reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:12 - Order of vote counting

Current through Register Vol. 51, page 10, July 15, 2024
The counting of votes for each candidate shall be in the same order as the candidates appear on the ballot.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:14 - Scrutiny of ballots by counting board

Current through Register Vol. 51, page 10, July 15, 2024
At least two precinct deputies of the counting board of opposite political parties shall scrutinize each ballot to determine the vote on that ballot. The precinct superintendent shall break any tie on a ballot.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-15-14,  12-15-14.1,  12-20-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:15 - Tally of ballots

Current through Register Vol. 51, page 10, July 15, 2024
As the vote is announced, one counting board member shall make the required mark on the tally sheet in the pollbook and another counting board member shall make the required mark on the duplicate tally sheet.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:17.01 - Write-in votes not counted

Current through Register Vol. 51, page 10, July 15, 2024
As each ballot is being examined to determine how the vote was cast for each office, the counting board shall determine if any write-in was placed on the ballot. The write-in may not be counted as a vote but all other valid marks shall be counted as votes.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-20-21.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:17.02 - Counting imperfectly marked paper ballots

Current through Register Vol. 51, page 10, July 15, 2024
A mark that touches the circle or square on a paper ballot shall be counted as a vote; any mark that does not touch the circle or square and is not in the circle or square may not be counted as a vote.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-1-9(4).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:21 - Voter's intent to be determined

Current through Register Vol. 51, page 10, July 15, 2024
If in accordance with this chapter it is impossible to determine the voter's intent on any ballot or part of a ballot, that portion of the ballot shall be void and shall not be counted as to those races for which the voter's intent cannot be determined.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-7.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:22.01 - Use of prior court decision

Current through Register Vol. 51, page 10, July 15, 2024
In using a court decision for construing a counting requirement, the election board or counting board shall determine which laws were in effect when the court decision was rendered and determine if these decisions are still applicable to present laws and rules.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-52.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:25 - Unofficial returns of precinct vote

Current through Register Vol. 51, page 10, July 15, 2024
The election supplies provided to the counting board shall include a form for reporting the immediate unofficial returns of precinct vote, together with an envelope.
The form for reporting the immediate unofficial returns of precinct vote is as follows:
IMMEDIATE UNOFFICIAL RETURNS, _______________PARTY
ELECTION HELD ON THE ______ DAY OF ____________, ______ _________ PRECINCT
TITLE OF OFFICE
NAME OF CANDIDATE
NUMBER OF VOTES
________________
________________
________________
________________
________________
________________
________________
________________
________________
NUMBER OF PROVISIONAL BALLOTS ________________
The form of the envelope is as follows:
UNOFFICIAL RETURNS
TO: COUNTY AUDITOR
_______________
SOUTH DAKOTA
IMMEDIATE
DO NOT PUT THIS IN BALLOT BOX
General Authority:
SDCL  12-1-9(4), 2-20-52.
Law Implemented:
SDCL  12-20-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:26 - Entry of precinct vote on unofficial return list

Current through Register Vol. 51, page 10, July 15, 2024
Upon the unofficial return as set forth in §
									5:02:16:25, the counting board shall enter the vote cast in that precinct for each office or question which appears on the official ballot and shall enclose the unofficial returns in the envelope provided pursuant to §
									5:02:16:25. The precinct superintendent may designate a precinct deputy to deliver the unofficial election returns to the officer in charge of the election. The precinct deputy designated shall deliver to the officer in charge of the election the unofficial returns, separate from any other envelope or wrapper.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-11.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:31 - Signing of certificates

Current through Register Vol. 51, page 10, July 15, 2024
The precinct superintendent and precinct deputies of the precinct election board and county board shall complete and sign the certificates following the list of voters in the pollbook, the tally sheets, and the official vote count sheets.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:33 - Procedure for placing voted ballots in the ballot box

