reglab/housing_qa huggingface dataset:
SD Codified L § 12-21-44 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-44 - Second recount prohibited--Exception.

12-21-44. Second recount prohibited--Exception.Whenever the ballots cast in any precinct have been recounted as to any office, nomination, petition, or question, such ballots shall not thereafter, except as specifically provided in §12-21-45, be recounted as to the same office, nomination, position, or question. Source: SDC 1939, §16.1830; SL 1974, ch 118, §189.
SD Codified L § 12-21-45 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-45 - Court order for second recount--Grounds--Time of filing petition.

12-21-45. Court order for second recount--Grounds--Time of filing petition.At any time while any recount is pending before a county recount board, the circuit court for such county, on petition of any interested person, and upon due notice to such board, if satisfied that such board has acted fraudulently or arbitrarily and in disregard of law, and in such a way as likely to reach an unfair result, may order any ballots already recounted to be recounted a second time. Such petition, however, must be filed prior to final certification of the recount, and to give opportunity for hearing and decision, the court may enjoin such certification for a period not exceeding three days. Source: SDC 1939, §16.1830.
SD Codified L § 12-21-46 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-46 - Court removal and replacement of recount board member not acting in good faith.

12-21-46. Court removal and replacement of recount board member not acting in good faith.When satisfied on any such petition that the conduct of such board, or any member thereof, has been fraudulent, or deliberately and willfully in disregard of law, and not in good faith, the court may remove such member or members guilty of such conduct and appoint in the place of such member or members removed any registered voter or voters of the county who shall thereupon assume the duties and responsibilities of such removed member or members for the purpose of such recount. Source: SDC 1939, §16.1830; SL 1974, ch 118, §190.
SD Codified L § 12-21-47 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-47 - Persons entitled to certiorari for review of recount--Time of filing of petition.

12-21-47. Persons entitled to certiorari for review of recount--Time of filing of petition.Whenever any candidate is aggrieved by the final determination made as a result of any recount, he may have the proceedings of such recount board reviewed upon certiorari as provided by this chapter. Such review may also be obtained as to any submitted or referred question by any voter who was entitled to vote thereon, but only with the approval of the court in which such review is asked, or of a judge of such court, which approval must be endorsed upon the petition before it is filed. The petition for the writ must be filed within five days after the filing of the recount certificate with the secretary of state or county auditor. Source: SDC 1939, §16.1818; SL 1941, ch 81.
SD Codified L § 12-21-48 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-48 - Original jurisdiction of certiorari proceedings.

12-21-48. Original jurisdiction of certiorari proceedings.Original jurisdiction of such certiorari proceeding shall be as follows:(1)Where the same involves a submitted or referred question voted upon in more than one county, or the nomination or election of presidential electors, United States senator, representative in Congress, member of the Legislature, or any state or judicial officer, in the Supreme Court;(2)In all other cases in a circuit court of a county which includes the locality where the election or some part thereof was conducted. Source: SDC 1939, §16.1819; SL 1982, ch 28, §10.
SD Codified L § 12-21-49 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-49 - Form and contents of petition for certiorari.

12-21-49. Form and contents of petition for certiorari.The petition for the writ, if involving a nomination or election as to any office or position, shall denominate the candidate seeking the review as plaintiff, and shall name the candidate or candidates declared elected as defendants. If the petition seeks a review as to a determination of any submitted or referred question, it shall be entitled: "In the matter of petition for writ of certiorari as to determination of election on (specifying the question submitted or referred)." In any case the petition shall concisely set forth the nature of the election involved, the result thereof as pronounced by the official returns, the basis for and proceedings had upon the recount, the respects in which any county recount board, or other authority, is claimed to have exceeded its jurisdiction, and a brief summarized statement of the particulars in which it is claimed any county recount board, or other authority, has misapplied the law in the determination of questions concerning disputed ballots. Source: SDC 1939, §16.1820.
SD Codified L § 12-21-50 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-50 - Issuance of writ of certiorari--Officials to whom addressed--Contents.

