reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:17 - Examination of voting booths

Current through Register Vol. 51, page 10, July 15, 2024
Before voting begins and periodically thereafter on election day, members of the election board shall examine all voting booths and remove campaign cards, political advertising, or other matter constituting an unauthorized attempt to influence voters.
General Authority:
SDCL  12-17B-17(4).
Law Implemented:
SDCL  12-18-1.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:09 - Automatic tabulating equipment › Section 5:02:09:22 - Counting imperfectly marked optical scan ballots

Current through Register Vol. 51, page 10, July 15, 2024
A mark that touches the oval on an optical scan ballot shall be counted as a vote; any mark that does not touch the oval and is not in the oval 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 5:02:10 - Absentee voting › Section 5:02:10:01.01 - Receipt for absentee ballot

Current through Register Vol. 51, page 10, July 15, 2024
When anyone returns a voted ballot in person, the auditor's receipt for that absentee ballot shall be in the following form:
RECEIPT FOR ABSENTEE BALLOT
I acknowledge receipt of the absentee ballot voted by _____________________ whose voting precinct is ____________ and whose permanent residence is _____________________________. I received this absentee ballot from _____________________.
Signed on this _____ day of
_______________, 20____.
______________________________
(Signature)
Person in Charge of the Election
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:01.02 - Guidelines for acceptance of facsimile absentee ballot applications from UOCAVA voters

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge of the election shall upon request make a fax number or email address available to Uniform and Overseas Citizens Absentee Voting Act (UOCAVA) voters for the purpose of sending a facsimile or emailed image of their signed absentee ballot application or request.
The facsimile or emailed image must be legible.
If the application or request is not legible, the person in charge of the election shall attempt to notify the voter as soon as possible by telephone or email if such contact information is provided.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-19-2.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:01.03 - Combined absentee ballot application/return envelope

Current through Register Vol. 51, page 10, July 15, 2024
The application for an in-office absentee ballot shall be printed in the following form on an envelope used for sealing the voted ballot:
APPLICATION FOR IN-OFFICE ABSENTEE BALLOT
___________________ COUNTY, SOUTH DAKOTA
My printed name as it appears on the voter registration list is:____________________________
My voter registration residence address is: ___________________________________________
(address)
(city)
Check the election for which you are requesting an absentee ballot:
[] Primary If you are registered as an independent and are requesting a primary ballot, you may have a choice of ballots. Please check one of the following: G Non-political ballot or G Democratic Party ballot
[] General
[] Municipal
[] School
[] Special ___________________(specify jurisdiction)
If request is for a municipal or school election:
I have lived in that jurisdiction at least 30 days in the last year. Yes G No G
I am a full-time postsecondary student who resided in that jurisdiction immediately prior to leaving for postsecondary education. Yes G No G
I am on active duty military and my home of record is in that jurisdiction. Yes G No G
I, under penalty of impersonating a registered voter (5 years imprisonment and $10,000 fine), state that I am the person named above, these statements made by me are true and correct, and that I will vote the ballot which will be enclosed in this envelope.
______________________________________ ___________________
Voter Signature Date
INSTRUCTIONS TO THE VOTER
§ Mark your ballot privately.
§ Do not fold your ballot.
§ Place your ballot in this envelope and seal it securely.
§ Return the envelope immediately to the person in charge of the election.
Auditor Office Use Only:
Voter Precinct: ________
Type of ID: _________
Printers Note: When this form is printed for primary, general, or other county elections, reference to municipal and school elections may be omitted. The instruction to "not fold your ballot" may be changed if the ballot is to be folded.
General Authority:
SDCL  12-1-9(8),  12-19-2.5.
Law Implemented:
SDCL  12-19-2,  12-19-2.1,  12-19-9.1,  12-19-2.5,  12-26-7,  22-6-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:02 - Envelope for transmitting ballot application to superintendent of elections (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:03 - Envelope for sending ballots to voter

