Administrative Rule 05:02:19 | South Dakota Legislature

5:02:19:01. Reconvening of a recount. 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.

Source: 5 SDR 31, effective November 1, 1978.

General Authority:SDCL 12-1-9, 12-21-6.1.

Law Implemented:SDCL 12-21-21, 12-21-25.

Rule 05:02:19:02 Staff for recount board.

5:02:19:02. Staff for recount board. The county auditor shall be responsible for providing administrative support and staff for the recount board.

Source: 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979.

General Authority:SDCL 12-1-9, 12-21-6.1.

Law Implemented:SDCL 12-21-25.

Rule 05:02:19:03 Precautions to insure against tampering.

5:02:19:03. Precautions to insure against tampering. The county auditor shall take precautions to insure against tampering with the ballots.

Source: 5 SDR 31, effective November 1, 1978.

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.

Rule 05:02:19:04 Counting rules to apply.

5:02:19:04. Counting rules to apply. The rules in chapters 5:02:09 and 5:02:16 regarding the counting of ballots also apply to recounts.

Source: 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 19 SDR 12, effective August 5, 1992; 23 SDR 236, effective July 17, 1997; 26 SDR 168, effective June 25, 2000; 29 SDR 113, effective January 30, 2003.

General Authority:SDCL 12-1-9(4), 12-21-6.1.

Law Implemented:SDCL 12-21-1.

Rule 05:02:19:05 Candidate's petition for recount.

5:02:19:05. Candidate's petition for recount. 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

Source: 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 42 SDR 15, effective August 11, 2015; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 12-1-9.

Law Implemented: SDCL 12-21-10, 12-21-11, 12-21-12.

Rule 05:02:19:06 Precinct voters' petition for recount.

5:02:19:06. Precinct voters' petition for recount. 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)________________________

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)________________________

Sworn to before me this _____ day of __________, 20____.

(Seal) _______________________________

Officer Administering Oath

My Commission Expires _________

_______________________________

Title of Officer Administering Oath

Source: 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989.

General Authority: SDCL 12-1-9.

Law Implemented: SDCL 12-21-8.

Rule 05:02:19:07 Voters' petition for recount on questions submitted to the entire state.

5:02:19:07. Voters' petition for recount on questions submitted to the entire state. 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.

Source: 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989.

General Authority: SDCL 12-1-9.

Law Implemented: SDCL 12-21-14.

Rule 05:02:19:08 Certificate of recount.

5:02:19:08. Certificate of recount. 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.

Source: 6 SDR 25, effective September 24, 1979; 28 SDR 99, effective January 17, 2002.

General Authority: SDCL 12-1-9(4), 12-21-6.1.

Law Implemented: SDCL 12-21-32.

Rule 05:02:19:09 Certificate of disputed ballots.

5:02:19:09. Certificate of disputed ballots. 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.

Source: 6 SDR 25, effective September 24, 1979; 28 SDR 99, effective January 17, 2002.

General Authority:SDCL 12-1-9(4), 12-21-6.1.

Law Implemented:SDCL 12-21-33, 12-21-34.

Rule 05:02:19:10 Voters' petition for recount in close municipal or school ballot question election.

5:02:19:10. Voters' petition for recount in close municipal or school ballot question election. 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) ________________________

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) ________________________

Sworn to before me this _____ day of ___________, 20___.

(Seal) ______________________________

Officer Administering Oath

My Commission Expires ____________ ______________________________

Title of Officer Administering Oath

Source: 28 SDR 99, effective January 17, 2002.

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

Law Implemented:SDCL 9-13-27.4, 13-7-19.3.

5:02:19:11. Oath of recount board. Before performing any duty pertaining to the recount of an election, each recount board member shall make the following oath or affirmation:

I, name, do solemnly swear (or affirm) that I will, to the best of my ability, impartially perform the duties of recount board member in good faith according to law, and that I meet the qualifications to serve as a member of the recount board.

Source: 35 SDR 48, effective September 8, 2008; 50 SDR 12, effective August 8, 2023.

General Authority: SDCL 12-1-9(10).

Law Implemented: SDCL 12-21-2.

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