reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-14 - Unlawful disposition of ballot or ballot link--Violation as misdemeanor.

12-19-14. Unlawful disposition of ballot or ballot link--Violation as misdemeanor.
Any voter who, having procured an official ballot or a Uniformed and Overseas Citizens Absentee Voting Act ballot link as provided in §§12-19-1 to 12-19-12, inclusive, intentionally disposes of a ballot in any manner other than as provided in those sections or provides the ballot link to any other person is guilty of a Class 2 misdemeanor. The Uniformed and Overseas Citizens Absentee Voting Act ballot link is the internet URL for accessing an electronically provided absentee ballot.
Source: SL 1913, ch 200, §5; RC 1919, §7230; SDC 1939, §16.9911; SL 1974, ch 118, §143; SL 1982, ch 86, §88; SL 2010, ch 74, §17; SL 2023, ch 51, §15.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-32 - Ballot not invalidated by federal censorship.

12-19-32. Ballot not invalidated by federal censorship.
The exercise of the right of censorship by the federal authorities upon the marked ballot while same is in transit in the mail, shall not invalidate the ballot or be cause for its rejection.
Source:
SL 1944 (SS), ch 2, §8; SDC Supp 1960, §16.0617.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-33 - Failure to deliver or tampering with ballot as felony.

12-19-33. Failure to deliver or tampering with ballot as felony.
Any person who, having procured an official ballot or ballots for another, intentionally fails to deliver the ballots to the voter or who intentionally fails to deliver the return envelope with ballots contained therein to the proper officer, or who tampers with the envelope or ballots is guilty of a Class 6 felony.
Source:
SL 1944 (SS), ch 2, §12; SDC Supp 1960, §16.9929; SL 1974, ch 118, §144; SL 1982, ch 86, §89; SL 1983, ch 116, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-34 - Informalities do not invalidate election--Liberal construction.

12-19-34. Informalities do not invalidate election--Liberal construction.
No mere informality in the matter of carrying out or executing the provisions of this chapter shall invalidate the election or authorize the rejection of the returns thereof, and the provisions of this chapter shall be liberally construed for the purposes herein expressed or intended.
Source:
SL 1944 (SS), ch 2, §8; SDC Supp 1960, §16.0617; SL 1974, ch 118, §145.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-37 - Absentee ballot precincts--Creation--Absentee ballot counting board.

12-19-37. Absentee ballot precincts--Creation--Absentee ballot counting board.
Any county may create a special precinct to be known as an absentee ballot precinct. If the county creates an absentee ballot precinct, all absentee ballots cast at any election shall be counted in such precinct. However, if a paper ballot precinct has ten or fewer absentee ballots cast at the time the polls open on election day, the absentee ballots in that precinct shall be counted at the polling place. The election board of the absentee ballot precinct is the absentee ballot counting board. There may be only one absentee ballot counting board at any time in a county.
Source:
SL 1976, ch 108, §1; SL 1985, ch 116.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-38 - Appointment of absentee ballot counting board--Number of members.

12-19-38. Appointment of absentee ballot counting board--Number of members.
The county auditor shall appoint the absentee ballot counting board in the manner prescribed in chapter 12-15, except that the number of election officials on the absentee ballot counting board shall be sufficient to complete the counting of ballots within a reasonable time.
Source:
SL 1976, ch 108, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-39 - Oath of board members--Compensation.

12-19-39. Oath of board members--Compensation.
Each election official of the absentee ballot counting board shall take the oath required by §12-15-9 and shall be paid as provided by §12-15-11.
Source:
SL 1976, ch 108, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-41 - Powers and duties of absentee ballot counting board.

12-19-41. Powers and duties of absentee ballot counting board.
Except as otherwise provided in §§12-19-37 to 12-19-52, inclusive, the absentee ballot counting board's powers and duties shall be the same as provided in chapters 12-19 and 12-20 for precinct election officials in regular precinct polling places, except that the board shall receive and count all absentee ballots for all precincts in the county upon receipt thereof from the person in charge of the election.
Source:
SL 1976, ch 108, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-42 - Envelope containing voted ballots kept closed--Delivery to county board.