Current through Register Vol. 51, page 10, July 15, 2024
Prior to January 1, 2011, the envelope for sending ballots to voters may follow the specifications provided in this section that were in effect on May 7, 2009.
All ballots mailed to any absentee voter shall be enclosed in an envelope securely sealed and addressed to the absentee voter as indicated on the application for ballots. The envelope shall conform to the following specifications:
(1) It shall be of minimum practicable size and weight;
(2) Across the face of the envelope shall be printed the words "OFFICIAL ABSENTEE VOTING MATERIAL FIRST CLASS MAIL";
(3) In the upper left corner of the face of the envelope shall be printed the return address of the person in charge of the election; and
(4) Between the return address and the postage shall be printed the "medium use" official election mail logo as prescribed by the U.S. Postal Service. There must be a minimum one-quarter inch clear area around the entire logo.
General Authority:
SDCL  12-1-9(8).
Law Implemented:
SDCL  12-19-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:04 - Instructions to absentee voters

Current through Register Vol. 51, page 10, July 15, 2024
All ballots mailed or delivered to absentee voters shall include instructions that read as follows:
TO THE VOTER:
* Mark your ballot privately.
Fill in the oval
Click Here to View
				  Image
next to the name or ballot question. Use only the pencil or marker given to you!
* (insert a statement regarding whether and how many times the ballot should be folded).
* Place your ballot in the return envelope and seal it securely.
* Complete the statement on the back of the return envelope and
SIGN IT
.
* Mail the ballot (voter must pay for postage to mail the ballot unless the voter is covered under the UOCAVA act), deliver it in person, or have someone deliver it for you to the person in charge of the election.
Do not return absentee ballot to your polling place
.
* The ballot must be received by the person in charge of the election in time to transmit it to your precinct polling place before the polls close on election day.
* Additional information on absentee voting is available at
www.sdsos.gov
.
Printers Note: Use correct return time designation in sixth bullet point.
General Authority:
SDCL  12-1-9(9).
Law Implemented:
SDCL  12-19-4,  12-19-5,  12-19-41.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:05 - Official return envelope for ballots used in voting

Current through Register Vol. 51, page 10, July 15, 2024
Prior to January 1, 2011, the envelope for sending ballots to voter may follow the specifications provided in this section that were in effect on May 27, 2009.
The official return envelope for the absentee voter's ballot shall conform to the following specifications except as provided in §
									5:02:10:08:
(1) It is the minimum practicable size and weight utilizing a white security or heavy manila envelope;
(2) Blank lines for the return address of the voter are printed in the upper left corner of the face of the envelope;
(3) The words, "OFFICIAL BALLOT TO BE VOTED AT _________ Precinct in __________ County, S.D., at the __________ Election." may be printed in the lower left corner of the face of the envelope;
(4) Between the return address and the postage shall be printed the "medium use" official election mail logo as prescribed by the U.S. Postal Service. There must be a minimum one-quarter inch clear area around the entire logo;
(5) The words, "Place Stamp Here" are printed inside a box in the upper right corner;
(6) The return envelope is addressed to the person in charge of the local election in which the home precinct of the absentee voter is situated;
(7) The return envelope has the following statement printed on its reverse:
STATEMENT OF ABSENTEE VOTER
I, _______________________________, under penalty of impersonating a registered voter (5 years imprisonment and $10,000 fine), state that I am a registered voter in the county and state named on the front of this envelope, and that I have voted the enclosed ballot.
____________________________
(bold)
Signature of Voter
(unbold)
and
(8) The words "Must be received by the person in charge of the election by Election Day or the ballot will not be counted." are printed above or below the Statement of Absentee Voter.
General Authority:
SDCL  12-1-9(8).
Law Implemented:
SDCL  12-19-4,  12-26-7,  22-6-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:06 - Official record of absentee ballots delivered to voters