12-21-50. Issuance of writ of certiorari--Officials to whom addressed--Contents.If the court concludes that the facts set forth in the petition, if true, are sufficient to justify the issuance of the writ, the same shall be issued. It shall be addressed to each county recount board, and to each other authority which the plaintiff claims to have exceeded its jurisdiction, including misapplication of the law in determination of questions concerning disputed ballots, and shall command each such board or authority at or before a time specified to certify to the court all its records and proceedings with reference to such matter. If questions as to validity of any disputed ballots are involved, the writ shall command the county auditor having custody thereof to return at the time designated the sealed envelopes containing the disputed ballots in question. Source: SDC 1939, §16.1821.
SD Codified L § 12-21-51 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-51 - Service of writ of certiorari--Persons on whom served.

12-21-51. Service of writ of certiorari--Persons on whom served.Such writ shall forthwith be served personally, or by registered or certified mail, on each county auditor as to any county where the county recount board or such auditor is claimed to have exceeded jurisdiction, and in the same manner upon the secretary of state in case the secretary of state, or the State Board of Canvassers, is claimed to have exceeded jurisdiction. Only one writ need be issued, and shall be sufficient irrespective of the number of officials, boards, or tribunals from which certification of records or proceedings may be required. The writ and petition shall also be served forthwith upon all defendants named in case the proceeding involves election or nomination to any office or position, and upon the attorney general, in case the proceeding involves a submitted or referred question voted upon in more than one county. In any case where the proceeding involves the vote upon a submitted or referred question within a single county, the court shall in the writ direct additional service of the writ and petition on such officer or officers, or person or persons, whom the court believes might be interested in resisting the relief asked. Source: SDC 1939, §16.1821.
SD Codified L § 12-21-52 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-52 - Intervention in certiorari involving submitted question.

12-21-52. Intervention in certiorari involving submitted question.In any such proceeding involving a submitted or referred question, the court may upon good cause shown, either ex parte or otherwise, permit any officer or person desiring to be heard to intervene, either as a party plaintiff or party defendant. Source: SDC 1939, §16.1822.
SD Codified L § 12-21-53 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-53 - Answer to petition for certiorari--Joint or several answer.

12-21-53. Answer to petition for certiorari--Joint or several answer.On or before the return day of the writ, the defendant must serve and file his answer to the petition, and if there are several defendants, they may answer jointly or severally, at their option. In the case of a proceeding involving a vote on a referred or submitted question, any officer or person, on whom the writ is served, may interpose an answer, or several such officers or persons may unite in a single answer. Source: SDC 1939, §16.1823.
SD Codified L § 12-21-54 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-54 - Defenses set forth in answer to certiorari--New allegations--Petition for additional writ.

12-21-54. Defenses set forth in answer to certiorari--New allegations--Petition for additional writ.All defenses, either of fact or of law, must be set forth in the answer and no other pleading in response to the petition shall be permitted. Such answer may also allege matters showing error by any county recount board or boards, or other official, tribunal, or authority not covered by such petition, and pray for an additional writ for certification of additional proceedings and records relative thereto, in which event such additional writ may be granted in the same manner, and with the same procedure and effect as the original writ. Source: SDC 1939, §16.1823.
SD Codified L § 12-21-55 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-55 - Insufficient certification--Further certification required.

12-21-55. Insufficient certification--Further certification required.When any certification is insufficient to show adequately the proceedings had, the court may by order require further certification of records and proceedings. Source: SDC 1939, §16.1825.
SD Codified L § 12-21-56 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-56 - Hearing on certiorari--Conference to narrow issues.

12-21-56. Hearing on certiorari--Conference to narrow issues.Upon the returns made as required by the writ, the court shall hear the parties, and if further hearing is deemed necessary to determine the case, the court may make such order as deemed advisable fixing such further procedure as may be conducive to expeditious and just determination of the proceeding, including a requirement for a conference of all parties appearing and their attorneys designed to narrow the issues inasmuch as reasonably possible through eliminating questions as to ballots, when such questions are not seriously urged, and the offsetting against each other of ballots which are marked for opposing candidates involved, or on opposite sides of the question, and which present identical issues as to validity, and through segregation of ballots remaining disputed into classes or groups where different classes or groups of ballots present identical questions. Source: SDC 1939, §16.1824.
SD Codified L § 12-21-57 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-57 - Scope of review on certiorari--Correction of errors.

12-21-57. Scope of review on certiorari--Correction of errors.In such proceedings the court may review completely all of the proceedings had relative to such recount as shown by such certifications, and correct any errors made in the determination of questions as to validity of ballots, and in computation of returns, and any errors which may be manifest from such certifications. Source: SDC 1939, §16.1826.
SD Codified L § 12-21-58 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-58 - Procedure as in other cases of certiorari.