Current through Register Vol. 51, page 10, July 15, 2024
After the count has been completed, the election board or counting board shall place the voted ballots in the ballot box keeping them separated in wrappers or envelopes and sealed as provided in §
									5:02:16:34.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-15-14,  12-15-14.1,  12-15-14.2,  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:34 - Return of unvoted ballots

Current through Register Vol. 51, page 10, July 15, 2024
All spoiled and unused ballots shall be returned to the person in charge of the election in plain wrappers or envelopes with the words "spoiled ballots" or "unused ballots" added to each wrapper or envelope. Each wrapper or envelope shall be sealed by a ballot seal containing the following information:
BALLOT WRAPPER OR ENVELOPE SEAL __________________ PRECINCT
NUMBER OF BALLOTS ______
DO NOT PLACE THESE SPOILED AND UNUSED BALLOTS IN THE BALLOT BOX
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-18-24,  12-18-32,  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:34.01 - Return of duplicate ballots of one voter not counted

Current through Register Vol. 51, page 10, July 15, 2024
Each type of duplicate ballots, as identified in §
									5:02:16:08, shall be returned to the ballot box in a plain wrapper or envelope and sealed as provided in §
									5:02:16:34. Those ballots which are described in subdivision §
									5:02:16:08(1)  shall have the following words added to the wrapper or envelope: "stapled duplicate ballots counted." Those which are described in subdivision (2) shall have the following words added to the wrapper or envelope: "stapled duplicate ballots not counted."
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-2,  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:35 - Ballots voted but not counted

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided by §
									5:02:16:34.01, all ballots voted but not counted shall be returned to the ballot box in a plain wrapper or envelope and sealed as provided in §
									5:02:16:34  with the words "ballots voted but not counted" added to the wrapper or envelope.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:36 - Recapitulation sheet

Current through Register Vol. 51, page 10, July 15, 2024
In elections using hand-counted paper ballots, a recapitulation sheet in the following form shall be filled out indicating the disposition of the ballots:
Ballots received from auditor
__________
Ballots received after polls open
__________
Absentee ballots received
__________
Total ballots received
__________
Regular voted ballots
__________
Provisional ballots
__________
Unused ballots
__________
Spoiled ballots
__________
Total ballots returned
__________
Total ballots received and total ballots returned should be the same number.
This recapitulation sheet, together with the spoiled and unused ballots, shall be returned to the person in charge of the election. It shall not be placed in the ballot box.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-18-32,  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:37 - Sealing of ballot box

Current through Register Vol. 51, page 10, July 15, 2024
Following the deposit of all voted ballots except those in §
									5:02:16:34, the precinct or counting board shall seal the ballot box with a security seal for each place where box and clasp connect. The security seal shall be of a design that would readily show if the seal has been broken. A paper seal shall be used to cover any other slot or opening which is not covered and sealed with the security seal.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-17B-9,  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:39 - Form of the paper seal

Current through Register Vol. 51, page 10, July 15, 2024
The paper seal used pursuant to §§ 5:02:09:04.03(8) and 5:02:16:38 shall be in the following form:
BALLOT BOX SEAL
SIGNATURES OF COUNTING BOARD
OR PRECINCT BOARD _________________________
_________________________
_________________________
_________________________
_________________________
Where ballots are counted by hand, upon returning ballots to the box after counting the counting board shall sign these seals and affix the seals to the ballot box openings and upon all places where the box may be opened except where the openings are sealed with a metal seal. Where ballots are counted by machine, the precinct board shall sign these seals.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-20.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:40 - Return and sealing of pollbook

Current through Register Vol. 51, page 10, July 15, 2024
The pollbook shall be placed in a pollbook return envelope and the envelope sealed with the pollbook envelope seal prescribed in §
									5:02:16:41. The sealed envelope and its contents shall not be placed in the ballot box and shall be returned to the person in charge of the election.
The pollbook envelope must be in the following form:
POLLBOOK
________________PRECINCT
TO: COUNTY AUDITOR
______________________________
SOUTH DAKOTA
DO NOT PUT THIS IN BALLOT BOX
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:41 - Pollbook envelope seal