Current through Register Vol. 51, page 10, July 15, 2024
The official record of absentee ballots delivered to voters shall be in either a paper file or an electronic file. The county auditor may use a computer file that is linked to the master voter registration file. These records must contain the following information:
(1) Date of election and party designation if primary ballot;
(2) Name of voter;
(3) Current mailing address of voter;
(4) Voting precinct;
(5) Regular or UOCAVA voter;
(6) Date mailed to voter, given to authorized messenger, or voted in office;
(7) Name of authorized messenger;
(8) Date returned;
(9) Date application received;
(10) Email address if electronic transmission requested by UOCAVA voter (this is only for an election a county auditor runs, a local election does not have the option to transmit a ballot electronically through the state UOCAVA system); and
(11) Voter registration address.
General Authority:
SDCL  12-1-9(4).
Law Implemented:
SDCL  12-19-2,  12-19-2.1,  12-19-2.2,  12-19-2.3,  12-19-2.5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:08 - Envelopes for use with voting service and overseas ballots

Current through Register Vol. 51, page 10, July 15, 2024
The envelopes used in connection with voting service and overseas ballots must be printed in black ink and must meet the following federal guidelines:
BALLOT TRANSMISSION ENVELOPE
Suggested Max
Height 6 1/8 inches
Length 11 1/2 inches
Min
Height 3 1/2 inches
Length 5 1/2 inches
Use Black Ink
Printer Note: If an auditor needs to exceed the suggested maximum height and length, that is allowed.
Click
				  Here To View Image
BALLOT RETURN ENVELOPE
If mailed in non U.S. Postal System -- Voter must pay postage
Suggested Max
Height 6 1/8 inches
Length 11 1/2 inches
Min
Height 3 1/2 inches
Length 5 1/2 inches
Use Black Ink
Printer Note: If an auditor needs to exceed the suggested maximum height and length, that is allowed.
Click
				  Here To View Image
The ballot return envelope must be a white security envelope or heavy manila envelope. The following must be printed on the reverse of the return envelope to the county auditor:
I, _________________________________, under penalty of impersonating a registered voter (five years imprisonment and $10,000 fine), state that I am a registered voter and that I have voted the enclosed ballot.
_______________________________
Signature of Voter
General Authority:
SDCL  12-1-9(8).
Law Implemented:
SDCL  12-19-3,  12-19-4,  12-19-5,  12-26-7,  22-6-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:10 - Absentee voting › Section 5:02:10:09 - Nursing facility, assisted living center, or hospital absentee voting

Current through Register Vol. 51, page 10, July 15, 2024
When the county auditor or the county auditor's designee is at a facility to conduct absentee voting, a resident who wishes to vote using an absentee ballot must be given an absentee ballot. The ballot must be filled out alone, yet in the presence of the auditor or the auditor's designee. Any notified person listed in SDCL  12-19-9.1 may also be present.
The auditor or the auditor's designee must be present during the entire time the absentee voting is being conducted.
The auditor or the auditor's designee shall give each resident of the facility who votes by absentee ballot the instructions in conformity with §5:02:10:01.03.
The ballot box used at a facility must be sealed at the auditor's office prior to transporting to a facility and may only be used for absentee voting at a facility.
While at the facility, the auditor or the auditor's designee shall place the completed absentee ballot into a ballot box. If the ballot box is used at more than one facility, the auditor must maintain a log of the facilities and the date of the voting.
The ballot box must be transported to the auditor's office by the auditor or the auditor's designee and secured in accordance with SDCL ch 12-20 and §
									5:02:16:37.
Upon return to the auditor's office the ballots must be processed in the same manner as all in-person absentee ballots and stored in a secure storage area.
For purposes of this section, the term, facility, means a nursing facility, assisted living center, or hospital as defined in SDCL  34-12-1.1.
General Authority:
SDCL  12-1-9(4)(9),  12-19-9.1.
Law Implemented:
SDCL  12-19-9.1,  12-19-9.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:11 - Voting Rights Act › Section 5:02:11:01 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of this chapter is to implement SDCL  12-3-6 to  12-3-13 and the Voting Rights Act Amendments of 1975, PL 94-73.
General Authority:
SDCL  12-3-13.
Law Implemented:
SDCL  12-3-6 to  12-3-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:11 - Voting Rights Act › Section 5:02:11:02 - Counties covered

