reglab/housing_qa huggingface dataset:
SD Codified L § 12-21-14 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-14 - Voters' petition for recount on question submitted to entire state--Form of petition--Notice to county auditors.

12-21-14. Voters' petition for recount on question submitted to entire state--Form of petition--Notice to county auditors.Whenever any referred or submitted question is voted upon throughout the state and is determined according to the official canvass by a margin of not exceeding one-fourth of one percent of the total vote cast for and against on such question, there may be filed with the secretary of state within ten days after the completion of the official canvass by the State Board of Canvassers a petition signed by not less than one thousand registered voters of the state, and representing at least five counties of the state, setting forth that petitioners believe a recount will change the result and praying that such recount shall be had in all the precincts involved. Such petition may consist of different petitions bound together and signed and verified substantially as provided by law with regard to petitions to invoke the referendum. Upon the filing of such petition, the secretary of state shall forthwith by registered or certified mail notify each county auditor whose county voted upon the question and such recount shall then be conducted in all of the precincts in each of such counties. Source: SDC 1939, §16.1803 (5); SL 1974, ch 118, §176.
SD Codified L § 12-21-15 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-15 - Petition for recount in close presidential election--Time of filing--Notice to county auditors.

12-21-15. Petition for recount in close presidential election--Time of filing--Notice to county auditors.Whenever according to the official returns as publicly announced and compiled, although not yet officially canvassed, it fairly appears that one group of candidates for presidential electors has been elected over another group of such candidates by a margin not exceeding one-fourth of one percent of the total of votes cast for both such groups, the chairman of the state central committee of the political party which nominated either of such groups, or any two or more candidates of either such group, may file with the secretary of state at any time after the election and prior to the canvass by the State Board of Canvassers, a petition setting forth that in the opinion of the petitioner or petitioners all votes cast for presidential electors should be recounted. Upon the filing of such petition, the secretary of state shall forthwith by registered or certified mail notify each county auditor in the state thereof, and such recount shall then be conducted in all of the precincts in all of such counties. Source: SDC 1939, §16.1803 (6).
SD Codified L § 12-21-16 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-16 - Tie vote certified by canvassing board--Automatic recount.

12-21-16. Tie vote certified by canvassing board--Automatic recount.Whenever by reason of a tie vote found to exist upon the canvass of the original official returns, it is impossible to declare who has been elected or nominated to an office or position, it shall thereupon be the duty of the official board making such canvass to certify said vote to the county auditor where the election involved is confined to or within the limits of a county, and to the secretary of state as to all other elections. Thereupon such county auditor or such secretary of state, as the case may be, shall proceed exactly as if a petition had been duly filed under §§12-21-7 to 12-21-15, inclusive, requiring a recount to be made of all votes involved, and such recount shall proceed accordingly. This section shall not apply to school and township elections. Source: SDC 1939, §16.1804.
SD Codified L § 12-21-18 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-18 - Chapter not applicable where runoff election required.

12-21-18. Chapter not applicable where runoff election required.The provisions of this chapter shall not apply to any election which must be followed by a second or runoff election by reason of no majority choice, according to the official returns. Source: SDC 1939, §16.1802 (2).
SD Codified L § 12-21-19 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-19 - Joint petition by defeated candidates.

12-21-19. Joint petition by defeated candidates.In any case where a voter may vote for two or more persons for the same office, nomination, or position, such as members of the Legislature, delegates to a convention, or presidential electors, and more than one defeated candidate desires such recount, such candidates may at their option file joint instead of individual petitions under this chapter. Source: SDC 1939, §16.1807.
SD Codified L § 12-21-20 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-20 - Notice to circuit judge of recount petition--Appointment and convening of recount board.

12-21-20. Notice to circuit judge of recount petition--Appointment and convening of recount board.The county auditor, immediately on the due filing of any petition for a recount or upon receipt from the secretary of state of notice of such filing with the secretary of state, shall notify in writing, with the seal of the auditor's office, the presiding judge of the circuit court for the auditor's county. The presiding judge shall appoint a board, pursuant to §12-21-2, for each county in the circuit in which a recount is to be conducted. The presiding judge may appoint the board anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. The board shall then convene in the office of the county auditor on the second Monday at nine a.m. following the filing of the petition. However, if the second Monday is a legal holiday, the board shall convene at nine a.m. of the day following. The county auditor shall provide the recount board with laws, rules, and forms to use in conducting the recount. The board shall then proceed with the recount. Source: SDC 1939, §16.1809; SL 1967, ch 75; SL 1968, ch 143, §8; SL 1974, ch 118, §177; SL 1983, ch 118; SL 1989, ch 133; SL 2000, ch 73, §3; SL 2002, ch 77, §2.
SD Codified L § 12-21-20.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-20.1 - Appointment of additional recount board.