Current through Register Vol. 51, page 10, July 15, 2024
The pollbook envelope seal shall be in the following form:
POLLBOOK ENVELOPE SEAL ______________PRECINCT
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:41.01 - Return of duplicate tally sheet

Current through Register Vol. 51, page 10, July 15, 2024
The duplicate tally sheet and official vote count shall be placed in a duplicate tally sheet envelope. The sealed envelope and its contents shall not be placed in the ballot box and shall be returned to the person in charge of the election.
The duplicate tally sheet envelope must be in the following form:
DUPLICATE TALLY SHEET AND OFFICIAL VOTE COUNT
________________PRECINCT
TO: COUNTY AUDITOR
______________________________
SOUTH DAKOTA
DO NOT PUT THIS IN BALLOT BOX
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:42 - Return of election material

Current through Register Vol. 51, page 10, July 15, 2024
The sealed ballot box together with the sealed pollbook, sealed duplicate tally sheet and official vote count, sealed provisional ballot return envelope, registration lists, and envelopes 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 completing the vote count. The person delivering the supplies may not deface, destroy, or remove any seals or the pollbook, duplicate tally sheet, and registration lists or otherwise tamper with them.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:43 - Purpose of this chapter

Current through Register Vol. 51, page 10, July 15, 2024
This chapter is designed to assist in the counting of ballots and is not to be construed to encourage voters to mark their ballots in any way other than (X) or (T) in the box.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-52.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:16 - Counting and canvassing of ballots › Section 5:02:16:44 - Provisional and uncounted absentee ballot return envelope

Current through Register Vol. 51, page 10, July 15, 2024
When ballots are counted at the precinct, provisional ballot envelopes containing provisional ballots and envelopes containing uncounted absentee ballots shall be cumulatively placed in a provisional and uncounted absentee ballot return envelope and sealed. Do not place the sealed envelope and its contents in the ballot box. The sealed envelope shall be returned to the person in charge of the election.
The provisional and uncounted absentee ballot return envelope must be in the following form:
PROVISIONAL AND UNCOUNTED ABSENTEE BALLOT RETURN ENVELOPE
_________________ PRECINCT
TO: COUNTY AUDITOR
__________________________
SOUTH DAKOTA
DO NOT PUT THIS IN BALLOT BOX
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-18-40,  12-20-2.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:02 - Pollbook binding

Current through Register Vol. 51, page 10, July 15, 2024
The cover and sheets of the pollbook must be securely bound.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:03 - Contents of cover

Current through Register Vol. 51, page 10, July 15, 2024
The cover of the pollbook must be in the following form:
DO NOT PUT IN BALLOT BOX
______________ELECTION
POLLBOOK AND OFFICIAL VOTE COUNT WITH TALLY SHEETS
______________ WARD ______________ PRECINCT
CITY
TOWN ______________, ______________COUNTY, SOUTH DAKOTA
TOWNSHIP
ELECTION HELD ON THE ________DAY OF ____________, ______.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:03.01 - Envelope for the pollbook

Current through Register Vol. 51, page 10, July 15, 2024
The pollbook must be placed in the envelope prescribed by §
									5:02:16:40.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-21.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:06 - List of voters

Current through Register Vol. 51, page 10, July 15, 2024
The list of voters must consist of the following three columns.
(1) Column one must be NUMBER OF PERSONS VOTING;
(2) Column two must be NAME OF VOTER; and
(3) Column three must be TYPE OF BALLOTS (small column).
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:07 - Tally sheets