Current through Register Vol. 51, page 10, July 15, 2024
If the proper federal authorities add any counties, these rules shall apply without amendments. If the proper federal authorities remove counties from coverage, such counties need not comply.
General Authority:
SDCL  12-3-13.
Law Implemented:
SDCL  12-3-6 to  12-3-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:11 - Voting Rights Act › Section 5:02:11:03 - Language minority defined

Current through Register Vol. 51, page 10, July 15, 2024
Language minority means persons who are American Indian, Asian American, Alaskan natives or of Spanish heritage.
General Authority:
SDCL  12-3-13.
Law Implemented:
SDCL  12-3-6 to  12-3-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:11 - Voting Rights Act › Section 5:02:11:04 - Exemption procedure

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL  12-3-6 to  12-3-13, inclusive, the county auditor and state's attorney of a county determined to be covered by the Voting Rights Act Amendments of 1975 may proceed as follows in order to be exempt:
(1) Certify that the most recent census figures show a precinct has less than five per cent Indian adult population;
(2) Certify that a precinct's illiteracy rate is below the national average.
These facts may be shown by actual count. The facts shall be certified to the secretary of state by affidavit of the county auditor and state's attorney.
General Authority:
SDCL  12-3-13.
Law Implemented:
SDCL  12-3-6 to  12-3-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:11 - Voting Rights Act › Section 5:02:11:05 - Interpreter assistance

Current through Register Vol. 51, page 10, July 15, 2024
The county auditor shall appoint one interpreter for each precinct. This officially appointed interpreter shall subscribe to an oath which shall be in the same form as election precinct board members. Each political party or independent candidate or group proposing or opposing a measure may have interpreters present.
General Authority:
SDCL  12-3-13.
Law Implemented:
SDCL  12-3-6 to  12-3-13.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:12 - Interpretive rules › Section 5:02:12:01 - Poll watchers - Primary election

Current through Register Vol. 51, page 10, July 15, 2024
At least one poll watcher for each candidate, one poll watcher for each slate of national convention delegates and alternates, and one poll watcher for each side of any ballot issue to be voted on may be present at each polling place for primary elections.
General Authority:
SDCL  12-18-8.1.
Law Implemented:
SDCL  12-18-8.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:12 - Interpretive rules › Section 5:02:12:02 - Poll watchers - General election

Current through Register Vol. 51, page 10, July 15, 2024
At least one poll watcher for each political party, one poll watcher for each independent candidate, one poll watcher for each slate of presidential electors, and one poll watcher for each side of any ballot issue to be voted on may be present at each polling place for general elections.
General Authority:
SDCL  12-18-8.1.
Law Implemented:
SDCL  12-18-8.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:12 - Interpretive rules › Section 5:02:12:03 - Additional poll watchers permitted

Current through Register Vol. 51, page 10, July 15, 2024
If there is adequate space at the polling place, this chapter does not preclude increasing the number of poll watchers.
General Authority:
SDCL  12-18-8.1.
Law Implemented:
SDCL  12-18-8.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:14 - Absentee ballot precincts › Section 5:02:14:01 - Official stamp

Current through Register Vol. 51, page 10, July 15, 2024
The form of the official stamp shall read as follows:
OFFICIAL BALLOT
ABSENTEE BALLOT PRECINCT
_________________ COUNTY
(Date of Election)
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-16-30.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:14 - Absentee ballot precincts › Section 5:02:14:02 - Ballot wrappers

