05:02:23:09.  Auditing procedures. The following procedure must be used in auditing a precinct by manually counting the ballots:

    (1)  The post-election auditing board shall review ballots for proper marking procedure according to the voting instructions below. The post-election auditing board shall determine the votes to count as follows:

        (a)  A mark that is inside the oval on an optical scan ballot is counted as a vote;

        (b)  Any mark on an optical scan ballot that does not touch the oval and is not in the oval may not be counted as a vote;

        (c)  A mark on an optical scan ballot that touches two or more ovals is an over-vote and not counted;

        (d)  A write-in vote may not be counted; and

        (e)  Express votes are to be counted as shown on the Express vote ballot;

    (2)  A majority vote of the post-election auditing board shall determine any question arising from the post-election audit; and

    (3)  The post-election auditing board shall certify the results as manually counted for the post-election audit by completing the certificate of post-election audit as provided in § 5:02:23:12. The board shall file the certificate of post-election audit with the county auditor.

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

    General Authority: SDCL 12-1-9(4)(11).

    Law Implemented: SDCL 12-17B-18, 12-17B-20, 12-17B-22.