12-21-58. Procedure as in other cases of certiorari.Except as otherwise specifically provided and so far as applicable the practice and procedure shall be the same as in other cases of review on certiorari. Source: SDC 1939, §16.1827.
SD Codified L § 12-21-59 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-59 - Judgment on certiorari.

12-21-59. Judgment on certiorari.The judgment rendered by the court shall be such as the court deems required by the law as applied to the facts disclosed by the record presented, and shall pronounce what the court deems the correct result of the election involved as shown by the record. Source: SDC 1939, §16.1828.
SD Codified L § 12-21-60 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-60 - Right of appeal to Supreme Court from judgment on certiorari.

12-21-60. Right of appeal to Supreme Court from judgment on certiorari.As to any such judgment of a circuit court any party to the proceeding aggrieved thereby may appeal to the Supreme Court in the manner provided by §12-21-61. For the purposes of this section, any person or official who has been permitted to appear in the proceeding shall be deemed a party thereto. Source: SDC 1939, §16.1829.
SD Codified L § 12-21-61 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 21 - Recounts|Section 12-21-61 - Procedure on appeal to Supreme Court--Provisions to secure speedy determination.

12-21-61. Procedure on appeal to Supreme Court--Provisions to secure speedy determination.Such appeals shall be taken and perfected in the same manner as appeals from other judgments, except:(1)Such appeal must be taken within twenty days of the entry of such judgment;(2)Forthwith upon such appeal the entire record shall be certified by the clerk of the circuit court and transmitted to the clerk of the Supreme Court;(3)A stay of proceedings shall be within the discretion of the circuit court, subject to review by the Supreme Court, and shall be granted only upon adequate bond with sufficient security for payment to the respondent of all damages of any kind whatever resulting from the delay, and the court shall determine the terms of the bond so as adequately to protect the respondent from such damage;(4)The Supreme Court may on its own motion, or on motion of any party, make such order as it deems advisable to bring about a speedy determination of the appeal, including shortening of the time for filing briefs, dispensing with printing briefs, or dispensing entirely with briefs; and assigning date for oral argument. Source: SDC 1939, §16.1829.
SD Codified L § 12-22-1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-1 - "Contest" defined.

12-22-1."Contest" defined."Contest," as used in §§12-22-1 to 12-22-28, inclusive, shall mean a legal proceeding, other than a recount, instituted to challenge the determination of any election under the provisions of this title, or any municipal, school, or township election. Source: SDC 1939, §16.1901.
SD Codified L § 12-22-2 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-2 - Candidate's right to institute contest--Legislative contests excepted.

12-22-2. Candidate's right to institute contest--Legislative contests excepted.A contest may be instituted by any candidate for a public office, other than a candidate for the Legislature. A legislative contest shall be instituted as provided in §12-22-26. Source: SDC 1939, §16.1902 (1); SL 2010, ch 74, §23.
SD Codified L § 12-22-3 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-3 - Right to institute contest on submitted question--Judge's permission required.

12-22-3. Right to institute contest on submitted question--Judge's permission required.Such contest may be instituted by any registered voter who was entitled to vote on a referred or submitted question, but in such case such contest may be instituted only with the permission of a judge of the court in which such contest is instituted, endorsed upon the complaint before the same is filed. Source: SDC 1939, §16.1902 (2); SL 1974, ch 118, §191.
SD Codified L § 12-22-4 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-4 - Electoral candidates' and party chairman's right to institute contest of presidential election.

12-22-4. Electoral candidates' and party chairman's right to institute contest of presidential election.Such contest may be instituted, in the case of a presidential elector, by any one or more of a group of candidates for election as such electors, or by the chairman of the State Central Committee of any political party, which had on the ballot candidates duly nominated for such position. Source: SDC 1939, §16.1902 (3).
SD Codified L § 12-22-5 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-5 - Time of commencement of contest--Commencement after recount.

12-22-5. Time of commencement of contest--Commencement after recount.Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a recount there is a determination that is contrary to the result as pronounced on the official returns, such contest may be started within five days after such pronouncement of such result of such recount. Source: SDC 1939, §16.1903.
SD Codified L § 12-22-6 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-6 - Time of commencement of contest of presidential election.