Current through Register Vol. 51, page 10, July 15, 2024
Ballot wrappers in the absentee ballot precinct shall read as follows:
Absentee Ballot Precinct Wrapper for __________ Precinct of ___________ County, State of South Dakota, ___________ Election, _____ day of __________, 20____; Contains ___________ Ballots.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-47.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:14 - Absentee ballot precincts › Section 5:02:14:03 - Pollbooks

Current through Register Vol. 51, page 10, July 15, 2024
Pollbooks for absentee ballot precincts may be in loose-leaf form and in the general form and number as pollbooks in regular precincts except there shall be sufficient space in the pollbook for each election precinct which will be counted in the absentee ballot precinct.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-50.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:14 - Absentee ballot precincts › Section 5:02:14:04 - Tally sheets

Current through Register Vol. 51, page 10, July 15, 2024
The tally sheets for absentee ballot precincts shall be in the same form as tally sheets in regular precincts except there shall be provided enough space for all precincts which will be counted.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-50.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:14 - Absentee ballot precincts › Section 5:02:14:05 - Ballot boxes

Current through Register Vol. 51, page 10, July 15, 2024
One or more ballot boxes may be used in the absentee ballot precinct. Ballot boxes shall be constructed in the same manner as ballot boxes in regular precincts and the seals shall also be the same. After each precinct's ballots have been counted and the wrappers attached, all such ballots shall be sealed in the ballot boxes in the same manner as in regular precincts.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-19-47.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:01 - County candidates not on ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for county candidates not appearing on the general election ballot shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
COUNTY OF ______________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY THAT
was duly nominated and having no opposition at the General Election is hereby declared elected to the office of ______________ for __________ County for the term of ____ years, beginning ______________.
IN WITNESS WHEREOF I have hereunto set my hand and seal this _____ day of __________, ______.
(Seal) ____________________________
COUNTY AUDITOR
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-16-1.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:02 - County candidates on ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for county candidates appearing on the general election ballot shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ______________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of November, 20____, at a general election,
was elected by the qualified voters of __________ County of the State of South Dakota to the office of ______________ for the term of _____ years, beginning ______________.
IN WITNESS WHEREOF I have hereunto set my hand and seal this _____ day of November, 20____.
(Seal) ____________________________
COUNTY AUDITOR
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-40.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:04 - State legislative candidates on ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for state legislative candidates appearing on the general election ballot shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of November, 20____, at a general election held throughout the State, __________________________________________________________ was duly elected by the qualified voters of the _______ Legislative District of the State of South Dakota to the office of State Senator (Representative) for the term of two years, beginning the _____ day of January, 20____.
IN WITNESS WHEREOF, We have hereunto set our hands and caused the Seal of the State to be affixed at Pierre, the Capital, this _____ day of __________, 20____.
____________________________
Governor
Attested by:
____________________________
(Seal) Secretary of State
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-49.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:05 - Statewide offices

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for statewide offices shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of November, 20____, at a general election,
was elected by the qualified voters of the State of South Dakota to the office of ______________ for the term of _____ years, beginning on the _____ day of January, 20____.
IN WITNESS we have signed this certificate and affixed the Seal of the State at Pierre, the capital, this _____ day of _________, 20____.
____________________________
Governor
Attested by:
(Seal) ____________________________
Secretary of State
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-49.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:06 - Circuit court judge

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for circuit court judge shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of November, 20____, at a general election held throughout the State, ________________________________________________________ was duly elected by the qualified voters of the _______ Judicial Circuit of the State of South Dakota to the office of Circuit Court Judge for the term of eight years, beginning on the _____ day of January, 20____.
IN WITNESS WHEREOF, We have hereunto set our hands and caused the Seal of the State to be affixed at Pierre, the Capital, this _____ day of __________, 20____.
____________________________
Governor
Attested by:
(Seal) ____________________________
Secretary of State
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-49.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:07 - Supreme Court justice

