TITLE 12
ELECTIONS
Chapter
01 General Provisions And State Board
02 Dates And Hours Of Elections
03 Suffrage And Right To Vote
04 Registration Of Voters
05 Political Parties And Party Affairs
06 Primary Elections
06A Presidential Preference Primaries [Repealed]
07 Nomination Of Independent Candidates
08 Certification Of Nominations
09 Judicial Nominations And Elections
10 Nomination And Election Of Educational Officers [Repealed]
11 Special Congressional Elections
12 Notice Of Elections
13 Constitutional Amendments And Submitted Questions
14 Precincts And Polling Places
15 Precinct Election Officials
16 Ballots And Election Supplies
17 Voting Machines [Repealed]
17A Electronic Voting Systems [Repealed]
17B Automatic Tabulating Systems
18 Arrangements And Conduct Of Voting
19 Absentee Voting
19A Special Voting Rights [Repealed]
20 Return And Canvass Of Votes
21 Recounts
22 Contests
23 Elections In Unorganized Counties [Repealed]
24 Presidential Electors
25 Candidates' Financial Interest Statements
25A State Ethics Commission [Repealed]
26 Offenses Against The Elective Franchise
27 Campaign Finance Requirements
28 Government Accountability And Anti-Corruption
CHAPTER 12-1
GENERAL PROVISIONS AND STATE BOARD
12-1-1 Elections to which title applies.
12-1-1.1 Laws applicable to election of county officers.
12-1-2 Application to local elections.
12-1-2.1 Option to adopt campaign finance law.
12-1-3 Definitions.
12-1-3.1 Alternative political status defined.
12-1-4 Criteria for determining voting residence.
12-1-5 State board created--Members--Terms--Vacancies--Oath.
12-1-6 Per diem and expenses.
12-1-7 Assistance by secretary of state's office.
12-1-7.1 12-1-7.1. Repealed by SL 2008, ch 34, § 7.
12-1-8 Legal assistance to board.
12-1-9 Promulgation of rules by board.
12-1-9.1 Ranked choice voting prohibited.
12-1-10 Recommendations to secretary of state.
12-1-11 Costs paid by county--Exception for local elections--Prohibition on private funding--Promulgation of rules.
12-1-12 Political party office prohibited in county courthouse.
12-1-13 Challenge to petition signatures or declaration of candidacy.
12-1-14 Verification of petition signatures or declaration of candidacy--Written declaration as to validity.
12-1-15 Notification of candidate or sponsor if petition declared invalid.
12-1-16 Other legal remedies to challenge petition not precluded.
12-1-17 Computation of time allowed for election notice or filing.
12-1-18 Time when petition may be circulated.
12-1-19 12-1-19, 12-1-20. Repealed by SL 2008, ch 62, §§ 2, 3.
12-1-21 Complaints filed under the Help America Vote Act.
12-1-22 Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution.
12-1-23 Time and place of hearing--Notice to parties.
12-1-24 Subpoena issued by arbitrator--Service and enforcement.
12-1-25 Depositions permitted by arbitrators--Compelling testimony.
12-1-26 Evidence presented by parties--Cross-examination.
12-1-27 Adjournment or postponement of hearing--Failure of party to appear.
12-1-28 Issuance of resolution--Delivery to parties.
12-1-29 Payment of expenses of proceedings.
12-1-30 Grounds to vacate resolution--New arbitrator.
12-1-31 Invalid candidacy on nominating petition--Vacancy after primary election.
12-1-32 Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor.
12-1-33 Exception for registered sex offender circulating petition under supervision.
12-1-34 Exception for registered sex offender circulating nominating petition on his or her own behalf.
12-1-35 Secretary of state to examine nominating petitions for statewide office for compliance.
12-1-36 Verification of signatures on nominating petitions by random sampling.
12-1-37 Certification of sufficient or insufficient number of signatures based on random sampling.
12-1-38 Circuit court challenge not affected by random sampling.
12-1-39 Availability of petition to public.
12-2-1
Date of primary election.
12-2-2
Date of general election--Officers elected.
12-2-2.1
Statewide elections limited to primary, runoff, and general election dates.
12-2-3
Opening and closing times for polls--Voters in line at closing time.
12-2-4
Emergency extension of closing times--Reopening after extended emergency.
12-2-5
Elections of governmental subdivision held in conjunction with June primary
election.
12-2-6
Combined elections of governmental subdivisions.
12-2-7
Repealed.
12-2-8
Postponement of election for weather conditions.
12-2-9
Notification to voters of postponement of election.
CHAPTER 12-3
SUFFRAGE AND RIGHT TO VOTE
12-3-1 General qualifications of voters.
12-3-1.1 Residents of federal areas.
12-3-2 12-3-2. Repealed by SL 1982, ch 28, § 39.
12-3-3 12-3-3, 12-3-4. Repealed by SL 1973, ch 69, § 4.
12-3-5 Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.
12-3-6 Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.
12-3-7 Proceedings to exempt county from Voting Rights Amendments.
12-3-8 Implementation of Voting Rights Amendments in affected counties.
12-3-9 Sioux dialects defined as historically unwritten.
12-3-10 Linguistic assistance to Indians provided by counties.
12-3-11 Precinct interpreters provided--Payment.
12-3-12 Certification that precinct interpreter not needed--Proof.
12-3-13 Rules promulgated by state board.
CHAPTER 12-4
REGISTRATION OF VOTERS
12-4-1 Persons entitled to register--Precinct.
12-4-1.1 12-4-1.1. Repealed by SL 2005, ch 89, § 1.
12-4-1.2 Voter registration form--Certification.
12-4-2 County auditor in charge of voter registration records.
12-4-2.1 12-4-2.1, 12-4-2.2. Repealed by SL 1982, ch 28, § 40.
12-4-2.3 12-4-2.3. Repealed by SL 1994, ch 107, § 2.
12-4-3 Mail registration cards and instructions provided by auditor--Contact information provided by private entities.
12-4-3.1 12-4-3.1. Repealed by SL 1994, ch 107, § 4.
12-4-3.2 Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor.
12-4-4 12-4-4. Repealed by SL 1974, ch 118, § 200.
12-4-4.1 12-4-4.1. Repealed by SL 1994, ch 107, § 5.
12-4-4.2 Uniformed Overseas Citizens Absentee Voting Act implemented.
12-4-4.3 Overseas citizen defined.
12-4-4.4 Registration and voting by overseas citizens--Conditions.
12-4-4.5 Absentee registration and voting in last county and precinct of residence.