12-22-6. Time of commencement of contest of presidential election.Any such contest as to the election of presidential electors shall not be instituted at any time after the expiration of the time limit prescribed by §12-22-5. In case any person or persons entitled to institute such contest as to presidential electors, claim that for any reason returns from any precinct or precincts should be eliminated in the determination of the result, or that any ballots should be eliminated, such contest may be instituted at any time after the election and prior to the expiration of such time limit. Source: SDC 1939, §16.1904.
SD Codified L § 12-22-7 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-7 - Original jurisdiction of contests.

12-22-7. Original jurisdiction of contests.Original jurisdiction over such contests shall be as follows:(1)As to contests involving state offices, or judicial officers in the Supreme Court;(2)As to all other contests, in the circuit court of a county which includes the locality where the election or some part thereof was conducted. Source: SDC 1939, §16.1905; SL 1974, ch 118, §192.
SD Codified L § 12-22-8 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-8 - Summons and complaint to commence contest.

12-22-8. Summons and complaint to commence contest.Such contest shall be deemed commenced upon the filing with the clerk of the court of a summons and complaint, which complaint shall be duly verified, and set forth a concise statement of the facts on which the contest is based. The summons shall be in the same form as the summons in a civil action, except that the time for answer shall be specified as within ten days after the service, unless the court shorten such time, as provided by §12-22-10, in which event the time fixed by the court shall be specified. Source: SDC 1939, §16.1906.
SD Codified L § 12-22-9 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-9 - Service of summons and complaint--Time of serving.

12-22-9. Service of summons and complaint--Time of serving.Forthwith upon the filing of the summons and complaint, the same shall be served on the defendant or defendants, or on such other persons as may be required by §§12-22-11 to 12-22-15, inclusive. If such filing is within the time prescribed by §§12-22-5 and 12-22-6, such service may be made after expiration of such time, if made as soon as reasonably possible. Source: SDC 1939, §16.1906.
SD Codified L § 12-22-10 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-10 - Court orders to expedite proceedings.

12-22-10. Court orders to expedite proceedings.Whenever it shall appear that substantial rights may be lost or impaired by delay, the court may, at any time after the contest is commenced, upon application of any party, and upon reasonable notice to the other party or parties, make such order or orders as the court deems necessary to bring about the expeditious and just determination of the contest, including the shortening of the time for answer, the time, manner, and method of taking depositions, reference to a referee or referees, including power to appoint different referees for different purposes, and directing that when feasible the taking of evidence on depositions or before referees may proceed simultaneously, safeguarding the right of each party to be represented, if he so desires, in all such proceedings. Source: SDC 1939, §16.1907.
SD Codified L § 12-22-11 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-11 - Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants.

12-22-11. Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants.When two or more persons are entitled to commence any such contest, any one of them may institute it, or two or more may join. The person or persons instituting any such contest involving an election or nomination to any office or position shall be denominated plaintiff or plaintiffs. The person or persons who at the time of starting such contest are officially declared elected or nominated to such office or position shall be named defendant or defendants. Source: SDC 1939, §16.1910.
SD Codified L § 12-22-12 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-12 - Intervention by other candidates--Assertion of right to nomination or office.

12-22-12. Intervention by other candidates--Assertion of right to nomination or office.Any other person who was a candidate for such office or nomination may be permitted at any time to intervene, but shall not be permitted to assert any right to such nomination or office unless such intervention is within the time in which he might have started a contest. Source: SDC 1939, §16.1910.
SD Codified L § 12-22-13 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-13 - Designation of defendants in contest of presidential election.

12-22-13. Designation of defendants in contest of presidential election.In case of commencement of a contest involving presidential electors, prior to the official canvass, the plaintiff or plaintiffs must in good faith designate as defendants all candidates for such electors as shall have received a sufficient number of votes so there is a reasonable chance of their election. Source: SDC 1939, §16.1910.
SD Codified L § 12-22-14 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 22 - Contests|Section 12-22-14 - Title of proceeding on submitted question.

12-22-14. Title of proceeding on submitted question.In the case of a contest as to a submitted or referred question, the proceeding shall be entitled: "In the matter of election contest as to ____ (naming the question involved)." Source: SDC 1939, §16.1910.