12-21-20.1. Appointment of additional recount board.If the presiding circuit court judge in consultation with the county auditor determines that a single recount board in a county is unlikely to complete the recount in five working days, the presiding judge may appoint more than one recount board for that county. The presiding judge shall determine which precincts each recount board shall be appointed to recount. Source: SL 2003, ch 85, §1.
SD Codified L § 12-21-21 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-21 - Adjournment by board to another place.

12-21-21. Adjournment by board to another place.Any county recount board, after convening at the time and place provided by this chapter, may adjourn its proceedings to any other more convenient public place at the county seat. Source: SDC 1939, §16.1832; SL 1974, ch 118, §178; SL 2002, ch 77, §3.
SD Codified L § 12-21-22 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-22 - Adjournment to permit combining separate recounts of same ballots.

12-21-22. Adjournment to permit combining separate recounts of same ballots.Whenever a county recount board is required to make two or more different recounts of the same ballots, such board may, by written order, filed as a public record in the office of the county auditor, adjourn any recount, other than a recount of votes for presidential electors, so that all such recounts may be at the same time. Source: SDC 1939, §16.1833.
SD Codified L § 12-21-23 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-23 - Majority vote of county recount board--Quorum.

12-21-23. Majority vote of county recount board--Quorum.All questions arising on such recount shall be determined by majority vote of such board, and at least two members of such board shall be present at all times. When only two members are present, the presence of the third member may be required for the purpose of determining any disputed question on which the two members present are unable to agree. Source: SDC 1939, §16.1810.
SD Codified L § 12-21-24 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-24 - Materials to be provided to recount board--Determination as to whether ballot countable.

12-21-24. Materials to be provided to recount board--Determination as to whether ballot countable.The county auditor shall provide the pollbooks, automatic tabulating system election night print outs, sealed ballot boxes, any provisional ballots which were determined countable pursuant to §12-20-13.2, any uncounted provisional ballots, and any unopened absentee ballot envelopes to the recount board. The recount board is authorized to make a determination whether any provisional ballots or absentee ballots which were determined not to be countable, shall be counted, and those votes shall be added to the recount tally. Source: SDC 1939, §16.1810; SL 2010, ch 74, §22.
SD Codified L § 12-21-25 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-25 - Recount to proceed expeditiously.

12-21-25. Recount to proceed expeditiously.The recount shall proceed as expeditiously as reasonably possible until completed. Source: SDC 1939, §16.1810.
SD Codified L § 12-21-26 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-26 - Candidates' right to witness recount--Witnesses to recount on submitted question.

12-21-26. Candidates' right to witness recount--Witnesses to recount on submitted question.Each candidate for any office, nomination, or position involved in any such recount may appear, personally or by a representative, and shall have full opportunity to witness the opening of all ballot boxes and the count of all ballots. If the recount is upon a referred or submitted question, any registered voter of the state favoring either side as to such question may be present and represent such side, and if more than one person favoring such side is present, they shall designate one of their number to represent such side, who shall have full opportunity to witness the opening of all ballot boxes and the recount of all ballots. Source: SDC 1939, §16.1810; SL 1974, ch 118, §179.
SD Codified L § 12-21-27 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-27 - Segregation and identification of disputed ballots.

12-21-27. Segregation and identification of disputed ballots.If any such candidate or any such representative, protests the ruling of such board as to any ballot, such ballot shall be adequately identified by the board as an exhibit and segregated by the board as a disputed ballot. Source: SDC 1939, §16.1810; SL 1974, ch 118, §180.
SD Codified L § 12-21-28 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-28 - Identification of ballots disputed in two or more recounts--Substitution of memorandum describing ballot.