12-4-4.6 Absentee ballot request as registration--Notarization not required.
12-4-4.7 Expedition of registrations and ballot requests.
12-4-4.8 Promulgation of rules by state board.
12-4-4.9 Election laws apply to overseas voting provisions.
12-4-4.10 Secretary of state to provide voter registration and absentee voting information.
12-4-4.11 12-4-4.11. Repealed by SL 2016, ch 77, § 1.
12-4-4.12 Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act.
12-4-5 Entry of applicants in registration file--Deadline--List for runoff election.
12-4-5.1 12-4-5.1. Repealed by SL 1974, ch 118, § 200.
12-4-5.2 Notice of registration procedures--Publication.
12-4-5.3 Review of voter registration application by auditor--Notice to applicant--Promulgation of rules.
12-4-5.4 Registration--Information provided.
12-4-5.5 Verification of driver license or social security information--Promulgation of rules.
12-4-6 Filling out registration card--Registration at driver's license station--Applicant unable to write.
12-4-6.1 Effective date of voter registration.
12-4-7 12-4-7. Repealed by SL 1981, ch 120, § 2.
12-4-7.1 12-4-7.1. Repealed by SL 1974, ch 118, § 200.
12-4-7.2 Duty to ensure completion of registration cards.
12-4-7.3 12-4-7.3, 12-4-7.4. Repealed by SL 1994, ch 107, §§ 10, 11.
12-4-8 Records prescribed by state board--Information required.
12-4-8.1 Postcard requests for absentee ballots under federal law--Indexing and furnishing to precinct board.
12-4-8.2 True copy to replace duplicate acknowledgment notice.
12-4-9 Master registration file--Contents--Public inspection--Limitations.
12-4-9.1 12-4-9.1. Repealed by SL 1974, ch 118, § 200.
12-4-9.2 Secured active designation.
12-4-9.3 Voter registration records of judicial officers not a public record.
12-4-10 Precinct registration lists--Contents--Entries.
12-4-10.1 Registration lists furnished to federal court for jury selection--Return of lists to auditor.
12-4-11 Change of registration file on change in precinct boundaries.
12-4-12 New registration on move between states or counties--Authorization to cancel previous registration.
12-4-13 12-4-13. Repealed by SL 1994, ch 107, § 17.
12-4-14 12-4-14. Repealed by SL 1974, ch 118, § 200.
12-4-15 Voter information and party affiliation--Designation or change.
12-4-16 12-4-16. Repealed by SL 1994, ch 107, § 19.
12-4-17 12-4-17. Repealed by SL 1975, ch 121.
12-4-18 Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification.
12-4-19 Address verification request--Confirmation mailing--Exception.
12-4-19.1 Confirmation mailing notice to registrant of proposed registration cancellation--Postcard and return card--Contents.
12-4-19.2 Placement in inactive registration file by auditor.
12-4-19.3 12-4-19.3. Repealed by SL 1994, ch 107, § 24.
12-4-19.4 Cancellation of voter registration.
12-4-19.5 12-4-19.5. Repealed by SL 2002, ch 40, § 13.
12-4-19.6 National change of address notice.
12-4-19.7 Voter registration list maintenance confirmation mailing notice--Contents.
12-4-20 12-4-20 to 12-4-22. Repealed by SL 1974, ch 118, § 200.
12-4-23 12-4-23. Repealed by SL 1996, ch 95, § 3.
12-4-23.1 12-4-23.1. Repealed by SL 1976, ch 105, § 84.
12-4-24 Precinct lists for local election--Delivery to voting precincts.
12-4-24.1 Repealed by SL 2012, ch 81, § 5.
12-4-25 12-4-25 to 12-4-28. Repealed by SL 1974, ch 118, § 200.
12-4-29 12-4-29. Repealed by SL 1994, ch 107, § 25.
12-4-30 12-4-30. Repealed by SL 1974, ch 118, § 200.
12-4-31 12-4-31. Repealed by SL 1994, ch 107, § 26.
12-4-32 National Voter Registration Act of 1993.
12-4-33 Chief state election official.
12-4-34 References to registered voters--Inactive voters may sign petition.
12-4-35 Rules for the National Voter Registration Act.
12-4-36 Rebuttable presumption that certain electors not qualified.
12-4-37 Statewide voter registration file--County auditors to transmit changes to secretary--Security--Promulgation of rules.
12-4-38 County auditor's file is official record in event of discrepancy.
12-4-39 Promulgation of rules--Scope.
12-4-40 Identification of duplicate voter registration--Notification.
12-4-40.1 Sharing voter registration record with other states--Agreement required.
12-4-41 Use of voter registration information--Violation as misdemeanor--Civil penalty.
12-4-42 12-4-42 to 12-4-51. Transferred to §§ 12-1-21 to 12-1-30.
12-4-52 Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
12-4-53 Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
12-4-54 Annual report--Secretary of state--Individuals removed from county voter registration list--Open record.
12-4-55 Voter registration numbers to be published.
12-4-56 Voluntary removal of the name of a registered voter--Promulgation of rules.
12-4-57 Information to county auditor by clerk of court--Auditor to remove names.
CHAPTER 12-5
POLITICAL PARTIES AND PARTY AFFAIRS
12-5-1 Organization and dissolution of political party.
12-5-1.1 Party constitution or bylaws required--Filing with secretary of state.
12-5-1.2 12-5-1.2. Repealed by SL 2007, ch 74, § 2.
12-5-1.3 Notice to county auditors of party rules affecting elections.
12-5-1.4 Nominating petitions of new party primary candidates.
12-5-1.5 Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature.
12-5-1.6 Reward prohibited--Violation as misdemeanor.
12-5-2 Precinct officials elected at primary.
12-5-3 12-5-3 to 12-5-3.5. Repealed by SL 1977, ch 107, § 10.
12-5-3.6 Selection of method of allocating national convention vote.
12-5-3.7 12-5-3.7. Repealed by SL 2007, ch 74, § 6.
12-5-3.8 Certification of candidates or slates for primary--Placement on ballot--Selection process without primary.
12-5-3.9 Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing.
12-5-3.10 12-5-3.10. Repealed by SL 2007, ch 74, § 9.
12-5-3.11 Primary election of national convention delegates and alternates--Grouping of names on nominating petition--Statement of preference.
12-5-3.12 Preference of first nominating petition filed--One slate per candidate--Petitions rejected for noncompliance--Verified notice of disapproval filed by designated candidate removes slate from ballot.
