canvass of the results of the primary election for delegates and alternates to the national convention, the State Canvassing Board shall certify to the state chairman of each political party the slates (groups of delegates and alternates) entered in the primary for each political party and the number of votes in the primary for each slate. Source: SL 1973, ch 73, §2; SL 1974, ch 120, §2; SL 1979, ch 98, §2; SL 2021, ch 69, § 1.
SD Codified L § 12-20-49 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-49 - Certificate of election issued for federal, state or legislative office.

12-20-49. Certificate of election issued for federal, state or legislative office.A certificate of election, signed by the Governor, attested by the secretary of state, with the great seal of the state affixed, shall be issued to each person elected to a federal or state office, or a member of the State Legislature. The secretary of state shall forward to the appropriate federal officer certified copies of the certificates as may be required. Source: SL 1890, ch 84, §§3, 10; RPolC 1903, §§1951, 1953; RC 1919, §§7298, 7300; SL 1929, ch 117, §4; SDC 1939, §§16.1719, 16.1720; SDCL, §12-20-50; SL 1973, ch 76, §4.
SD Codified L § 12-20-51 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-51 - Disputes decided by majority of state canvassers--Irregularities disregarded.

12-20-51. Disputes decided by majority of state canvassers--Irregularities disregarded.A majority of the members of the State Canvassing Board shall decide all matters of dispute, and it shall be their duty to disregard all technicalities and misspelling, the use of initial letters or abbreviations of the names of candidates, if it can be ascertained from the returns for whom the votes were intended. Source: SL 1890, ch 84, §11; RPolC 1903, §1954; RC 1919, §7301; SL 1937, ch 119, §2; SDC 1939, §16.1721.
SD Codified L § 12-20-52 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 20 - Return And Canvass Of Votes|Section 12-20-52 - Rules and regulations for counting and canvass of vote.

12-20-52. Rules and regulations for counting and canvass of vote.The State Board of Elections may, by rule, in accordance with chapter 1-26, promulgate rules and regulations to clarify the procedure by which ballots are counted and canvassed in all elections. Source: SL 1976, ch 105, §81.
SD Codified L § 12-21-1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-1 - Purpose of chapter--Liberal construction.

12-21-1. Purpose of chapter--Liberal construction.The intent of the provisions of this chapter is to procure a speedy and correct determination of the true and actual count of all ballots cast at an election, which ballots are valid on their face, and all provisions of this chapter shall be liberally construed to that end. Source: SDC 1939, §16.1801.
SD Codified L § 12-21-2 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-2 - Composition and appointment of county recount board--Oath to act in good faith and with impartiality.

12-21-2. Composition and appointment of county recount board--Oath to act in good faith and with impartiality.The county recount board of each county which conducts a recount authorized by this chapter shall consist of a recount referee and two voters of the county to be appointed by the presiding judge of the circuit court for that county, and shall provide for representation of the two political parties with the largest party registration in that county. The recount referee shall be a duly qualified member of the bar of the State of South Dakota and a member of the political party which polled the largest number of votes for Governor in the county in the last gubernatorial election. Prior to serving, each member of the recount board shall take an oath that the member will act in good faith and with impartiality. The state board of elections shall prescribe the oath to be taken. Source: SDC 1939, §16.1808; SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, §1; SL 1974, ch 118, §170; SL 1983, ch 117; SL 1989, ch 132; SL 2002, ch 77, §1; SL 2008, ch 34, §17.
SD Codified L § 12-21-3 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-3 - Notice of appointment and time and place of recount--Notice to candidates.

12-21-3. Notice of appointment and time and place of recount--Notice to candidates.The judge shall immediately give notice to the members of the recount board of their appointment to such board, and the time and the place of the recount as prescribed in §12-21-20, and, immediately after such appointment, he shall notify all candidates for public office subject to recount of the names of the recount referee and the additional members of the recount board, and the time and place of the recount. Source: SDC 1939, §16.1808 as added by SL 1959, ch 98; SL 1969, ch 82, §2; SL 1974, ch 118, §171.
SD Codified L § 12-21-4 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-4 - Compensation of recount referee and appointive members of board.

12-21-4. Compensation of recount referee and appointed members of board.The recount referee shall receive compensation in the same amount as court appointed counsel and the other two members so appointed to the recount board shall each receive compensation in the amount of twenty-five dollars per day or in an amount equal to the state minimum hourly wage, whichever is the greatest. Source: SDC 1939, §16.1808 as added by SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, §3; SL 2008, ch 66, §1.
SD Codified L § 12-21-4.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-4.1 - Mileage allowance for recount board members.

12-21-4.1. Mileage allowance for recount board members.The members of the recount board shall receive mileage for the miles traveled each day of the recount from their points of residence in an amount equal to that set by the State Board of Finance for state employees; provided however, that this provision shall not apply to the first ten miles traveled each day. Source: SDC 1939, §16.1808 as added by SL 1969, ch 82, §3; SL 1974, ch 118, §172.
SD Codified L § 12-21-6 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-6 - Application of chapter.