12-21-28. Identification of ballots disputed in two or more recounts--Substitution of memorandum describing ballot.When upon consolidated recounts as described by §12-21-22 it becomes necessary, under the provisions of this chapter, to identify and segregate the same ballot as disputed in two or more such recounts, such board shall determine and designate the recount as to which such ballot shall be segregated and sealed, but shall also identify it as an exhibit as to each of the other recounts, and in the sealed envelope in which disputed ballots are segregated in each of the other recounts, shall substitute in lieu of such ballot a memorandum briefly describing such ballot as to the question which is raised with reference thereto, how it has been identified as an exhibit, and the identification of the envelope in which it is sealed. Source: SDC 1939, §16.1833.
SD Codified L § 12-21-29 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-29 - Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing.

12-21-29. Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing.When in any recount, ballots have, in a previous recount, been identified and sealed as disputed but are still in the custody of the county auditor, the circuit court for the county shall, upon application to the county auditor, order the opening of such sealed envelopes solely for the purposes of the recount, and such envelopes may then be opened by such board in the presence of all persons entitled to appear at such recount and the ballots in such envelopes recounted. If it becomes necessary to identify any such ballot as disputed, it shall be marked as an exhibit, and in the sealed envelope in which disputed ballots are segregated in the pending recount, such board shall substitute in lieu of such ballot a memorandum briefly describing such ballot as to the question that is raised with reference thereto, how it has been identified as an exhibit and the identification of the envelope in which it was sealed in the previous recount. After such ballots have been recounted, they shall be resealed in the same identical envelope from which they were taken. Source: SDC 1939, §16.1833.
SD Codified L § 12-21-30 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-30 - Opening of segregated ballots involved in previous judicial proceedings--Court order to preserve rights.

12-21-30. Opening of segregated ballots involved in previous judicial proceedings--Court order to preserve rights.When any such sealed ballots have been certified to any court in judicial proceedings, the court which has custody thereof shall, on application of such board or any person interested in a pending recount, make such order as may be necessary to permit a recount of such ballots, and to preserve the rights of all persons interested with regard to all questions and to safeguard the rights of the parties in the pending proceeding. Source: SDC 1939, §16.1833; SL 1974, ch 118, §181.
SD Codified L § 12-21-31 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-31 - Return and resealing of undisputed ballots--Certification of disputed ballots.

12-21-31. Return and resealing of undisputed ballots--Certification of disputed ballots.At the conclusion of the recount of each precinct the undisputed ballots shall be returned to the ballot box and resealed, and the disputed ballots, if any, shall be certified pursuant to §12-21-33. Source: SDC 1939, §16.1810; SL 1974, ch 118, §182.
SD Codified L § 12-21-32 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-32 - Certification of recount result--Contents and execution--Transmittal to secretary of state.

12-21-32. Certification of recount result--Contents and execution--Transmittal to secretary of state.Upon the conclusion of the recount of all ballots to be recounted the county recount board shall certify the result. The certificate shall be signed by at least two members of the board, attested under seal by the county auditor. The certificate shall set forth in substance the proceedings of the board and appearances of any candidates or representatives, shall adequately designate each precinct recounted, the vote of each precinct according to the official canvass previously made as to the office, nomination, position, or question involved, and the correct vote of such precinct as to the office, nomination, position, or question as determined by the board through the recount. The certificate shall be made in duplicate, and either the original or duplicate original shall be transmitted to the secretary of state by mail in any recount affecting a certificate to be issued by the secretary of state. Source: SDC 1939, §16.1811; SL 1974, ch 118, §183; SL 2008, ch 34, §18.
SD Codified L § 12-21-33 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-33 - Sealing and certification of disputed ballots.

12-21-33. Sealing and certification of disputed ballots.Disputed ballots shall be securely sealed in a separate envelope for each precinct. The county recount board shall also make a separate and distinct certificate, signed by at least two members of such board and attested by the county auditor under seal, setting forth the number of such disputed ballots as to each precinct, and adequately identifying the envelope in which the same are sealed. Source: SDC 1939, §16.1812; SL 1974, ch 118, §184.
SD Codified L § 12-21-34 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-34 - Filing and preservation of certificates.

12-21-34. Filing and preservation of certificates.The certificate as to the result of the recount and the certificate as to disputed ballots shall be filed and preserved by the county auditor as public records. Source: SDC 1939, §§16.1812, 16.1813; SDCL, §12-21-33; SL 1974, ch 118, §185; SL 2002, ch 77, §4.
SD Codified L § 12-21-35 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-35 - Certification of recount result to canvassing board--Recount result in lieu of official returns.