12-5-3.13 Election of all delegates by slate receiving most votes.
12-5-3.14 Notice by candidates or supporters of intention to enter presidential primary.
12-5-3.15 State board to adopt rules.
12-5-3.16 Certification of names of national convention nominees for President and vice-president--Alternate certification.
12-5-3.17 12-5-3.17. Repealed by SL 2015, ch 76, § 1.
12-5-4 Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect.
12-5-4.1 Unopposed candidate for precinct committee automatically elected.
12-5-5 12-5-5 to 12-5-7. Repealed by SL 1972, ch 79, § 6.
12-5-8 Furnishing to precincts of ballots for precinct committee--Form prescribed by state board.
12-5-9 Votes for precinct committee restricted to nominees.
12-5-10 12-5-10. Repealed by SL 1972, ch 79, § 6.
12-5-11 12-5-11, 12-5-12. Repealed by SL 1974, ch 118, § 200.
12-5-13 Precinct committeemen elected by plurality at primary--Term of office.
12-5-14 County central committee--Composition--Organization--Certification of party officials.
12-5-15 Vacancies filled by county central committee--Exception.
12-5-16 12-5-16. Repealed by SL 2007, ch 74, § 12.
12-5-17 Biennial state conventions--Time and place--Notice to secretary of state.
12-5-18 Voting by delegates to state convention.
12-5-19 12-5-19. Repealed by SL 2007, ch 74, § 13.
12-5-20 12-5-20. Repealed by SL 1985, ch 110, § 2.
12-5-21 Nomination of state candidates not voted on at primary--Presidential electors and national committee members.
12-5-22 Majority required for nomination by convention--Certification to secretary of state.
12-5-23 12-5-23, 12-5-24. Repealed by SL 2007, ch 74, §§ 15, 16.
12-5-25 Nomination of candidates by political party with alternative political status--Primary election.
12-5-26 New party nomination of candidates.
CHAPTER 12-6
PRIMARY ELECTIONS
12-6-1 Offices to which chapter applies.
12-6-2 Third-term gubernatorial nomination prohibited.
12-6-3 Candidacy for more than one office in same election prohibited--Exceptions.
12-6-3.1 Legislative candidates required to reside in district of candidacy.
12-6-3.2 Candidate required to register with party.
12-6-4 Petition required to place candidate's name on primary ballot--Time and place of filing.
12-6-4.1 Earliest time for circulating petitions or certificates.
12-6-4.2 12-6-4.2. Repealed by SL 1997, ch 75, § 7.
12-6-5 Form of nominating petition prescribed by state board.
12-6-6 Joint petitions for delegate candidates--Individual petitions otherwise required.
12-6-7 Nominating petitions--Several sheets--Signature requirements.
12-6-7.1 Repealed.
12-6-8 Time and manner of signing petition--Declaration of candidate--Verification--Violation for falsely attesting--Signing for independent or nonpolitical candidate.
12-6-8.1 Withdrawal from primary election--Time and place of filing.
12-6-9 Unopposed candidate automatically nominated--Primary not held if no contest.
12-6-10 12-6-10. Repealed by SL 1973, ch 74, § 14.
12-6-11 Certification to county auditors of nominating petitions filed with secretary of state.
12-6-12 12-6-12, 12-6-13. Repealed by SL 1973, ch 74, § 14.
12-6-14 Form of official primary ballot prescribed by state board.
12-6-14.1 12-6-14.1. Repealed by SL 1996, ch 94, § 2.
12-6-15 12-6-15 to 12-6-17. Repealed by SL 1973, ch 74, § 14.
12-6-18 12-6-18. Repealed by SL 1972, ch 85, § 4.
12-6-19 12-6-19 to 12-6-25. Repealed by SL 1973, ch 74, § 14.
12-6-26 Qualifications of voters at primary--Party registration requirements.
12-6-26.1 12-6-26.1 to 12-6-49. Repealed by SL 1973, ch 74, § 14.
12-6-50 Nomination by plurality at primary.
12-6-51 12-6-51. Repealed by SL 1985, ch 110, § 3.
12-6-51.1 Runoff election--United States Senate, House of Representatives, or Governor primary.
12-6-51.2 12-6-51.2. Repealed by SL 1999, ch 72, § 1.
12-6-51.3 Certification of runoff candidates.
12-6-51.4 12-6-51.4. Repealed by SL 2008, ch 34, § 10.
12-6-52 Party officials elected by plurality at primary.
12-6-53 12-6-53, 12-6-54. Repealed by SL 1973, ch 74, § 14.
12-6-55 Withdrawal by nominee--Time and place of filing.
12-6-56 Party committee--Party candidate vacancies.
12-6-56.1 Rejected by referendum.
12-6-57 Meeting of party committee to fill vacancies--Manner of voting.
12-6-58 Application of vacancy provisions to special congressional elections.
12-6-59 12-6-59 to 12-6-63. Repealed by SL 1973, ch 74, § 14.
12-6-64 Liberal construction of primary election laws.
12-6-65 Defeated candidate--Prohibition.
12-7-1
Certificate of nomination for nonjudicial public office--
Exceptions--Requirements
.
12-7-1.1
Earliest time for circulation of petitions or nominating certificates.
12-7-1.2
Certification of candidate for lieutenant governor.
12-7-2 to 12-7-4.
Repealed.
12-7-5
Primary election candidate prohibited from filing as independent for same office
in same year.
12-7-6
Candidates for Legislature required to reside in district of candidacy.
12-7-7
Certificate of nomination for President or Vice President of the United
States--Requirements.
12-7-8
Repealed.
12-8-1
Certification by county board of nominees at primary--Certificate of election of
party officials.
12-8-2
Certification by state board of nominees at primary--Certificate of election of
party officials.
12-8-3 to 12-8-5
Repealed.
12-8-6
Time of filing certificates of nomination.
12-8-7
Repealed.
12-8-8
Certification to county auditors of persons nominated for office--Delayed
certification of presidential and vice presidential candidates.
CHAPTER 12-9
JUDICIAL NOMINATIONS AND ELECTIONS
12-9-1 Judicial officers nominated and elected in nonpolitical elections.
12-9-2 12-9-2. Repealed by SL 2013, ch 65, § 1.
12-9-3 12-9-3. Repealed by SL 1973, ch 74, § 14.
12-9-3.1 Individual judicial positions designated by secretary of state.
12-9-4 Filing of nominating petitions--Number of signatures--Form and contents.
12-9-5 12-9-5. Repealed by SL 1974, ch 118, § 200.