Current through Register Vol. 51, page 10, July 15, 2024
The tally sheets must be ruled by horizontal and perpendicular lines to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the others at an oblique angle. Each fifth perpendicular line in the ruling must be red, so that five squares for tally marks are contained between each two red lines. In a perpendicular column at the left margin of each tally sheet sufficient space must be left to legibly print or write in ink the names of all candidates and all questions submitted to the electors at the election, in the same order as on the official ballots used in the election. At the extreme right margin of the tally sheet there must be a perpendicular column with sufficient space to label the column at the top of the tally sheet as follows: "Total Votes."
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28,  12-16-34,  12-16-39.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:08 - Official vote count

Current through Register Vol. 51, page 10, July 15, 2024
The official vote count must consist of the following four columns:
(1) Column one, TITLE OF OFFICE;
(2) Column two, NAME OF CANDIDATE;
(3) Column three, NUMBER OF VOTES RECEIVED IN FIGURES; and
(4) Column four, NUMBER OF VOTES RECEIVED (write number of votes in words).
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:09 - Certification by precinct election board

Current through Register Vol. 51, page 10, July 15, 2024
The members of the precinct election board shall sign the following certification which is located in the pollbook following the list of voters:
We hereby certify that the above list is a true and correct list of the individuals voting at the election.
___________________________
___________________________
___________________________
___________________________
___________________________
If an electronic pollbook is used, the members of the precinct election board shall sign the following certification which is a separate form:
We hereby certify that the data entered into the electronic pollbook is a true and correct list of the individuals voting at the election.
___________________________
___________________________
___________________________
___________________________
___________________________
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL 12-8-5,  12-16-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:10 - Certification by counting board

Current through Register Vol. 51, page 10, July 15, 2024
The counting board shall sign the following certification which is located in the pollbook following the tally sheet and official vote count and the duplicate tally sheet/official vote count:
We hereby certify that the tally sheet and official vote count contained herein are correct.
__________________________
__________________________
__________________________
__________________________
__________________________
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28,  12-20-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:11 - Official canvass sheet - Municipalities, school districts, and other local jurisdictions

Current through Register Vol. 51, page 10, July 15, 2024
The official canvass sheet used by the governing body of a municipality, school district, or other local jurisdiction to canvass an election shall be in the following form:
OFFICIAL CANVASS SHEET
Date of Election:______________________
Type of Election:______________________
Jurisdiction:__________________________
OFFICE OR QUESTION
Names of Candidates or
"Yes" and "No"
Precincts
Precinct 1
Precinct 2
Precinct 3
Precinct 4
Precinct 5
Precinct 6
Totals
STATE OF SOUTH DAKOTA)
) SS
COUNTY OF _____________)
We,
(list names)
, appointed as the Board of Canvassers because of our positions on the governing board in the jurisdiction of _______________ for the ________________election held on the ______ day of __________, 20____, hereby certify that the foregoing is a true abstract of the votes cast in the jurisdiction of ______________ at the election as shown by the returns certified to the person in charge of the election.
________________________________
________________________________
________________________________
________________________________
________________________________
Sworn to before me this ______ day of ______________, 20____.
________________________________
Person in Charge of the Election
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  9-13-24,  13-7-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:12 - Duties of official board of canvassers for local jurisdiction

Current through Register Vol. 51, page 10, July 15, 2024
The duties of the official board of canvassers for a local jurisdiction are as follows:
(1) Open the returns from each precinct which are found in each poll book;
(2) Satisfy itself that the returns are genuine and not forged;
(3) Tabulate the returns from the precincts and the certification of provisional ballot count;
(4) Declare the result; and
(5) Make an abstract of the results of the votes cast for each of the candidates and each of the issues. The abstract must be signed and certified by the canvassers under the seal of the business manager or finance officer of the local jurisdiction.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  9-13-24,  13-7-18,  12-20-13.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:13 - Certification of provisional ballot count