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of retention for Supreme Court justice shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CERTIFICATE OF RETENTION
THIS IS TO CERTIFY that on the _____ day of November, 20____, at a general election,
was retained by the qualified voters of the State of South Dakota in the office of Supreme Court Justice for the term of eight years beginning on the _____ day of January, 20____.
IN WITNESS WHEREOF, We have hereunto set our hands and caused the Seal of the State to be affixed at Pierre, the Capital, this _____ day of __________, 20____.
____________________________
Governor
Attested by:
(Seal) ____________________________
Secretary of State
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-49.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:08 - Municipal candidate not on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a municipal candidate not on the ballot shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ______________
MUNICIPALITY OF ______________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY THAT
was duly nominated and having no opposition at the Municipal Election is hereby declared elected to the office of ___________ for a term of _____years, beginning ___________.
Dated at ___________________, South Dakota, this _____ day of __________, 20 ____.
_______________________________
(Clerk, Auditor or Finance Officer)
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  9-13-5.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:09 - Municipal candidate on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a municipal candidate on the ballot shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF _____________
MUNICIPALITY OF ______________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the ________ day of __________, 20____, at the municipal election held throughout the city of ______________
was duly elected by the qualified voters of the city of __________ to the office of ______________ for a term of ______ year(s) beginning ______________.
Dated at ___________________, South Dakota, this _____ day of __________, 20____.
_______________________________
(Clerk, Auditor or Finance Officer)
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  9-13-28.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:10 - School board candidate not on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a school board candidate not on the ballot shall be in the following form:
STATE OF SOUTH DAKOTA
____________ SCHOOL DISTRICT NO. ____
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY THAT
was duly nominated and having no opposition at the School Board Election is hereby declared elected to the School Board of ______________ School District No. ____ for a term of ______ year(s), beginning ______________.
Dated at ________________, South Dakota, this _____ day of ______________, 20____.
____________________________
Business Manager
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-7-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:11 - School board candidate on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a school board candidate on the ballot shall be as follows:
STATE OF SOUTH DAKOTA
__________SCHOOL DISTRICT NO.____
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of __________, 20____, at the school district election held throughout the __________ School District No. ____
was duly elected by the qualified voters of the district to the School Board for a term of ______ year(s) beginning ___________.
Dated at _________________, South Dakota, this ____ day of ______________, 20____.
____________________________
Business Manager
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  13-7-18.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:12 - Precinct committeeman, committeewoman, state delegate, or alternate not on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a precinct committeeman, committeewoman, state delegate, or alternate not on the ballot shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ___________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY THAT
having no opposition at the primary election is hereby declared elected by the ______________ political party to the office of ______________.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the County of ___________ to be affixed at ________________, the county seat, on behalf of the _____________ County canvassing board, this _____ day of __________, 20____.
(Seal) ____________________________
County Auditor
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-5-2,  12-6-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:13 - Precinct committeeman, committeewoman, state delegate, or alternate on the ballot

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of election for a precinct committeeman, committeewoman, state delegate, or alternate on the ballot shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ___________
CERTIFICATE OF ELECTION
THIS IS TO CERTIFY that on the _____ day of June, 20____, at the primary election held throughout the county ________________________________________________________ was duly elected by the ______________ political party to the office of ______________.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the County of ___________ to be affixed at ________________, the county seat, on behalf of the ______________ County canvassing board, this _____ day of __________, 20____.
(Seal) ____________________________
County Auditor
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-8-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:14 - Certificate of nomination at county primary election

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of nomination at the county primary election shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ___________
CERTIFICATE OF NOMINATION
THIS IS TO CERTIFY that on the _____ day of June, 20____, at a primary election held throughout the county, ___________________________________________________ was duly chosen by the qualified voters as the nominee of the ______________ party for the office of ______________.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the County of ______________ to be affixed at ________________, the county seat, on behalf of the ____________ County canvassing board, this _____ day of __________, 20____.
(Seal) ____________________________
County Auditor
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-8-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:15 - Certificate of nomination at county primary election without opposition