12-19-42. Envelope containing voted ballots kept closed--Delivery to county board.
Upon receipt of the sealed return envelope containing the voted ballots, the person in charge of the election shall keep it in a safe place without opening the envelope or breaking the seal thereof. The person in charge of the election shall cause to be delivered to the absentee ballot counting board, the absentee ballot, or ballots with the election supplies, or if later received, then prior to the close of the polls.
Source:
SL 1976, ch 108, §12.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-43 - Review--Sorting--Processing--Absentee Ballots.

12-19-43. Review--Sorting--Processing--Absentee Ballots.
The county auditor shall direct the board to meet on election day prior to the closing of the polls for the sole purpose of reviewing the absentee voters' affidavits appearing on the sealed ballot envelopes, if in the auditor's judgment this procedure shall be necessary due to the number of absentee ballots received. The absentee ballots shall be opened, stamped, and placed in the ballot box or processed by an automatic tabulating machine, but under no circumstances shall the ballots be manually counted nor any vote totals printed or displayed by any tabulating machine prior to the closing of the polls. If ballots are processed by an automatic tabulating machine prior to the closing of the polls, the resolution board shall be present and notification of such processing shall be provided to each county party chairperson at least ten days before the election.
Source:
SL 1976, ch 108, §4; SL 1977, ch 113; SL 2005, ch 93, §6; SL 2021, ch 67, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-44 - Counting process open--Reasonable distance kept by observers--Records associating voter with ballot prohibited--Violation as misdemeanor.

12-19-44. Counting process open--Reasonable distance kept by observers--Records associating voter with ballot prohibited--Violation as misdemeanor.
The process of sorting, validating, and counting absentee ballots must be open to poll watchers for the purpose of observing the process. A poll watcher shall keep a reasonable distance from ballots and identification information to protect the privacy of absentee voters. No record associating an individual voter with a ballot may be created. A violation of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 108, §5; SL 2023, ch 51, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-45 - Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers.

12-19-45. Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers.
The person in charge of the election shall preserve a record of the name, post office address, and voting precinct of each applicant for absentee ballots and shall personally deliver the same to the Absentee Ballot Counting Board. The person in charge of the election shall keep a record of the name of the authorized messenger requesting an absentee ballot to be delivered to another voter.
Source:
SL 1976, ch 108, §10; SL 1979, ch 105, §3; SL 1980, ch 115, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-46 - Commencement of count when polls close--Place.

12-19-46. Commencement of count when polls close--Place.
The Absentee Ballot Counting Board shall commence counting the absentee voters' ballots immediately upon close of the polls at a central place designated by the county auditor.
Source:
SL 1976, ch 108, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-47 - Processing of absentee ballots.

12-19-47. Processing of absentee ballots.
The absentee ballot counting board, during the time prescribed in §12-19-46, shall process each absentee ballot as required by §12-19-10.
Source:
SL 1976, ch 108, §12; SL 1982, ch 86, §90; SL 1992, ch 115, §8; SL 1993, ch 118, §19; SL 2006, ch 72, §7; SL 2010, ch 74, §18.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-50 - Forms for recording tally--Special pollbook--Tally added to home precinct totals.

12-19-50. Forms for recording tally--Special pollbook--Tally added to home precinct totals.
The tally shall be recorded on forms prescribed by the State Board of Elections. A special pollbook shall also be prescribed by the State Board of Elections. Except as provided by §12-19-52, the tally shall be recorded according to the precincts in which the voters are registered and then added to those individual precinct totals.
Source:
SL 1976, ch 108, §§4, 9; SL 1993, ch 113, §12.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-53 - Contracting for services of county auditor from another county.

12-19-53. Contracting for services of county auditor from another county.
If a county contracts for the services of a county auditor from another county, that county auditor shall make absentee ballots available in the contracting county if the contracting county requests that absentee ballots be provided. The contracting county shall reimburse the county auditor for the costs incurred pursuant to this section.
Source:
SL 1992, ch 115, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-54 - Payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.

12-19-54. Payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.
No person may employ, reward, or compensate any person to assist voters based on the number of voters assisted. Nothing in this section prohibits any person from hiring a person paid on an hourly or salaried basis to assist voters. Any violation of this section is a Class 1 misdemeanor.
Source: SL 2005, ch 91, §3; SL 2023, ch 51, §18.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-55 - Receipt of payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.