Current through Register Vol. 51, page 10, July 15, 2024
The certification of provisional ballot count shall be a table containing the following elements:
(1) Precinct Name;
(2) Name of candidate or ballot question;
(3) Number of votes received in figures; and
(4) Number of votes received in words.
The certification shall also contain the following:
STATE OF SOUTH DAKOTA)
) SS
COUNTY OF _____________)
We (list names), appointed as the provisional ballot counting board or provisional ballot resolution board in the jurisdiction of __________ for the ________________ election held on the ____ day of _______________, 20 _____, hereby certify that the foregoing is a true abstract of the provisional votes which were counted for this jurisdiction.
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Sworn to before me this _______ day of _______________, 20_____.
________________________
Person in Charge of the Election
General Authority:
SDCL  12-20-13.1.
Law Implemented:
SDCL  12-20-13.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:17 - Pollbooks and tally sheets › Section 5:02:17:14 - Electronic pollbook security

Current through Register Vol. 51, page 10, July 15, 2024
The file containing active and inactive registered voter names, numbers, ballot types and other voter information for an electronic pollbook must be located in the electronic pollbook. The electronic pollbook file may only be located on a network drive or removable drive if password protected. The electronic pollbook shall be connected to a secure internet or intranet connection.
An electronic pollbook file shall be password protected. The password shall be provided only to the precinct superintendent and person in charge of the election who may not divulge the password to any other person.
No person, other than the precinct election official assigned to operate the electronic pollbook, may be allowed to enter any information into the electronic pollbook.
Following the completion of the recapitulation sheet at the close of the polls, the electronic pollbook file shall be immediately closed so that it is password protected.
The electronic pollbook file may not be reopened prior to the official canvass. If the board of canvassers examines the electronic pollbook file, the board must check the audit trail of the electronic pollbook file prior to opening the file to determine that the file has not been accessed since the close of the polls.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-16-28,  12-18-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:01 - Reconvening of a recount

Current through Register Vol. 51, page 10, July 15, 2024
The recount board may recess from time to time, however, the recount shall not reconvene nor shall the ballots be handled until the appointed time for reconvening. Notice of time and place of meeting shall be given to all three members of the recount board.
General Authority:
SDCL  12-1-9,  12-21-6.1.
Law Implemented:
SDCL  12-21-21,  12-21-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:02 - Staff for recount board

Current through Register Vol. 51, page 10, July 15, 2024
The county auditor shall be responsible for providing administrative support and staff for the recount board.
General Authority:
SDCL  12-1-9,  12-21-6.1.
Law Implemented:
SDCL  12-21-25.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:03 - Precautions to insure against tampering

Current through Register Vol. 51, page 10, July 15, 2024
The county auditor shall take precautions to insure against tampering with the ballots.
General Authority:
SDCL  12-1-9,  12-21-6.1.
Law Implemented:
SDCL  12-21-24,  12-21-27,  12-21-28,  12-21-29,  12-21-30,  12-21-31,  12-21-33.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:04 - Counting rules to apply

Current through Register Vol. 51, page 10, July 15, 2024
The rules in chapters 5:02:09 and 5:02:16 regarding the counting of ballots also apply to recounts.
General Authority:
SDCL  12-1-9(4),  12-21-6.1.
Law Implemented:
SDCL  12-21-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:05 - Candidate's petition for recount

Current through Register Vol. 51, page 10, July 15, 2024
A petition for recount on a race that involves any candidate whose nominating petition was submitted in a county auditor's office to be placed on a primary or general election ballot shall be submitted with the applicable county auditor(s). A statewide candidate or candidate voted on in more than one county (not including municipal, school, or legislative candidates) shall file the petition with the secretary of state. A candidate's petition for recount shall be in the following form:
CANDIDATE'S PETITION FOR RECOUNT
I, _____________________, candidate for the office of _____________________________, believe that a recount will change the result of the election held on the _____ day of __________, 20____, and I petition for a recount of all votes cast for this office in every precinct which has not previously been recounted.
(Signed)_______________________
STATE OF SOUTH DAKOTA)
) SS VERIFICATION
COUNTY OF _____________)
I, ____________________, under oath, state that I read and signed the foregoing petition and know its contents and that, to the best of my knowledge and belief, the statement is true.
(Signed)_______________________
Sworn to before me this _____ day of __________, 20____.
(Seal) ______________________________
Officer Administering Oath
My Commission Expires _________
______________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-21-10,  12-21-11,  12-21-12.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:06 - Precinct voters' petition for recount