12-9-6 Party references prohibited in petitions filed.
12-9-7 12-9-7. Repealed by SL 1974, ch 118, § 200.
12-9-8 Primary not required if no more than two candidates for each position.
12-9-9 12-9-9. Repealed by SL 1974, ch 118, § 200.
12-9-10 Order of listing candidates on ballot--Arrangement by lot--Right to be present.
12-9-11 12-9-11. Repealed by SL 1974, ch 118, § 200.
12-9-12 Preparation of judicial primary ballots--Order of listing candidates.
12-9-13 Form of judicial ballot prescribed by board.
12-9-14 Nomination by highest vote--Number of nominees.
12-9-15 Petitions to fill vacancies after primary.
12-9-16 12-9-16 to 12-9-20. Repealed by SL 1974, ch 118, § 200.
12-9-21 Certain personally identifiable information of judicial officers excluded from public record.
12-9-A Repealed by SL 2006, ch 274 (Supreme Court Rule 05_13), eff. Jan. 1, 2006.
12-11-1
Special election to fill congressional vacancy--Time of election of representative.
12-11-1.1
Special election to fill congressional vacancy due to extraordinary circumstances.
12-11-2
Filing of election proclamation--Notice to county auditors and political parties--Nominations.
12-11-2.1
Absentee ballots cast by uniformed services or overseas voters in special election to
fill congressional vacancy.
12-11-3
Filing of nominations--Certification--Conduct of elections.
12-11-4
Temporary appointment by Governor to fill vacancy in United States Senate.
12-11-5
Special election to fill senate vacancy.
12-11-6
No special election if appointed senator's term expires at normal time.
12-11-7
Vacancy within ninety days of general election--Concurrent elections.
12-11-8
Nominations for specially elected senator--Vacancy near primary election.
CHAPTER 12-12
NOTICE OF ELECTIONS
12-12-1 Notice of offices to be filled--Publication.
12-12-2 12-12-2 to 12-12-4. Repealed by SL 1973, ch 77, § 2.
12-12-5 Notice of vacancy for an unexpired term--Publication.
12-12-6 Official list of candidates--Maintenance--Updates--Information required--Availability.
CHAPTER 12-13
CONSTITUTIONAL AMENDMENTS AND SUBMITTED QUESTIONS
12-13-1 Delivery of proposed questions to county auditors--Attorney general's explanation.
12-13-1.1 Requirements for elections beginning in 2018.
12-13-2 Measures and questions to be sent to official newspapers.
12-13-3 Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish.
12-13-4 Lettering and numbering of submitted questions.
12-13-5 12-13-5 to 12-13-8.2. Repealed by SL 1994, ch 108, § 2.
12-13-9 Attorney general's statement regarding constitutional amendment proposed by legislature or referred law.
12-13-9.1 Availability of attorney general's explanation of proposed questions.
12-13-9.2 Action to challenge adequacy of attorney general's statement--Appeal--Time limits.
12-13-10 12-13-10. Repealed by SL 1974, ch 118, § 200.
12-13-11 Materials printed on ballot in lieu of full text--Separate ballot.
12-13-12 12-13-12 to 12-13-15. Repealed by SL 1974, ch 118, § 200.
12-13-16 Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor.
12-13-17 12-13-17 to 12-13-22. Repealed by SL 1974, ch 118, § 200.
12-13-23 Distribution of public information.
12-13-24 Style, form, and wording of initiative or initiated amendment.
12-13-25 Review and comment--Legislative Research Council--Opinion.
12-13-25.1 Attorney general's statement--Initiated measure--Initiated amendment.
12-13-25.2 Exception to time for director's comments.
12-13-26 Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable.
12-13-26.1 Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification.
12-13-26.2 Action to challenge the secretary of state's decision--Time limits--Promulgation of rules.
12-13-27 Special elections for constitutional amendments--Procedural changes--Reimbursement of costs.
12-13-28 Employment and compensation of petition circulators.
12-14-1
Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts.
12-14-1.1
Notice to county auditor of boundary change for local election.
12-14-2
Boundaries to be clearly defined in resolution.
12-14-3
Repealed.
12-14-4
Adjustment in size of precincts--Unreasonable waiting time.
12-14-5 to 12-14-8.
Repealed.
12-14-9
Location of polling places.
12-14-10
Repealed.
12-14-11
Repealed.
12-14-12
Repealed.
12-14-13
Display of flag at polling places at election.
12-14-14
Sign to identify polling place on election day.
12-14-15
Change in precinct boundary or polling place.
12-14-16
Campaign signs at nonpublicly-owned polling place.
12-14-17
Vote centers.
12-15-1
Appointment by county auditor of precinct election officials--Names
submitted by parties.
12-15-1.1, 12-15-1.2.
Repealed.
12-15-1.3
Precinct assistant--Appointment--Duties.
12-15-2
Precinct superintendent and deputy to be registered voters and residents of
precinct--Vacancy on precinct election board.
12-15-2.1
Precinct superintendent and precinct deputy prohibited to serve as poll
watchers.
12-15-3
Distribution of precinct officials among parties--Superintendent from
majority party--Eligible appointees when list not provided.
12-15-4
Repealed.
12-15-5
Repealed.
12-15-6
Repealed.
12-15-7
Meetings of precinct officials for instruction on laws and duties--Compensation for attendance.
12-15-8
Repealed.
12-15-9
Oath of precinct officials--Entry in pollbook--Violation of oath as
misdemeanor.
12-15-10
Replacement of precinct superintendent or precinct deputy failing to take oath
or to serve.
12-15-11
Fee paid precinct superintendent and precinct deputy--Mileage for returning
pollbooks and ballot boxes.
12-15-12
Repealed.
12-15-13
Certification of fee of precinct superintendent and precinct deputy--Order for
payment from treasury.
12-15-14
Counting boards in large paper ballot precincts--Duties.
12-15-14.1
Counting boards in smaller precincts to avoid unreasonable delay.
12-15-14.2
Repealed.
12-15-14.3
Certain relatives of candidates prohibited from serving on election and
counting boards.
12-15-15, 12-15-16.
Repealed.
CHAPTER 12-16
BALLOTS AND ELECTION SUPPLIES
12-16-1 Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions.
12-16-1.1 Automatic election of unopposed candidate--Certificate of election.
12-16-1.2 12-16-1.2. Repealed by SL 1997, ch 80, § 1.
12-16-2 Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems.
12-16-2.1 Colors for ballots.