12-19-55. Receipt of payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.
No person may receive any wages, reward, or compensation for assisting voters based on the number of voters assisted. Nothing in this section prohibits any person from being employed on an hourly or salaried basis to assist voters. Any violation of this section is a Class 1 misdemeanor.
Source: SL 2005, ch 91, §4; SL 2023, ch 51, §19.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-1 - Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty.

12-20-1. Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty.
As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§12-20-2 and 12-20-3. The precinct superintendent and precinct deputies shall then immediately deliver the ballot boxes, registration book, pollbook, and other election supplies, including voided and unused ballots, to the counting board, if appointed, and sign a certificate of transmittal and receipt as prescribed by the State Board of Elections. The members of the precinct election board or the counting board, if appointed, shall then immediately proceed to count publicly, in the presence of all persons desiring to attend the count, the votes received at the polls, and continue without leaving the site of the count until the count is completed. A person charged with implementing this section may not delay the counting of ballots other than to authorize short recesses for the health and wellbeing of those employed to implement this section. In counting the votes, the members of the precinct election board or counting board shall use the tally sheets provided.
Source:
SDC 1939, §16.1701; SL 1975, ch 119, §11; SL 1976, ch 105, §68; SL 1993, ch 113, §13; SL 1993, ch 118, §20; SL 1999, ch 69, §39; SL 2002, ch 76; §7; SL 2021, ch 68, § 1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-2 - Opening of ballot box--Sorting and counting of unopened ballots--Ballots folded together.

12-20-2. Opening of ballot box--Sorting and counting of unopened ballots--Ballots folded together.
The box shall be opened and the ballots taken out, sorted so that all ballots on certain candidacies and issues are separately identified, and counted by the members of the precinct election board unopened, except to ascertain if each ballot is single. If two or more ballots are found folded together and present the appearance of a single ballot, the ballots shall be laid aside until the count of ballots is completed. Upon the comparison of the count with the pollbook and registration list, or in machine precincts, with the number of return envelopes from absentee voters, and the appearance of the ballots, if a majority of the members of the precinct election board are of the opinion that the ballots folded together were voted by one voter, the ballot shall be endorsed, duplicate ballot of one voter not counted. If the ballot count does not agree with the number of votes in the pollbook, a comparison of the voters in the pollbook and the registration list shall be made and the correction of any mistakes shall be made.
Source:
SDC 1939, §16.1701; SL 1974, ch 118, §150; SL 1978, ch 102, §1; SL 1993, ch 113, §14; SL 1999, ch 69, §40.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-2.1 - Return of provisional ballot envelopes and unopened absentee ballots.

12-20-2.1. Return of provisional ballot envelopes and unopened absentee ballots.
If the ballot box is opened for ballot counting at the precinct, each provisional ballot envelope and each unopened absentee ballot shall be removed, placed, and sealed in the provisional or unopened absentee ballot return envelope and returned to the person in charge of the election with the other election supplies.
Source:
SL 2003, ch 83, §3; SL 2010, ch 74, §20.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-3 - Drawing of excess ballots.

12-20-3. Drawing of excess ballots.
Following the comparison of the pollbook and registration list in §12-20-2, if the ballots in the box exceed the number of names in the pollbook, the ballots shall be replaced in the box, after any of the ballots folded together are canceled, and one of the precinct deputies shall publicly draw therefrom as many ballots, unopened, as equal to the excess.
Source:
SDC 1939, §16.1701; SL 1993, ch 113, §15; SL 1999, ch 69, §41.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-5 - Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots.

12-20-5. Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots.
The votes for the several candidates shall be counted in the order in which the candidates occur upon the ballots. At least two precinct deputies, of opposite political parties, shall scrutinize each ballot with the precinct superintendent acting to break any tie vote of the two precinct deputies ruling on a ballot. As the vote is announced two precinct deputies shall make the mark required on the tally sheets.
Source:
SDC 1939, §16.1702; SL 1959, ch 97; SL 1974, ch 118, §151; SL 1976, ch 105, §69; SL 1993, ch 118, §21; SL 1997, ch 81, §9; SL 1999, ch 69, §42.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-5.1 - Determination of validity of provisional ballots.