Current through Register Vol. 51, page 10, July 15, 2024
The precinct voters' petition for recount shall be filed with the person in charge of the election and shall be in the following form:
PRECINCT VOTERS' PETITION FOR RECOUNT
WE, THE UNDERSIGNED qualified voters of the _________________ precinct in the County of ____________, believe that the official returns from that precinct are erroneous for the following specified candidate or question, ____________________________, and we petition for a recount of all votes cast in that precinct for the office or question for the election held on the _____ day of __________, 20____.
(Signed)________________________
(Signed)________________________
(Signed)________________________
STATE OF SOUTH DAKOTA)
) SS VERIFICATION
COUNTY OF _____________)
We, under oath, state that we read and signed the foregoing petition and know its contents and that, to the best of our knowledge and belief, the statement is true.
(Signed)________________________
(Signed)________________________
(Signed)________________________
Sworn to before me this _____ day of __________, 20____.
(Seal) _______________________________
Officer Administering Oath
My Commission Expires _________
_______________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-21-8.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:07 - Voters' petition for recount on questions submitted to the entire state

Current through Register Vol. 51, page 10, July 15, 2024
The voters' petition for recount on questions submitted to the entire state shall be filed with the secretary of state after being signed by not less than one thousand voters from at least five different counties and shall be in the following form:
VOTERS' PETITION FOR RECOUNT
ON QUESTIONS SUBMITTED TO THE ENTIRE STATE
WE, THE UNDERSIGNED qualified voters of the state of South Dakota, believe that a recount will change the result of the General Election held on the _____ day of November, 20____, for the following question: __________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
and we petition for a recount of all votes cast for or against this question in every precinct which has not previously been recounted.
The balance of the petition form is as prescribed in §
									5:02:08:00.03.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-21-14.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:08 - Certificate of recount

Current through Register Vol. 51, page 10, July 15, 2024
The Certificate of Recount shall be in the following form:
STATE OF SOUTH DAKOTA)
) SS CERTIFICATE OF RECOUNT
COUNTY OF _____________)
WE, THE UNDERSIGNED members of the __________________ (insert jurisdiction) recount board, do hereby certify the results of the recount for the following specified candidates or question _______________________________________ for the election held on the ____ day of __________, _____. We completed the recount on the ____ day of __________, _____.
PRECINCT NAME
CANDIDATE NAME OR YES VOTES
CANDIDATE NAME OR NO VOTES
OFFICIAL CANVASS
RECOUNT
OFFICIAL CANVASS
RECOUNT
________________ ________________________________ ______________________________
________________ ________________________________ ______________________________
________________ ________________________________ ______________________________
TOTALS _______________________________
The following is a brief description of the proceedings of this recount board:
The following is a list of candidates or representatives present during this recount:
Signed by at least two members of the recount board:
_____________________________
Referee or Member of Recount Board
_____________________________
Recount Board Member
_____________________________
Recount Board Member
Attested under SEAL by the ______________ County Auditor:
____________________________
Attest not necessary for municipal or school recounts.
This certificate has been made in duplicate and either the original or duplicate will be filed with the person in charge of the election. The other certificate shall be sent to the secretary of state by registered or certified mail or delivered by hand when the recount involves candidates or a question canvassed by the State Board of Canvassers.
General Authority:
SDCL  12-1-9(4),  12-21-6.1.
Law Implemented:
SDCL  12-21-32.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:09 - Certificate of disputed ballots

