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State of South Dakota
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SEVENTY-FOURTH
SESSION
LEGISLATIVE ASSEMBLY, 1999 |
| 771C0077 |
HOUSE LOCAL GOVERNMENT COMMITTEE
ENGROSSED
NO.
HB1016
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1/20/99
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| Introduced by: The Committee on Local Government at the request of the State Board of Elections |
FOR AN ACT ENTITLED, An Act to
revise the procedure for school district elections
involving tie votes or request for recount.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-7-9.5 be repealed.
13-7-9.5.
If there are more than two candidates for a position on the school board and two
candidates are tied for a position after a recount has been held according to
§
13-7-19.1, a
secondary election between the tied candidates shall be held.
Section 2. That § 13-7-9.6 be repealed.
13-7-9.6.
If a secondary election is required according to
§
13-7-9.5, the secondary election
shall be held two weeks from the date of the first election. The secondary election shall be held
at the same polling places, be conducted, returned and canvassed, and the result declared in the
same manner as the first election except that the business manager shall publish a notice of
election only once during the week preceding the secondary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-7-9.5 be repealed.
Section 2. That § 13-7-9.6 be repealed.
The person receiving the highest number of votes at the secondary election shall be elected.
If there is a tie vote after a secondary election the tie shall be resolved according to the
provisions of
§
13-7-19.1.
Section 3. That § 13-7-19.2 be amended to read as follows:
13-7-19.2. If any candidate for the school board is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, the candidate may, within five days after completion of the official canvass, file with the
recount referee
business manager
of the
school district a written request for a recount. Upon receipt of a recount request, the
recount
referee
business manager
shall set the time and place for a recount. A recount board shall be
established consisting of one person chosen by each candidate declared elected and by each
candidate who is eligible to request a recount. If this board consists of an even number of
persons, one additional recount board member shall be appointed by the
recount referee
business
manager
who shall be mutually agreeable to each candidate involved in the recount. The person
having custody of the ballot boxes containing the ballots to be recounted shall produce
them
the
ballot boxes
before
such
the
recount board. All questions arising on the recount shall be
determined by majority vote of
such
the recount
board. The recount shall proceed as
expeditiously as reasonably possible until completed.
BILL HISTORY
1/12/99 First read in House and referred to Local Government. H.J. 34
1/19/99 Scheduled for Committee hearing on this date.
1/19/99 Local Government Do Pass Amended, Passed, AYES 13, NAYS 0. H.J. 80
Section 3. That § 13-7-19.2 be amended to read as follows:
13-7-19.2. If any candidate for the school board is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, the candidate may, within five days after completion of the official canvass, file with the
BILL HISTORY
1/12/99 First read in House and referred to Local Government. H.J. 34
1/19/99 Scheduled for Committee hearing on this date.
1/19/99 Local Government Do Pass Amended, Passed, AYES 13, NAYS 0. H.J. 80