12-20-5.1. Determination of validity of provisional ballots.
Prior to the official canvass, the person in charge of the election shall determine if the person voting by provisional ballot was legally qualified to vote in the precinct in which the provisional ballot was cast. In making this determination, the person in charge of the election shall consider the information provided on the affirmation and diligently investigate the voter registration status of the person. If there is no evidence that a voter registration form had been completed by the person showing a residence address in that precinct and returned to an official voter registration site prior to the deadline to register to vote for the election, the provisional ballot is invalid.
Source:
SL 2003, ch 83, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-6 - Unstamped ballots not counted.

12-20-6. Unstamped ballots not counted.
In the counting of the votes any ballot which is not endorsed as provided in §12-18-12 by the official stamp shall be void and may not be counted.
Source:
SL 1897, ch 60, §35; RPolC 1903, §1929; RC 1919, §7278; SDC 1939, §16.1703; SL 1993, ch 118, §22.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-7 - Ballot not counted when voter's choice indeterminable--Promulgation of rules defining standards.

12-20-7. Ballot not counted when voter's choice indeterminable--Promulgation of rules defining standards.
Any ballot or part of a ballot from which it is impossible to determine the voter's choice by using standards defined by the State Board of Elections shall be void and may not be counted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, defining standards for determining voter intent.
Source:
SDC 1939, §16.1703; SL 1974, ch 118, §152; SL 2002, ch 76, §6; SL 2010, ch 74, §21.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-8 - Precinct superintendent and precinct deputies to record intention of voter.

12-20-8. Precinct superintendent and precinct deputies to record intention of voter.
The precinct superintendent and precinct deputies, in counting the votes, shall endeavor to record the intention of the voter. The precinct superintendent and precinct deputies shall then hold the intention of the voter to be to vote for the candidate or candidates before whose name the voter has placed a mark.
Source:
SDC 1939, §16.1205; SL 1974, ch 118, §153; SL 1976, ch 105, §70; SL 1997, ch 81, §10; SL 1999, ch 69, §43.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-10 - Blank list for unofficial return of precinct vote for candidates and submitted questions--Return envelope.

12-20-10. Blank list for unofficial return of precinct vote for candidates and submitted questions--Return envelope.
There shall be furnished by the officer in charge of the election to each voting precinct, for each election, a blank list which shall have space after each candidate's name and after each measure, law, or amendment to be voted upon at such election, in which to enter the number of votes cast in the precinct for each candidate, measure, law, or amendment, together with an envelope addressed to the officer in charge of the election and labeled in plain letters, "Immediate--Unofficial Return--Do not put this in ballot box."
Source:
SL 1911, ch 258, §1; RC 1919, §7303; SDC 1939, §16.1723; SL 1974, ch 118, §154.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-11 - Entry of precinct vote on unofficial return list--Return with election returns.

12-20-11. Entry of precinct vote on unofficial return list--Return with election returns.
When the vote count is complete, the members of the precinct election board shall enter upon the blank list the true number of votes cast in the precinct for each person, measure, law, or amendment which appears upon the official ballot, and shall enclose the completed list in the envelope described in §12-20-10. The precinct superintendent or precinct deputy chosen to deliver the election returns to the officer in charge of the election shall return the completed list separate from any other envelopes or wrappers returned at the time the election returns are delivered.
Source:
SDC 1939, §16.1723; SL 1974, ch 118, §155; SL 1993, ch 118, §23; SL 1999, ch 69, §44.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-13 - Tabulation and public release of unofficial returns--Entry into central election reporting system.

12-20-13. Tabulation and public release of unofficial returns--Entry into central election reporting system.
Except as provided in §12-20-17, the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public, but such returns are not the official returns. The county auditor shall enter the information into the central election reporting system by using any computer located in a county office which is properly configured and linked to the central state computer immediately following the tabulation of each precinct.
Source:
SDC 1939, §16.1723; SL 1978, ch 103; SL 1990, ch 108; SL 2003, ch 84, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-13.1 - Means of counting provisional ballots--Appointment of officials.

12-20-13.1. Means of counting provisional ballots--Appointment of officials.
The person in charge of the election shall decide if the provisional ballots are to be counted by hand or by automated tabulating equipment. If a decision is made to count the ballots by hand, a provisional ballot counting board shall be appointed as provided in §12-15-1. If the provisional ballots are to be counted by automated tabulating equipment, a resolution board and tabulation machine operators shall be appointed as provided in chapter 12-17B.
Source:
SL 2003, ch 83, §5; SL 2006, ch 28, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-13.2 - Counting provisional ballots--Certification.