Current through Register Vol. 51, page 10, July 15, 2024
The Certificate of Disputed Ballots shall be in the following form:
STATE OF SOUTH DAKOTA)
) SS CERTIFICATE OF DISPUTED BALLOTS
COUNTY OF _____________)
WE, THE UNDERSIGNED members of the ______________ (insert jurisdiction) recount board, do hereby certify this summarization of the rulings made by this recount board and the objections to those rulings as to the ballots cast for the following specified candidates or question _______________________________ for the election held on the ____ day of __________, _____. We completed the recount on the ____ day of __________, _____.
Exhibit Number
Ward and/or Precinct
Counted or Not Counted
Grounds for Dispute
Party Disputing
Signed by at least two members of the recount board:
______________________________
Referee or Member of Recount Board
______________________________
Recount Board Member
______________________________
Recount Board Member
Attested to under SEAL by the ________________ County Auditor:
Attest not necessary for municipal or school recounts.
This certificate will be filed with the person in charge of the election along with the disputed ballots and either the original or duplicate certificate of recount.
General Authority:
SDCL  12-1-9(4),  12-21-6.1.
Law Implemented:
SDCL  12-21-33,  12-21-34.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:10 - Voters' petition for recount in close municipal or school ballot question election

Current through Register Vol. 51, page 10, July 15, 2024
The voters' petition for recount in a close municipal or school ballot question election shall be filed with the person in charge of the election and shall be in the following form:
VOTERS' PETITION FOR RECOUNT IN MUNICIPAL OR SCHOOL BALLOT QUESTION ELECTION
WE, THE UNDERSIGNED qualified voters of the ______________ School District or the municipality of __________________, believe that a recount will change the outcome of the official returns for the following question, _____________________________, and we petition for a recount of all votes cast for the question at the election held on the _______ day of __________, _____.
(Signed) ________________________
(Signed) ________________________
(Signed) ________________________
STATE OF SOUTH DAKOTA)
) ss. VERIFICATION
COUNTY OF _____________)
We, under oath, state that we read and signed the foregoing petition and know its contents and that, to the best of our knowledge and belief, the statement is true.
(Signed) ________________________
(Signed) ________________________
(Signed) ________________________
Sworn to before me this _____ day of ___________, 20___.
(Seal) ______________________________
Officer Administering Oath
My Commission Expires ____________ ______________________________
Title of Officer Administering Oath
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  9-13-27.4,  13-7-19.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:19 - Recounts › Section 5:02:19:11 - Oath of recount board

Current through Register Vol. 51, page 10, July 15, 2024
Before performing recount duties, each recount board member shall take an oath in the following form:
I, A.B., do solemnly swear (or affirm) that I will perform the duties of recount board member according to law and the best of my ability and that I will act in an impartial manner in conducting the recount about to be held.
General Authority:
SDCL  12-1-9(10).
Law Implemented:
SDCL  12-21-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:22 - Vote centers › Section 5:02:22:01 - Submission of vote center plan (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-1-9(4),  12-14-17(6).
Law Implemented:
SDCL  12-1-9(4),  12-14-17(6).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:22 - Vote centers › Section 5:02:22:02 - Ballot form for vote centers

Current through Register Vol. 51, page 10, July 15, 2024
The form of the ballot used in conjunction with vote centers shall comply with chapter 5:02:06 except that the ballot shall designate the ballot style. The designation shall be made in the top right corner on the front of the ballot, which is marked as, ballot style, in the form provided in this section.
Click To View
				  Image
Click To View
				  Image
General Authority:
SDCL  12-1-9(2),  12-14-17(4).
Law Implemented:
SDCL  12-1-9(2),  12-14-17(4).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:22 - Vote centers › Section 5:02:22:03 - Denied applications as contested cases (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-1-9(4),  12-14-17(6).
Law Implemented:
SDCL  12-1-9(4),  12-14-17(6).
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:01 - Oath of post-election audit board