12-16-3 12-16-3. Repealed by SL 1984, ch 107, § 1B.
12-16-3.1 Order of party columns.
12-16-4 12-16-4. Repealed by SL 1976, ch 105, § 84.
12-16-5 Order of offices placed on ballot.
12-16-6 Presidential and vice-presidential candidates listed--Single square to vote for electors.
12-16-7 Number stated where more than one to be chosen--More than one independent candidate.
12-16-8 Order of listing candidates for same office in same column.
12-16-9 Form for official ballot at general election.
12-16-10 Election of two or more candidates to same office--Official ballot.
12-16-10.1 Candidacy for more than one office prohibited--Exception.
12-16-11 Separate nonpolitical judiciary ballot.
12-16-12 12-16-12, 12-16-13. Repealed by SL 1974, ch 118, § 200.
12-16-14 Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order.
12-16-15 Posting of sample ballots.
12-16-16 Publication of facsimile ballots--Time for publication.
12-16-16.1 Publication of facsimile ballots by counties using same legal newspaper.
12-16-16.2 Publication of facsimile ballots--Compensation of newspapers.
12-16-17 Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency.
12-16-18 Delivery of ballots to precinct superintendents--Packaging and marking--Receipts.
12-16-19 Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy.
12-16-20 Delivery of unbroken package to election board--Receipts.
12-16-21 Replacement of ballots lost, stolen, or not delivered--Additional ballots.
12-16-22 12-16-22. Repealed by SL 1974, ch 118, § 200.
12-16-23 Voting rights notices and instructions.
12-16-24 12-16-24. Repealed by SL 1974, ch 118, § 200.
12-16-25 Posting of instruction cards and posters in polling place.
12-16-26 Construction of ballot boxes--Openings.
12-16-27 12-16-27. Repealed by SL 1974, ch 118, § 200.
12-16-28 Pollbooks--Voter registration lists.
12-16-29 12-16-29. Repealed by SL 1974, ch 118, § 200.
12-16-30 Official stamp for ballots--Delivery of stamp and supplies.
12-16-31 12-16-31. Repealed by SL 1974, ch 118, § 200.
12-16-32 Separate tally sheets provided.
12-16-33 12-16-33. Repealed by SL 1974, ch 118, § 200.
12-16-34 Rules and columns on tally sheets.
12-16-35 Listing of candidates and submitted questions on tally sheets.
12-16-36 Space for tally marks and vote totals on tally sheets.
12-16-37 Space for tallying votes on submitted questions.
12-16-38 Tallying and marking of votes--Entry of total votes.
12-16-39 Tally sheets for candidates and submitted questions.
12-16-40 12-16-40. Repealed by SL 1976, ch 105, § 84.
12-16-41 Tally lists govern over certificate.
12-17-1 to 12-17-4.
Repealed.
12-17-5
Repealed.
12-17-6 to 12-17-19.
Repealed.
CHAPTER 12-17B
AUTOMATIC TABULATING SYSTEMS
12-17B-1 Definition of terms.
12-17B-2 Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.
12-17B-2.1 12-17B-2.1. Repealed by SL 2018, ch 81, § 3, eff. Feb. 5, 2018.
12-17B-3 Authority of governing body to adopt, experiment with or abandon system.
12-17B-4 Contract by political subdivision with county for use of system.
12-17B-5 Testing system before election--Certification of errorless machine--Promulgation of rules--Public notice--Independent candidate and ballot committee contact information.
12-17B-5.1 Procedure for testing system before election--Test ballots retained.
12-17B-5.2 Updates to automatic tabulating equipment prohibited after testing--Seal--Promulgation of rules.
12-17B-6 Sufficient amount of equipment and supplies required.
12-17B-6.1 Electronic ballot marking system required where candidate for federal office on ballot.
12-17B-7 Voting instructions--Manner of giving instructions.
12-17B-8 12-17B-8. Repealed by SL 2005, ch 92, § 7.
12-17B-9 Transporting sealed ballot box.
12-17B-10 Direction of proceedings at counting location--Open to public.
12-17B-11 Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required.
12-17B-12 Test of system repeated prior to counting ballots.
12-17B-13 Procedure for tabulating votes--Results as unofficial returns--Certification by board.
12-17B-13.1 Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots.
12-17B-14 Duplicate ballots substituted for rejected ballots.
12-17B-15 Sealing and storing tabulated ballots and program board.
12-17B-16 Recount procedures.
12-17B-17 Promulgation of rules.
12-17B-18 Post-election audit--Auditing board--Members--Promulgation of rules.
12-17B-19 Post-election audit--Payment of costs--Promulgation of rules.
12-17B-20 Post-election audit--Procedure--Precinct defined.
12-17B-21 Post-election audit open to the public--Notification.
12-17B-22 Publication of results.
12-17B-23 Post-election audit--Notice to candidates impacted--Recount petition.
12-17B-24 Post-election audit not required with particular recounts.
12-17B-25 Post-election audit--Ballots secured.
CHAPTER 12-18
ARRANGEMENTS AND CONDUCT OF VOTING
12-18-1 Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required.
12-18-1.1 Verification of blank ballots received.
12-18-1.2 Specific duties of precinct superintendent.
12-18-1.3 12-18-1.3. Repealed by SL 2005, ch 92, § 8.
12-18-1.4 Attendance by election officials during voting and counting.
12-18-1.5 Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards--Attendance by board members during counting.
12-18-2 12-18-2. Repealed by SL 1974, ch 118, § 200.
12-18-3 Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor.
12-18-3.1 Simulated elections--Access to polling place--Impartiality required--Notice to county auditor.
12-18-4 Examination and sealing of ballot box before opening of polls--Closed until counting of vote.
12-18-4.1 Preparation for voting--Test ballots--Custody of key activating system.
12-18-5 Poll lists maintained by member of precinct election board.
12-18-5.1 12-18-5.1. Repealed by SL 1996, ch 94, § 29.
12-18-5.2 12-18-5.2. Repealed by SL 1993, ch 113, § 11.
12-18-6 12-18-6. Repealed by SL 1969, ch 83, § 5.
12-18-6.1 Voters required to provide identification before voting.
12-18-6.2 Affidavit in lieu of personal identification.
12-18-6.3 Verification of identity--Provisional ballot if identity not verified.
12-18-7 12-18-7. Repealed by SL 1969, ch 83, § 5.
12-18-7.1 Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card.
12-18-7.2 Voting without acknowledgment notice on verification by auditor--Emergency voting card.
12-18-7.3 12-18-7.3. Repealed by SL 1976, ch 105, § 84.