12-20-13.2. Counting provisional ballots--Certification.
The provisional ballot counting board or resolution board and tabulation machine operators shall convene one hour prior to the convening of the canvassing board. The provisional ballots, which the person in charge of the election has determined are not invalid according to §12-20-5.1, shall be counted. Upon completion of the count, the provisional ballot counting board or resolution board shall complete a certification of provisional ballot count and give the certification to the canvassing board. The certification form shall be prescribed by the State Board of Elections.
Source:
SL 2003, ch 83, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-13.3 - Counting provisional ballots--Alternate time.

12-20-13.3. Counting provisional ballots--Alternate time.
The person in charge of the election may establish an alternative time prior to the official canvass for provisional ballot counting provided that notice of the time and location is given to the county party chairperson of each political party for primary, secondary, and general elections and to each candidate for any other election.
Source:
SL 2003, ch 83, §7; SL 2006, ch 28, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-13.4 - Counting provisional ballots--Notice.

12-20-13.4. Counting provisional ballots--Notice.
Within ten days after the official county canvass each person voting by provisional ballot shall be sent by the person in charge of the election a notice advising whether the provisional ballot was counted. The notice shall be prescribed by the State Board of Elections.
Source:
SL 2003, ch 83, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-15 - State messenger to secure delinquent returns--Expenses deducted from county auditor's salary.

12-20-15. State messenger to secure delinquent returns--Expenses deducted from county auditor's salary.
If any county auditor fails to perform the duties required of him by §12-20-38.1, the secretary of state shall send a messenger to the county auditor to secure such returns. All expenses for such service shall be paid by the county of which such auditor is an officer upon the filing of a certificate from the secretary of state as to the amount of such expenses, and the amount so paid shall be deducted from the next monthly salary of the county auditor of such county.
Source:
SL 1890, ch 84, §4; SL 1891, ch 60, §1; RPolC 1903, §1946; RC 1919, §§7293, 7307; SDC 1939, §§16.1714, 16.1724; SDCL, §12-20-44; SL 1974, ch 118, §156; SL 1993, ch 118, §24.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-17 - Returns not disclosed until all polls in state closed.

12-20-17. Returns not disclosed until all polls in state closed.
No public disclosure of the returns of state and federal elections in any primary or general election is permitted until each precinct polling place in the state is closed. This provision applies to each precinct polling place within the state.
Source:
SL 1959, ch 99, §20; SDC Supp 1960, §16.2220; SL 1981, ch 119, §2; SL 2000, ch 71, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-18 - Entry of candidates' votes in precinct pollbooks.

12-20-18. Entry of candidates' votes in precinct pollbooks.
After the votes have been counted, the members of the precinct election board shall set down in the pollbook and duplicate tally sheet on forms therein prescribed by the State Board of Elections the name of each person voted for, the office for which the person received votes, and the number of votes each person received, the number of votes each person received shall be expressed at length.
Source:
SDC 1939, §16.1704; SL 1974, ch 118, §158; SL 1993, ch 113, §16; SL 1993, ch 118, §26; SL 1999, ch 69, §45.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-20 - Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor.

12-20-20. Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor.
The counted ballots shall be sorted in the manner provided in 12-20-2 and wrapped, sealed, and deposited in the ballot box. The precinct superintendent and precinct deputies, after the counting of ballots and deposit of the ballots counted in the ballot box, shall properly seal, with seals furnished pursuant to §12-16-26, any ballot box opening and the place where the clasp and box connect, and each place where a ballot box may be opened before turning the ballot box over to the person deputed to deliver it. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §16.1706; SL 1974, ch 118, §159; SL 1979, ch 106, §1; SL 1982, ch 86, §91; SL 1999, ch 69, §46.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-21 - Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony.

12-20-21. Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony.
The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.
Source:
SDC 1939, §§16.0206, 16.0230, 16.0706, 16.1707, 16.1708, 16.9925; SL 1961, ch 92, §§10, 23; SL 1963, ch 109, §§1 to 3; SDCL, §§12-4-27, 12-6-44, 12-20-22 to 12-20-24, 12-20-26; SL 1974, ch 118, §160; SL 1982, ch 86, §92; SL 1993, ch 113, §17; SL 1993, ch 118, §27; SL 1999, ch 69, §47.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-21.1 - Circumstances requiring report of official returns by telephone.