12-21-35. Certification of recount result to canvassing board--Recount result in lieu of official returns.Whenever a recount is completed by the county recount board prior to the official canvass of the vote as to the office, position, nomination, or question, involved in such recount, the county recount board shall forthwith upon such completion, certify the result directly to the official, board, or tribunal making such canvass, and the result determined on such recount shall be included in the official canvass in lieu of the result as determined by the official returns as to all precincts involved in the recount. Source: SDC 1939, §16.1831.
SD Codified L § 12-21-36 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-36 - Recanvass and corrected abstract of votes in local election.

12-21-36. Recanvass and corrected abstract of votes in local election.In the case of a recount as to any local election, it shall be the duty of the county recount board forthwith to recanvass the official returns as corrected by the certificate showing the result of the recount, and to make a new and corrected abstract of the votes cast as to such office, nomination, position, or question, which corrected abstract shall be signed by at least two members of said board and filed as a public record in the office of the county auditor and a certified copy of the certificate shall be transmitted to the officer in charge of that election. Source: SDC 1939, §16.1815; SL 1974, ch 118, §186.
SD Codified L § 12-21-37 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-37 - New certificate of election or nomination to local office when result changed by recount.

12-21-37. New certificate of election or nomination to local office when result changed by recount.If such corrected abstract by the county recount board shows no change in the result as previously found on the official returns, no further action shall be taken. But if there is a change in such result, a new certificate of election or nomination shall be issued to each candidate found to have been elected or nominated as the case may be, which certificate shall be signed by at least two members of such board, and shall set forth the nomination or election of such person as to such office or position. Source: SDC 1939, §16.1815; SL 1974, ch 118, §187.
SD Codified L § 12-21-39 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-39 - Reconvening of state canvassers after recount--Recanvass and corrected abstract.

12-21-39. Reconvening of state canvassers after recount--Recanvass and corrected abstract.The secretary of state shall file all certificates involved in the recount as to any office, nomination, position, or question that have been received from the county recount boards. The secretary of state shall fix a time and place as early as reasonably possible for reconvening the State Board of Canvassers and shall notify the members of the State Board of Canvassers. The State Board of Canvassers shall reconvene at the time and place so designated and recanvass the official returns as to the office, nomination, or position, as corrected by the certificates. The State Board of Canvassers shall make a new and corrected abstract of the votes cast and declare the person elected or nominated as the case may be or the determination of any question. The corrected abstract shall be signed by the members of the State Board of Canvassers in their official capacities and shall have the great seal of the state affixed. The corrected abstract shall be filed by the secretary of state. Source: SDC 1939, §16.1814; SL 2002, ch 77, §5.
SD Codified L § 12-21-40 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-40 - New certificate of election or nomination on change of result by corrected abstract of state returns.

12-21-40. New certificate of election or nomination on change of result by corrected abstract of state returns.If such corrected abstract by the State Board of Canvassers shows no change in the result previously found on the official returns, no further action shall be taken. If there is a change in such result, a new certificate of election or nomination shall be issued in the same manner and by the same authority as the certificate of election or nomination previously issued to each candidate found to have been elected or nominated as the case may be. Such certificate shall set forth the fact of the nomination or election of such person to such office or position, and that the certificate supersedes the certificate previously issued, which shall be adequately identified. Source: SDC 1939, §16.1814.
SD Codified L § 12-21-43 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-43 - Tie vote after recount determined by lot--Issuance of certificate.

12-21-43. Tie vote after recount determined by lot--Issuance of certificate.When a tie vote between candidates is found to exist on the basis of any such recount, and by reason of such tie vote it cannot be determined who has been nominated or elected, it shall be the duty of the authority charged by law with the responsibility of issuing the certificate of election or nomination to fix a time and place for the drawing of lots by such candidates involved in such tie vote, giving reasonable notice of such time and place to each of such candidates. Each such candidate may appear at the time and place designated either in person or by a representative, whereupon in the presence of such authority charged with the responsibility of issuing the certificate of nomination or election, the candidate or candidates entitled to the certificate or certificates of nomination or election shall be determined by drawing of lots in the manner directed by such authority, and the certificate or certificates of nomination or election shall be issued accordingly. Source: SL 1890, ch 84, §§17, 26; SL 1893, ch 81, §6; RPolC 1903, §§1942, 1943, 1970; RC 1919, §7317; SL 1937, ch 119, §1; SDC 1939, §16.1817.