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of nomination at the county primary election for a candidate without opposition shall be in the following form:
STATE OF SOUTH DAKOTA
COUNTY OF ___________
CERTIFICATE OF NOMINATION
THIS IS TO CERTIFY THAT
having no opposition at the primary election is hereby nominated by the ____________ Party for the office of _________________________.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of ____________, 20____.
(Seal) ____________________________
County Auditor
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-6-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:15 - Certificates of election, nomination › Section 5:02:15:16 - Certificate of nomination for legislative candidate with no primary opposition

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of nomination for a legislative candidate with no primary opposition shall be in the following form:
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CERTIFICATE OF NOMINATION
THIS IS TO CERTIFY THAT
having no opposition at the primary election is hereby nominated by the _________________ Party to the office of _______________________.
IN WITNESS WHEREOF, We have hereunto set our hands and caused the Seal of the State to be affixed at Pierre, the Capital, this _____ day of ___________, 20____.
______________________________
Attested by:
______________________________
Secretary of State
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-20-49.
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 5:02:16:00 - 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 election or counting board in at least one race;
(2) "Duplicate ballots," two or more identical ballots stuck together given to one voter;
(3) "Metal seal," a device to seal ballot boxes, such as a metal closure designed to be broken or a padlock;
(4) "Over vote," a race in which more votes were cast on a ballot than allowed for that race;
(5) "Rejected ballot," or "ballot voted but not counted," a voted ballot which was not counted for any reason, including an unstamped ballot or an excess ballot;
(6) "Spoiled ballot," a ballot marked by a voter but never placed in the ballot box at any time. A voted ballot not counted by the board is not a spoiled ballot;
(7) "Unused ballot," a ballot never stamped or marked by a voter;
(8) "Unvoted ballot," a ballot never placed in the ballot box;
(9) "Voted ballot," a ballot placed in the ballot box at any time;
(10) "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),  12-20-52.
Law Implemented:
SDCL  12-20-1,  12-15-14,  12-15-14.1.
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 5:02:16:01 - Delivery of supplies to counting board - Signing of certificate

Current through Register Vol. 51, page 10, July 15, 2024
If a counting board has been appointed, the precinct election board shall immediately upon the close of the polls deliver the ballot boxes, registration books, pollbook, and other election supplies, including voided and unused ballots, to the counting board and sign the certificate required by §
									5:02:05:01.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-1,  12-15-14,  12-15-14.1.
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 5:02:16:01.01 - Ballot box security

Current through Register Vol. 51, page 10, July 15, 2024
The person in charge of the election may place a receptacle or container within the person's office for voters to return a voted absentee ballot. If a receptacle or container is used, the person in charge of the election, or the person's designated staff must ensure the receptacle or container is:
(1) Visible to the public and staff at all times while in use, or is monitored by a security camera that is recording with the recording stored for at least twenty-two months;
(2) Secured by a seal with a serial number or by a padlock. If a seal is used, the serial number must be recorded and compared at the time the receptacle or container is opened and ballots are removed from the receptacle or container for processing. If a padlock is used, the key must be secured so only the person in charge of the election or the person's designated staff have access to it;
(3) Audited at least daily, to verify that the number of ballots received each day match the number of ballots shown as received in Total Vote; and
(4) Emptied at least daily and the absentee ballot envelopes moved to a secure location in the office of the person in charge of the election that is only accessible to the person and to the person's designated staff.
General Authority:
SDCL  12-1-9(4),  12-19-9.3.
Law Implemented:
SDCL  12-19-9.3.
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 5:02:16:02 - Signing of oaths

Current through Register Vol. 51, page 10, July 15, 2024
The counting board, before assuming its duties, shall execute the oath of office printed in the pollbook.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-1,  12-15-14,  12-15-14.1,  12-15-14.2.
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 5:02:16:03 - Public vote count