Current through Register Vol. 51, page 10, July 15, 2024
Before performing post-election audit duties, each post-election audit board member shall take an oath in the following form:
I, A.B., do solemnly swear (or affirm) that I will perform the duties of post-election audit board member in good faith, with impartiality, according to law, to the best of my ability in conducting the post-election audit about to be held, and that I meet the qualifications to serve as a member of the post-election audit board.
General Authority:
SDCL  12-1-9(11).
Law Implemented:
SDCL  12-17B-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:02 - Post-Election Audit Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Counted ballot," a voted ballot counted by the post-election auditing board in at least one contest;
(2) "Paper seal," a seal affixed to ballot receptacles or containers;
(3) "Board Member," A member of the post-election auditing board cannot be a person who worked as an election worker in the election being audited. Members must be of different political parties and registered voters in the county where the audit is taking place. No member may be a candidate for office that is on the ballot being audited;
(4) "Over vote," a race in which more votes were cast on a ballot than allowed for that race
(5) "Voted ballot," a ballot placed in the ballot box at any time;
(6) "Write-in vote," a name written on a ballot in an attempt to indicate a vote for that person.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:03 - Notice of appointment of Post-Election Auditing board

Current through Register Vol. 51, page 10, July 15, 2024
The notice of appointment of the Post-Election Auditing board must be in the following form:
STATE OF SOUTH DAKOTA
)
) SS NOTICE OF APPOINTMENT
COUNTY OF _____________
)
TO
____________________ Auditing Board Member, _______ party____
___________________ Auditing Board Member, ________ party ______
___________________ Auditing Board Member, ________ party
___________________ Auditing Board Member, ________ party____
___________________ Auditing Board Member, _______ party
___________________ Auditing Board Member, party (add/remove lines as necessary)
You are appointed as a member of the post-election audit for the 20 _____ (primary or general) election in _________, _____________ County, on (June or November) _____, 20____. Please report to __________ at _____ am/p.m. the day of the post-election audit. If you are unable to serve, please notify the county auditor immediately.
The post-election audit training will be held at ________________ on the ____ day of ____________, 20____, at __________ m.
Witness my hand and the seal of this county, this ____ day of ____________, 20____.
______________________________
County Auditor
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:04 - Signing of oaths

Current through Register Vol. 51, page 10, July 15, 2024
The post-election auditing board, before assuming its duties, shall execute the oath of office prescribed in 5:02:23:01.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:05 - Staff for post-election auditing board

Current through Register Vol. 51, page 10, July 15, 2024
The county auditor shall be responsible for providing administrative support and staff for the post-election auditing board.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18,  12-17B-22.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:06 - Post-election auditing board receipt for official ballots

Current through Register Vol. 51, page 10, July 15, 2024
The post-election auditing board's receipt for the official ballots shall be in the following form:
STATE OF SOUTH DAKOTA
__________ COUNTY
____________ PRECINCT
We, the Post-Election Auditing Board Members, do hereby certify that on the ____ day of _______________, 20____, at the post-election audit for the (Primary or General) election held on _______________, 20____, we received from ____________________, County Auditor, a sealed package containing the following official ballots:
(Here list the official ballots received)
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
for the purpose of conducting a post-election audit.
Dated this ____ day of ____________, 20____.
_____________________________________ Post-Election Auditing Board member
_____________________________________ Post-Election Auditing Board member
_____________________________________ Post-Election Auditing Board member
_____________________________________ Post-Election Auditing Board member
_____________________________________ Post-Election Auditing Board member (add additional lines when necessary)
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:23 - Post-Election Audits › Section 5:02:23:07 - Public vote count

Current through Register Vol. 51, page 10, July 15, 2024
In the presence of all persons desiring to attend the post-election audit vote counting, the post-election auditing board shall immediately proceed to publicly hand-count the votes and shall continue without adjournment until the count is completed. The post-election auditing board may not exclude or prohibit any member of the public from witnessing any portion of the postelection audit vote counting, so long as that person's conduct is not disruptive.
General Authority:
SDCL  12-1-9(4), (11).
Law Implemented:
SDCL  12-17B-18,  12-17B-22.