12-18-7.4 Affirmation of voter's address.
12-18-8 12-18-8. Repealed by SL 1974, ch 118, § 200.
12-18-8.1 Number of poll watchers set by state board--Rules.
12-18-9 Observation of voting and counting--Public and poll watchers--Penalty.
12-18-9.1 Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor.
12-18-9.2 Removal of unauthorized material and disobedient persons--Arrest authorized.
12-18-10 Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list.
12-18-11 12-18-11. Repealed by SL 1974, ch 118, § 200.
12-18-12 Stamping of ballot before delivery to voter.
12-18-13 Use of unauthorized ballot prohibited.
12-18-14 Entry of voting booth or machine by voter.
12-18-15 Voting without delay--Maximum time in booth or machine--Reentry prohibited.
12-18-16 Marking of paper ballot--Form of mark.
12-18-16.1 Marking of optical scan ballot.
12-18-16.2 12-18-16.2. Repealed by SL 2005, ch 92, § 9.
12-18-17 12-18-17. Repealed by SL 1976, ch 105, § 84.
12-18-18 12-18-18. Repealed by SL 1997, ch 81, § 6.
12-18-19 12-18-19. Repealed by SL 1974, ch 118, § 200.
12-18-20 12-18-20, 12-18-21. Repealed by SL 1997, ch 81, §§ 7, 8.
12-18-21.1 12-18-21.1. Repealed by SL 2002, ch 76, § 4.
12-18-22 12-18-22. Repealed by SL 2000, ch 73, § 1.
12-18-23 Return to member of precinct election board of unmarked ballot.
12-18-24 Replacement of spoiled ballots--Marking and preservation.
12-18-25 Assistance of disabled or illiterate voter by person of his choice.
12-18-26 12-18-26. Repealed by SL 1979, ch 104.
12-18-27 Marked ballot not to be publicized--Immediate deposit in ballot box.
12-18-28 Deposit of folded ballot in ballot box.
12-18-29 12-18-29 to 12-18-31. Repealed by SL 1974, ch 118, § 200.
12-18-32 Packaging and return of unused ballots--Record accounting for ballots.
12-18-33 Comparison of ballot accounting with record of number sent to precinct--Notice and correction of discrepancies.
12-18-34 12-18-34. Repealed by SL 1969, ch 83, § 5.
12-18-35 12-18-35 to 12-18-38. Repealed by SL 1974, ch 118, § 200.
12-18-39 Provisional ballot--Eligibility.
12-18-40 Use of provisional ballot.
CHAPTER 12-19
ABSENTEE VOTING
12-19-1 Absentee ballot--Persons entitled to vote.
12-19-1.1 Affirmation of address by voter in inactive registration file.
12-19-1.2 Time for absentee voting.
12-19-1.3 Prefilled absentee ballot application prohibited--Exceptions.
12-19-2 Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery.
12-19-2.1 Application in person or by authorized messenger--Ballot delivery by messenger or mail.
12-19-2.2 Authorized messenger for more than one voter--Record.
12-19-2.3 Uniformed and Overseas Citizens Absentee Voting Act--Application or request for absentee ballot.
12-19-2.4 Multiple applications or requests for ballots and multiple ballots--Application.
12-19-2.5 Form of application, envelope--Promulgation of rules.
12-19-2.6 Preference and selection of ballot style for independent in primary election.
12-19-3 Forwarding of ballot to voter--Instructions and return envelope.
12-19-4 Voter's statement on return envelope--Federal service voting forms--Promulgation of rules.
12-19-5 Mailing of ballots and enclosures to voter--Free air mail for federal service voters--Last day to mail absentee ballot.
12-19-6 12-19-6. Repealed by SL 1970, ch 91, § 4.
12-19-7 Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot.
12-19-7.1 Candidates and election officials not to serve as authorized messenger--Violation as misdemeanor.
12-19-7.2 Display of campaign material by messenger as misdemeanor.
12-19-8 12-19-8. Repealed by SL 1971, ch 93, § 2.
12-19-9 Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.
12-19-9.1 Nursing facility, assisted living center, or hospital having multiple absentee ballot requests--Promulgation of rules.
12-19-9.2 Disqualifying factors--Marking and return of ballot before poll opening.
12-19-9.3 Ballot drop boxes prohibited--Exclusions--Promulgation of rules--Violation as misdemeanor.
12-19-10 Preservation and delivery of ballot to precinct superintendent--Comparison of statement and application--Deposit in ballot box--Unopened ballots--Unauthorized examination or created record as misdemeanor.
12-19-10.1 County auditor validation of absentee ballot signatures--Violation as misdemeanor.
12-19-11 Preservation and return of application and return envelope.
12-19-12 Delivery of absentee ballots after close of polls.
12-19-13 12-19-13. Repealed by SL 1996, ch 94, § 31.
12-19-14 Unlawful disposition of ballot or ballot link--Violation as misdemeanor.
12-19-15 12-19-15 to 12-19-22. Repealed by SL 1974, ch 118, § 200.
12-19-23 12-19-23. Repealed by SL 1971, ch 87, § 6.
12-19-24 12-19-24 to 12-19-31. Repealed by SL 1974, ch 118, § 200.
12-19-32 Ballot not invalidated by federal censorship.
12-19-33 Failure to deliver or tampering with ballot as felony.
12-19-34 Informalities do not invalidate election--Liberal construction.
12-19-35 12-19-35, 12-19-36. Repealed by SL 1974, ch 118, § 200.
12-19-37 Absentee ballot precincts--Creation--Absentee ballot counting board.
12-19-38 Appointment of absentee ballot counting board--Number of members.
12-19-39 Oath of board members--Compensation.
12-19-40 12-19-40. Repealed by SL 1982, ch 130.
12-19-41 Powers and duties of absentee ballot counting board.
12-19-42 Envelope containing voted ballots kept closed--Delivery to county board.
12-19-43 Review--Sorting--Processing--Absentee Ballots.
12-19-44 Counting process open--Reasonable distance kept by observers--Records associating voter with ballot prohibited--Violation as misdemeanor.
12-19-45 Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers.
12-19-46 Commencement of count when polls close--Place.
12-19-47 Processing of absentee ballots.
12-19-48 Repealed.
12-19-49 Repealed.
12-19-50 Forms for recording tally--Special pollbook--Tally added to home precinct totals.
12-19-51 12-19-51. Repealed by SL 1996, ch 94, § 32.
12-19-52 Electronic voting systems.