12-20-21.1. Circumstances requiring report of official returns by telephone.
Notwithstanding the provisions of §12-20-21, if the person in charge of the election determines that the roads are impassable between a polling place and the office of the person in charge of the election, the superintendent shall report unofficial election returns by telephone to the person in charge of the election immediately following completion of the vote count. The superintendent shall return the sealed ballot box together with the pollbooks, registration lists, the envelope containing the unofficial returns, and all supplies to the person in charge of the election as soon as possible but no later than noon on the day following the election.
Source:
SL 1993, ch 117.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-21.2 - Write-in votes not to be counted--Other votes on ballot.

12-20-21.2. Write-in votes not to be counted--Other votes on ballot.
If a name is written on a ballot in an attempt to cast a write-in-vote, the write-in vote may not be counted. However, all other votes for which the voter's intent may be determined shall be counted.
Source:
SL 2002, ch 76, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-31 - Destruction of ballots and pollbooks--Period for which held--Pending recount or contest.

12-20-31. Destruction of ballots and pollbooks--Period for which held--Pending recount or contest.
The officer in charge of an election may destroy voted ballots and pollbooks from a nonfederal election sixty days following the election at which such ballots were voted. However, they may not be destroyed if any recount or contest of such election is pending. The officer in charge of an election may destroy voted ballots, pollbooks and all other election material relating to a federal election twenty-two months after the election at which the ballots were voted. For the purpose of this section, a federal election is any election to nominate or elect persons to the United States Congress or other national elected position, including national issues or questions. If a ballot is used for a federal election and a state or local election, the ballots and all other election material shall be maintained for twenty-two months. All federal election material may be removed from the ballot box if it is maintained in such a manner as to guarantee the safety and integrity of such material.
Source:
PolC 1877, ch 27, §29; SL 1881, ch 74, §2; CL 1887, §1468; RPolC 1903, §1931; SL 1915, ch 185, §1; RC 1919, §7280; SDC 1939, §16.1708; SL 1963, ch 109, §2; SL 1963, ch 120; SL 1965, ch 96; SDCL, §12-20-30; SL 1974, ch 118, §162; SL 1986, ch 121.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 20 - Return And Canvass Of Votes › Section 12-20-32 - Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as felony.

12-20-32. Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as felony.
The county auditor shall keep the ballot boxes and pollbooks in the same condition as when received, until the meeting of the county canvassing board, when he shall deliver the pollbooks to such board. A violation of this section is a Class 6 felony.
Source:
SL 1899, ch 83, §4; RPolC 1903, §1938; SL 1915, ch 185, §2; RC 1919, §7287; SDC 1939, §16.1709; SDCL, §12-20-33; SL 1974, ch 118, §163; SL 1982, ch 86, §93.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 the Governor's designee, the chief justice of the Supreme Court, or the chief justice's 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 the member 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; SL 2023, ch 3, §28.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 21 - Recounts › Section 12-21-2 - Composition and appointment of county recount board--Individuals disqualified from serving--Oath--Promulgation of rules.

12-21-2. Composition and appointment of county recount board--Individuals disqualified from serving--Oath--Promulgation of rules.
The county recount board of each county which conducts a recount authorized by this chapter shall be appointed by the presiding judge of the circuit court for that county.
At a general election, a judicial primary election, or an election for a referred or submitted question, the recount board shall consist of a recount referee who is a duly qualified member of the State Bar of South Dakota and a member of the political party that received the greatest number of votes in the county in the race for Governor in the last gubernatorial election, and two voters of the county representing the two political parties with the largest registration in the county.
In a non-judicial primary election or runoff election pursuant to §12-6-51.1, the recount board must consist of members of the same political party as the candidates in the contest being recounted. The recount board must consist of a recount referee who is a duly qualified member of the state bar and two voters of the county.
An individual may not serve on the recount board if the individual is a candidate for the office that is the subject of the recount, or is the husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, brother, or sister, whether by birth or marriage, of the whole or the half-blood, of any candidate involved in the recount.
Prior to serving, each member of the recount board shall take an oath that the member will act in good faith, with impartiality, and that the member meets the qualifications to serve as a member of the county recount board. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, that prescribe the oath to be taken under this section.
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; SL 2023, ch 52, §1.
2023 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.