12-21-6. Application of chapter.Except in school and municipal elections and as provided in §12-21-18, the provisions of this chapter apply to the recount of ballots cast in any election conducted. The provisions of §§12-21-47 to 12-21-61, inclusive, apply to all elections. Source: SDC 1939, §16.1801; SL 1974, ch 118, §174; SL 1982, ch 134, §5; SL 1984, ch 55, §1; SL 2006, ch 28, §6.
SD Codified L § 12-21-6.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-6.1 - Code of regulations to govern recounts.

12-21-6.1. Code of regulations to govern recounts.The State Board of Elections may by rule, in accordance with chapter 1-26, adopt a code of regulations to govern the conduct of recounts. Source: SL 1976, ch 105, §82.
SD Codified L § 12-21-7 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-7 - Conditions under which recount made.

12-21-7. Conditions under which recount made.Such recount shall be made under any of the conditions described in §§12-21-8 to 12-21-15, inclusive. Source: SDC 1939, §16.1803.
SD Codified L § 12-21-8 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-8 - Precinct recount on petition by voters of precinct.

12-21-8. Precinct recount on petition by voters of precinct.When within ten days after an election any three registered voters of a precinct file with the officer in charge of the election a petition, duly verified by them, setting forth that they believe that the official returns from such precinct as to a specified candidate or as to a specified referred or submitted question are erroneous, the votes of such precinct as to the office or position specified or as to the question specified shall be recounted. Source: SDC 1939, §16.1803 (1); SL 1974, ch 118, §175.
SD Codified L § 12-21-9 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-9 - Extended time for filing additional precinct recount petitions.

12-21-9. Extended time for filing additional precinct recount petitions.When as to any candidate or any submitted or referred question a petition or petitions are filed under §12-21-8 as to any particular precinct or precincts within a county, similar petitions as to the same question or candidate may be filed within three days thereafter as to another precinct or precincts within the county, even though the specified period of ten days from the election expires within such three days. But such three-day extension shall only apply as from the filing of the first petition as to any such candidate or any such question. Source: SDC 1939, §16.1803 (1).
SD Codified L § 12-21-10 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-10 - Complete recount on candidate's petition in close local election.

12-21-10. Complete recount on candidate's petition in close local election.A candidate for any office, position, or nomination which is voted upon only by the voters of one county or part thereof may ask for a recount of the official returns if such candidate is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official county canvass. Any candidate for legislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official state canvass. The petition shall state that the candidate believes a recount will change the result of the election and that all of the votes cast for the office, position, or nomination should be recounted. A recount shall then be conducted. Source: SDC 1939, §16.1803 (2); SL 1982, ch 134, §4; SL 1988, ch 133; SL 1989, ch 30, §35; SL 1999, ch 72, §5.
SD Codified L § 12-21-11 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-11 - Complete recount on candidate's petition in close election in joint legislative district.

12-21-11. Complete recount on candidate's petition in close election in joint legislative district.If any legislative district comprises more than one county, any candidate for election to or nomination for the Legislature who, according to the official returns, has been defeated by a margin not exceeding two percent of the total vote cast for all candidates for such office may, within three days after completion of the official canvass of the returns, file a petition as set forth in §12-21-10 with the county auditor of each county. Each county auditor shall then conduct a recount.Notwithstanding §12-21-20, if the recount is for a legislative district comprising more than one county and the candidate expresses to the county auditor in writing to be present at each county's recount, the board shall convene at the time and date determined by mutual agreement between the county auditor and candidate. All such recounts shall be completed within fourteen days following the filing of the petition. Source: SDC 1939, §16.1803 (3); SL 1999, ch 72, §6; SL 2017, ch 70, §1.
SD Codified L § 12-21-11.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-11.1 - Notice to secretary of state of petition filed with county auditor.

12-21-11.1. Notice to secretary of state of petition filed with county auditor.Whenever a petition for recount is filed with the county auditor for an election which has been canvassed by the State Board of Canvassers, the county auditor shall notify the secretary of state of the petition for recount. Source: SL 1981, ch 128.
SD Codified L § 12-21-12 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-12 - Candidate's petition for recount in close state or district election--Notice to county auditors.

12-21-12. Candidate's petition for recount in close state or district election--Notice to county auditors.If any candidate for an office, position, or nomination other than the Legislature is voted upon in more than one county, and has been defeated according to the official returns by a margin which does not exceed one-fourth of one percent of the total vote cast for all candidates for such office, position, or nomination, the candidate may within three days after completion of the official canvass by the State Board of Canvassers file a petition with the secretary of state setting forth that the candidate believes a recount will change the result and that all of the votes cast for the office, position, or nomination should be recounted. The secretary of state shall, by registered or certified mail, notify each county auditor that has precincts included in the petition. Each county auditor shall then conduct a recount. Source: SDC 1939, §16.1803 (4); SL 1999, ch 72, §7.
SD Codified L § 12-21-13 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-13 - Computation of total vote where two or more candidates elected to same office.

12-21-13. Computation of total vote where two or more candidates elected to same office.When in any election a voter may vote for two or more candidates for the same office, such as members of the Legislature, the total vote cast for all candidates for such office shall for the purposes of §§12-21-10 to 12-21-12, inclusive, be deemed to be two times the average number of votes cast for the candidates officially declared nominated or elected as shown by the official returns. Source: SDC 1939, §16.1805.