12-19-53 Contracting for services of county auditor from another county.
12-19-54 Payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.
12-19-55 Receipt of payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor.
CHAPTER 12-20
RETURN AND CANVASS OF VOTES
12-20-1 Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty.
12-20-2 Opening of ballot box--Sorting and counting of unopened ballots--Ballots folded together.
12-20-2.1 Return of provisional ballot envelopes and unopened absentee ballots.
12-20-3 Drawing of excess ballots.
12-20-4 12-20-4. Repealed by SL 1974, ch 118, § 200.
12-20-5 Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots.
12-20-5.1 Determination of validity of provisional ballots.
12-20-6 Unstamped ballots not counted.
12-20-7 Ballot not counted when voter's choice indeterminable--Promulgation of rules defining standards.
12-20-8 Precinct superintendent and precinct deputies to record intention of voter.
12-20-9 12-20-9. Repealed by SL 1976, ch 105, § 84.
12-20-10 Blank list for unofficial return of precinct vote for candidates and submitted questions--Return envelope.
12-20-11 Entry of precinct vote on unofficial return list--Return with election returns.
12-20-12 12-20-12. Repealed by SL 1974, ch 118, § 200.
12-20-13 Tabulation and public release of unofficial returns--Entry into central election reporting system.
12-20-13.1 Means of counting provisional ballots--Appointment of officials.
12-20-13.2 Counting provisional ballots--Certification.
12-20-13.3 Counting provisional ballots--Alternate time.
12-20-13.4 Counting provisional ballots--Notice.
12-20-14 12-20-14. Repealed by SL 1981, ch 126, § 1.
12-20-15 State messenger to secure delinquent returns--Expenses deducted from county auditor's salary.
12-20-16 12-20-16. Repealed by SL 1996, ch 94, § 33.
12-20-17 Returns not disclosed until all polls in state closed.
12-20-18 Entry of candidates' votes in precinct pollbooks.
12-20-19 12-20-19. Repealed by SL 1974, ch 118, § 200.
12-20-20 Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor.
12-20-21 Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony.
12-20-21.1 Circumstances requiring report of official returns by telephone.
12-20-21.2 Write-in votes not to be counted--Other votes on ballot.
12-20-22 12-20-22 to 12-20-27. Repealed by SL 1974, ch 118, § 200.
12-20-28 12-20-28. Repealed by SL 1999, ch 69, § 48.
12-20-29 12-20-29, 12-20-30. Repealed by SL 1974, ch 118, § 200.
12-20-31 Destruction of ballots and pollbooks--Period for which held--Pending recount or contest.
12-20-32 Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as felony.
12-20-33 12-20-33. Repealed by SL 1974, ch 118, § 200.
12-20-34 12-20-34. Repealed by SL 1982, ch 86, § 94.
12-20-35 Returns not refused for irregularity--Certificate issued to candidate with most votes.
12-20-36 Time for canvass of vote--Governing board as canvassing board--Representatives for absent board members.
12-20-37 Secretary of state to provide guidance and direction in making returns.
12-20-38 Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit.
12-20-38.1 Certified copy of official county canvass furnished to secretary of state--Permanent record.
12-20-39 Election by plurality.
12-20-40 Certificate of election delivered by county auditor to persons elected to local office.
12-20-41 12-20-41 to 12-20-45. Repealed by SL 1974, ch 118, § 200.
12-20-46 Composition of State Canvassing Board--Candidate disqualified from participation.
12-20-47 Time of convening of state canvassers--Adjournment to obtain late returns.
12-20-48 Abstract by state canvassers of county returns--Signature and seal--Recording and filing of abstracts.
12-20-48.1 National convention slates and votes--Certification.
12-20-49 Certificate of election issued for federal, state or legislative office.
12-20-50 12-20-50. Repealed by SL 1973, ch 76, § 6.
12-20-51 Disputes decided by majority of state canvassers--Irregularities disregarded.
12-20-52 Rules and regulations for counting and canvass of vote.
CHAPTER 12-21
RECOUNTS
12-21-1 Purpose of chapter--Liberal construction.
12-21-2 Composition and appointment of county recount board--Individuals disqualified from serving--Oath--Promulgation of rules.
12-21-3 Notice of appointment and time and place of recount--Notice to candidates.
12-21-3.1 Meeting of recount board open to the public--Penalty.
12-21-4 Compensation of recount referee and appointed members of board.
12-21-4.1 Mileage allowance for recount board members.
12-21-5 12-21-5. Repealed by SL 1982, ch 28, § 46.
12-21-6 Application of chapter.
12-21-6.1 Code of regulations to govern recounts.
12-21-7 Conditions under which recount made.
12-21-8 Precinct recount on petition by voters of precinct.
12-21-9 Extended time for filing additional precinct recount petitions.
12-21-10 Complete recount on candidate's petition in close local election.
12-21-11 Complete recount on candidate's petition in close election in joint legislative district.
12-21-11.1 Notice to secretary of state of petition filed with county auditor.
12-21-12 Candidate's petition for recount in close state or district election--Notice to county auditors.
12-21-13 Computation of total vote where two or more candidates elected to same office.
12-21-14 Voters' petition for recount on question submitted to entire state--Form of petition--Notice to county auditors.
12-21-15 Petition for recount in close presidential election--Time of filing--Notice to county auditors.
12-21-16 Tie vote certified by canvassing board--Automatic recount.
12-21-17 12-21-17. Repealed by SL 1985, ch 110, § 4.
12-21-18 Chapter not applicable where runoff election required.
12-21-19 Joint petition by defeated candidates.
12-21-20 Notice to circuit judge of recount petition--Appointment and convening of recount board.
12-21-20.1 Appointment of additional recount board.
12-21-21 Adjournment by board to another place.
12-21-22 Adjournment to permit combining separate recounts of same ballots.
12-21-23 Majority vote of county recount board--Quorum.
12-21-24 Materials to be provided to recount board--Determination as to whether ballot countable.
12-21-25 Recount to proceed expeditiously.
12-21-26 Candidates' right to witness recount--Witnesses to recount on submitted question.
12-21-27 Segregation and identification of disputed ballots.
12-21-28 Identification of ballots disputed in two or more recounts--Substitution of memorandum describing ballot.
12-21-29 Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing.
12-21-30 Opening of segregated ballots involved in previous judicial proceedings--Court order to preserve rights.
12-21-31 Return and resealing of undisputed ballots--Certification of disputed ballots.
12-21-32 Certification of recount result--Contents and execution--Transmittal to secretary of state.
