Administrative Rule 05:02:16 | South Dakota Legislature

(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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999; 26 SDR 168, effective June 25, 2000; 36 SDR 112, effective January 11, 2010.

General Authority: SDCL 12-1-9(4), 12-20-52.

Law Implemented: SDCL 12-20-1, 12-15-14, 12-15-14.1.

Rule 05:02:16:01 Delivery of supplies to counting board -- Signing of certificate.

5:02:16:01. Delivery of supplies to counting board -- Signing of certificate. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-1, 12-15-14, 12-15-14.1.

05:02:16:01.01. Ballot drop box security. The person in charge of the election may place a receptacle or container at 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 each business day, to verify that the number of ballots received match the number of ballots shown as received in Total Vote; and

(4) Emptied at least daily during normal business hours, moving the absentee ballots to a secure location in the office of the person in charge of the election that is only accessible to the person and the person’s designated staff.

Source: 50 SDR 66, effectice December 5, 2023.

General Authority: SDCL 12-1-9(4), 12-19-9.3.

Law Implemented: SDCL 12-19-9.3.

Rule 05:02:16:02 Signing of oaths.

5:02:16:02. Signing of oaths. The counting board, before assuming its duties, shall execute the oath of office printed in the pollbook.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

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.

Rule 05:02:16:03 Public vote count.

5:02:16:03. Public vote count. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

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.

Rule 05:02:16:04 Use of tally sheets.

5:02:16:04. Use of tally sheets. The precinct election board or the counting board shall use the tally sheets prescribed by § 5:02:17:07 in the vote counting.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-15-14, 12-15-14.1, 12-20-1.

Rule 05:02:16:05 Comparison of registration list and pollbook.

5:02:16:05. Comparison of registration list and pollbook. 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.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-2.

Rule 05:02:16:06 Opening ballot box.

5:02:16:06. Opening ballot box. 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.

Source: 4 SDR 26, effective October 27, 1977; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-2.

Rule 05:02:16:07 Folded ballots separated.

5:02:16:07. Folded ballots separated. 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."

Source: 4 SDR 26, effective October 27, 1977; 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-2.

Rule 05:02:16:08 Duplicate ballots.

5:02:16:08. Duplicate ballots. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-2.

Rule 05:02:16:09 Drawing of excess ballots.

5:02:16:09. Drawing of excess ballots. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-3.

Rule 05:02:16:09.01 Endorsing of excess ballots.

5:02:16:09.01. Endorsing of excess ballots. Any excess ballots drawn from the ballot box pursuant to § 5:02:16:09 shall be endorsed "Excess Ballots Not Counted."

Source: 4 SDR 26, effective October 27, 1977.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-3.

Rule 05:02:16:10 Unstamped ballots.

5:02:16:10. Unstamped ballots. 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."

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-6.

Rule 05:02:16:11 Separation of ballots.

5:02:16:11. Separation of ballots. The counting board shall next proceed to further separate the ballots.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-5.

Rule 05:02:16:12 Order of vote counting.

5:02:16:12. Order of vote counting. The counting of votes for each candidate shall be in the same order as the candidates appear on the ballot.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-5.

Rule 05:02:16:13 Repealed.

5:02:16:13. Scrutiny of ballots by judges.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993; 23 SDR 236, effective July 17, 1997; repealed, 25 SDR 167, effective July 6, 1999.

Rule 05:02:16:14 Scrutiny of ballots by counting board.

5:02:16:14. Scrutiny of ballots by counting board. 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.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-15-14, 12-15-14.1, 12-20-5.

Rule 05:02:16:15 Tally of ballots.

5:02:16:15. Tally of ballots. 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.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-5.

Rule 05:02:16:16 Repealed.

5:02:16:16. Voter's intent. Repealed.

Source: 4 SDR 26, effective October 27, 1977; 25 SDR 167, effective July 6, 1999; repealed, 32 SDR 225, effective July 3, 2006.

Rule 05:02:16:17 Repealed.

5:02:16:17. Identifying marks.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 25 SDR 167, effective July 6, 1999; repealed, 26 SDR 168, effective June 25, 2000.

Rule 05:02:16:17.01 Write-in votes not counted.

5:02:16:17.01. Write-in votes not counted. 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.

Source: 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007.

General Authority: SDCL 12-1-9(4).

Law Implemented: SDCL 12-20-21.2.

Rule 05:02:16:17.02 Counting imperfectly marked paper ballots.

5:02:16:17.02. Counting imperfectly marked paper ballots. 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.

Source: 28 SDR 99, effective January 17, 2002; 33 SDR 230, effective July 1, 2007.

General Authority: SDCL 12-1-9(4).

Law Implemented: SDCL 12-1-9(4).

Rule 05:02:16:18 Repealed.

5:02:16:18. Marks to be construed as crosses or check marks.Repealed.

Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; repealed, 16 SDR 20, effective August 10, 1989.

Rule 05:02:16:19 Repealed.

5:02:16:19. Crossing out names.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 6 SDR 25, effective September 24, 1979.

Rule 05:02:16:20 Repealed.

5:02:16:20. Failure to touch box.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 4 SDR 85, effective June 14, 1978.

Rule 05:02:16:21 Voter's intent to be determined.

5:02:16:21. Voter's intent to be determined. 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.

Source: 4 SDR 26, effective October 27, 1977.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-7.

Rule 05:02:16:22 Repealed.

5:02:16:22. Abrogating of prior court decisions.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 4 SDR 85, effective June 14, 1978.