Current through Register Vol. 51, page 10, July 15, 2024
In the presence of all persons desiring to attend the vote counting, the precinct election board or counting board shall immediately proceed to publicly count the votes received at the polls and shall continue without adjournment until the count is completed. The precinct election board or counting board may not exclude or prohibit any member of the public from witnessing any portion of the vote counting, so long as that person's conduct is not disruptive.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-15-14,  12-15-14.1,  12-20-1,  12-26-22.
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 5:02:16:04 - Use of tally sheets

Current through Register Vol. 51, page 10, July 15, 2024
The precinct election board or the counting board shall use the tally sheets prescribed by §
									5:02:17:07  in the vote counting.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-15-14,  12-15-14.1,  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 5:02:16:05 - Comparison of registration list and pollbook

Current through Register Vol. 51, page 10, July 15, 2024
The counting board shall begin the vote count by counting the ballots as prescribed in §§
									5:02:16:06  to 5:02:16:08, inclusive. If the ballot count does not agree with the number of voters in the pollbook, a comparison of the voters in the pollbook and the registration list shall be made and any mistakes corrected. If a mistake is made otherwise, the board by majority vote shall decide.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-2.
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 5:02:16:06 - Opening ballot box

Current through Register Vol. 51, page 10, July 15, 2024
The ballot box shall then 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 counting board unopened, except to ascertain if each ballot is single.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-2.
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 5:02:16:07 - Folded ballots separated

Current through Register Vol. 51, page 10, July 15, 2024
If two or more ballots are found folded together presenting the appearance of a single ballot, the ballots shall be laid aside until the count of the ballots is completed. If, upon the comparison of the count of the pollbook and after considering the appearance of the ballots, a majority of the counting board is of the opinion that the folded ballots were voted by one voter, the ballots shall be stapled together and endorsed as "duplicate ballot of one voter not counted."
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-2.
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 5:02:16:08 - Duplicate ballots

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of determining the proper number of ballots in the box, any ballots folded together determined to be duplicate ballots of one voter shall be counted as a single ballot. There are two types of duplicate ballots as follows:
(1) If a voter was given two or more identical ballots stuck together and voted only one of them, the voted ballot shall be counted. The election or counting board will find the duplicate ballots folded together in the ballot box with the ballot stamp on the back copy and the votes marked on the top copy; and
(2) If a voter was given two or more identical ballots stuck together and voted more than one of them, none of the voted ballots may be counted.
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-2.
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 5:02:16:09 - Drawing of excess ballots

Current through Register Vol. 51, page 10, July 15, 2024
If the number of ballots in the ballot box shall be found to exceed in number the number of voters in the pollbook, as reconciled by §§
									5:02:16:05  and 5:02:16:08, the ballots shall be replaced in the box, after any ballots folded together are stapled and endorsed, and one of the counting board members shall publicly draw from the ballot box, as many ballots, unopened, as shall be equal to the excess.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-3.
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 5:02:16:09.01 - Endorsing of excess ballots

Current through Register Vol. 51, page 10, July 15, 2024
Any excess ballots drawn from the ballot box pursuant to §
									5:02:16:09  shall be endorsed "Excess Ballots Not Counted."
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-3.
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 5:02:16:10 - Unstamped ballots

Current through Register Vol. 51, page 10, July 15, 2024
In the counting of the official vote, any ballot not covered by §
									5:02:16:07, 5:02:16:08, or 5:02:16:09.01 which is not endorsed by the official stamp is void and may not be counted. All such ballots shall be endorsed "unstamped ballot."
General Authority:
SDCL  12-1-9,  12-20-52.
Law Implemented:
SDCL  12-20-6.
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 5:02:16:11 - Separation of ballots

Current through Register Vol. 51, page 10, July 15, 2024
The counting board shall next proceed to further separate the ballots.
General Authority:
SDCL  12-1-9(4),  12-20-52.
Law Implemented:
SDCL  12-20-5.