Rule 05:02:16:22.01 Use of prior court decision.

5:02:16:22.01. Use of prior court decision. 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.

Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9.

Law Implemented:SDCL 12-20-52.

Rule 05:02:16:23 Repealed.

5:02:16:23. Automated tabulating system ballot markings.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 26 SDR 168, effective June 25, 2000.

Rule 05:02:16:24 Repealed.

5:02:16:24. Crossing party lines.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 6 SDR 123, effective July 2, 1980; 8 SDR 24, effective September 16, 1981; 11 SDR 120, effective March 11, 1985; repealed, 23 SDR 236, effective July 17, 1997.

Rule 05:02:16:25 Unofficial returns of precinct vote.

5:02:16:25. Unofficial returns of precinct vote. 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

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 30 SDR 171, effective May 10, 2004.

General Authority:SDCL 12-1-9(4), 2-20-52.

Law Implemented:SDCL 12-20-10.

Rule 05:02:16:26 Entry of precinct vote on unofficial return list.

5:02:16:26. Entry of precinct vote on unofficial return list. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-11.

Rule 05:02:16:27 Repealed.

5:02:16:27. Official return sheets for voting machine precincts.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:28 Repealed.

5:02:16:28. Voting machine precinct printing and photographing of returns.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:29 Repealed.

5:02:16:29. Official returns for voting machine precincts.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:30 Repealed.

5:02:16:30. Official count of voting machine precincts.Repealed.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:31 Signing of certificates.

5:02:16:31. Signing of certificates. 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.

Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-1.

Rule 05:02:16:32 Repealed.

5:02:16:32. Deposit of counted ballots.Repealed.

Source: 4 SDR 26, effective October 27, 1977; repealed, 10 SDR 27, effective September 26, 1983.

Rule 05:02:16:33 Procedure for placing voted ballots in the ballot box.

5:02:16:33. Procedure for placing voted ballots in the ballot box. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

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.

Rule 05:02:16:34 Return of unvoted ballots.

5:02:16:34. Return of unvoted ballots. 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

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 10 SDR 27, effective September 26, 1983.

General Authority: SDCL 12-1-9, 12-20-52.

Law Implemented: SDCL 12-18-24, 12-18-32, 12-20-20.

Rule 05:02:16:34.01 Return of duplicate ballots of one voter not counted.

5:02:16:34.01. Return of duplicate ballots of one voter not counted. 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."

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-2, 12-20-20.

Rule 05:02:16:35 Ballots voted but not counted.

5:02:16:35. Ballots voted but not counted. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-20.

5:02:16:36. Recapitulation sheet. In elections using hand-counted paper ballots, a recapitulation sheet in the following form must 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, must be returned to the person in charge of the election. It must not be placed in the ballot box.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 30 SDR 171, effective May 10, 2004; 49 SDR 47, effective November 21, 2022.

General Authority: SDCL 12-1-9(4), 12-20-52.

Law Implemented: SDCL 12-18-32, 12-20-21.

Rule 05:02:16:37 Sealing of ballot box.

5:02:16:37. Sealing of ballot box. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 167, effective July 6, 1999; 35 SDR 306, effective July 1, 2009.

General Authority: SDCL 12-1-9(4), 12-20-52.

Law Implemented: SDCL 12-17B-9, 12-20-20.

Rule 05:02:16:38 Repealed.

5:02:16:38. Use of paper seals on ballot box. Repealed.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; repealed, 35 SDR 306, effective July 1, 2009.

Rule 05:02:16:39 Form of the paper seal.

5:02:16:39. Form of the paper seal. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 167, effective July 6, 1999; 31 SDR 35, effective September 23, 2004.

General Authority: SDCL 12-1-9(4), 12-20-52.

Law Implemented: SDCL 12-20-20.

Rule 05:02:16:40 Return and sealing of pollbook.

5:02:16:40. Return and sealing of pollbook. 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

Source: 4 SDR 26, effective October 27, 1977; 5 SDR 31, effective November 1, 1978; 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-21.

Rule 05:02:16:41 Pollbook envelope seal.

5:02:16:41. Pollbook envelope seal. The pollbook envelope seal shall be in the following form:

POLLBOOK ENVELOPE SEAL ______________PRECINCT

Source: 4 SDR 26, effective October 27, 1977; 5 SDR 31, effective November 1, 1978.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-21.

Rule 05:02:16:41.01 Return of duplicate tally sheet.

5:02:16:41.01. Return of duplicate tally sheet. 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

Source: 20 SDR 4, effective July 19, 1993.

General Authority:SDCL 12-1-9, 12-20-52.

Law Implemented:SDCL 12-20-21.

Rule 05:02:16:42 Return of election material.

5:02:16:42. Return of election material. 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.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, effective July 6, 1999; 30 SDR 171, effective May 10, 2004.

General Authority:SDCL 12-1-9(4), 12-20-52.

Law Implemented:SDCL 12-20-21.

Rule 05:02:16:43 Purpose of this chapter.

5:02:16:43. Purpose of this chapter. 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 (ü) in the box.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993.

General Authority: SDCL 12-1-9.

Law Implemented: SDCL 12-20-52.

Rule 05:02:16:44 Provisional and uncounted absentee ballot return envelope.

5:02:16:44. Provisional and uncounted absentee ballot return envelope. 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

Source: 30 SDR171, effective May 10, 2004; 36 SDR 209, effective June 30, 2010.

General Authority: SDCL 12-1-9(4).

Law Implemented: SDCL 12-18-40, 12-20-2.1.

Online Archived History:

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