12-21-33 Sealing and certification of disputed ballots.
12-21-34 Filing and preservation of certificates.
12-21-35 Certification of recount result to canvassing board--Recount result in lieu of official returns.
12-21-36 Recanvass and corrected abstract of votes in local election.
12-21-37 New certificate of election or nomination to local office when result changed by recount.
12-21-38 12-21-38. Repealed by SL 1974, ch 118, § 200.
12-21-39 Reconvening of state canvassers after recount--Recanvass and corrected abstract.
12-21-40 New certificate of election or nomination on change of result by corrected abstract of state returns.
12-21-41 Original certificate of nomination or election superseded by certificate issued after recount--Rights of holder.
12-21-42 Original determination on submitted question superseded by determination after recount.
12-21-43 Tie vote after recount determined by lot--Issuance of certificate.
12-21-44 Second recount prohibited--Exception.
12-21-45 Court order for second recount--Grounds--Time of filing petition.
12-21-46 Court removal and replacement of recount board member not acting in good faith.
12-21-47 Persons entitled to certiorari for review of recount--Time of filing of petition.
12-21-48 Original jurisdiction of certiorari proceedings.
12-21-49 Form and contents of petition for certiorari.
12-21-50 Issuance of writ of certiorari--Officials to whom addressed--Contents.
12-21-51 Service of writ of certiorari--Persons on whom served.
12-21-52 Intervention in certiorari involving submitted question.
12-21-53 Answer to petition for certiorari--Joint or several answer.
12-21-54 Defenses set forth in answer to certiorari--New allegations--Petition for additional writ.
12-21-55 Insufficient certification--Further certification required.
12-21-56 Hearing on certiorari--Conference to narrow issues.
12-21-57 Scope of review on certiorari--Correction of errors.
12-21-58 Procedure as in other cases of certiorari.
12-21-59 Judgment on certiorari.
12-21-60 Right of appeal to Supreme Court from judgment on certiorari.
12-21-61 Procedure on appeal to Supreme Court--Provisions to secure speedy determination.
12-22-1
"Contest" defined.
12-22-2
Candidate's right to institute contest--Legislative contests excepted.
12-22-3
Right to institute contest on submitted question--Judge's permission required.
12-22-4
Electoral candidates' and party chairman's right to institute contest of presidential
election.
12-22-5
Time of commencement of contest--Commencement after recount.
12-22-6
Time of commencement of contest of presidential election.
12-22-7
Original jurisdiction of contests.
12-22-8
Summons and complaint to commence contest.
12-22-9
Service of summons and complaint--Time of serving.
12-22-10
Court orders to expedite proceedings.
12-22-11
Joinder of parties in commencement of contest--Denomination of plaintiffs and
defendants.
12-22-12
Intervention by other candidates--Assertion of right to nomination or office.
12-22-13
Designation of defendants in contest of presidential election.
12-22-14
Title of proceeding on submitted question.
12-22-15
Service of summons and complaint in contest on submitted question--Intervention.
12-22-16
Answer to present all defenses--Admission of matters not denied--Affirmative
defense.
12-22-17
Hearing on contest--Default judgment prohibited.
12-22-18
Court to proceed expeditiously--Designation of judge and relief from other duties.
12-22-19
Official returns or recount conclusive as to accuracy of count--Other issues
determined in contest.
12-22-20
Certiorari to review recount as alternative remedy--Consolidation of proceedings.
12-22-21
Judgment withheld while recount or certiorari pending--Judgment declaring election
result.
12-22-22
Supreme Court order directing consolidation of contests involving same office or
question--Duty of judges and attorneys to notify Supreme Court.
12-22-23
Conflicting circuit court decisions on same submitted question--Appeal
determinative--Direction to attorney general to prosecute appeal.
12-22-24
Procedure as in other civil proceedings.
12-22-25
Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount.
12-22-26
Notice of intention to institute legislative contest--Time for service--Answer.
12-22-27
Depositions in legislative contest--Filing with secretary of state.
12-22-28
Public funds not used for legislative contest.
12-22-29
Candidate's right to contest primary election--Filing of complaint--Circuit court
jurisdiction.
12-22-30
Notation of filing of complaint in primary contest--Date of hearing--Apparently
successful candidate as defendant.
12-22-31
Service of order fixing hearing date on primary contest--Answer.
12-22-32
Hearing of primary contest in or out of term--Preference in order of hearing.
12-22-33
Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and
decisions.
12-22-34
Elections to which primary contest law applies.
12-22-35
Supreme Court jurisdiction of primary contests for state office.
12-24-1
Elector's notice to Governor of readiness to perform duties--Certificate of names
presented to electors.
12-24-2
Replacement of elector failing to appear.
12-24-3
Notice to and powers of elector chosen to fill vacancy.
12-24-4
Time and place of performance of constitutional duties by electors.
12-24-5
Compensation and mileage of electors.
CHAPTER 12-25
CANDIDATES' FINANCIAL INTEREST STATEMENTS
12-25-1 12-25-1 to 12-25-2. Repealed by SL 2007, ch 80, § 43.
12-25-3 12-25-3, 12-25-4. Repealed by SL 1975, ch 125, § 25.
12-25-4.1 12-25-4.1. Repealed by SL 2007, ch 80, § 43.
12-25-5 12-25-5, 12-25-6. Repealed by SL 1975, ch 125, § 25.
12-25-6.1 12-25-6.1, 12-25-6.2. Repealed by SL 2007, ch 80, § 43.
12-25-7 12-25-7 to 12-25-7.4. Repealed by SL 1976, ch 109, § 8.
12-25-8 12-25-8. Repealed by SL 1982, ch 86, § 99.
12-25-8.1 12-25-8.1, 12-25-8.2. Repealed by SL 1976, ch 109, § 8.
12-25-9 12-25-9 to 12-25-11. Repealed by SL 1975, ch 125, § 25.
12-25-12 12-25-12 to 12-25-13.1. Repealed by SL 2007, ch 80, § 43.
12-25-13.2 12-25-13.2. Repealed by SL 1979, ch 108, § 1.
12-25-13.3 12-25-13.3 to 12-25-14. Repealed by SL 2007, ch 80, § 43.
12-25-14.1 12-25-14.1. Repealed by SL 1975, ch 125, § 25.
12-25-14.2 12-25-14.2. Repealed by SL 1989, ch 135, § 2.
12-25-15 12-25-15. Repealed by SL 1982, ch 86, § 103.
12-25-16 12-25-16, 12-25-17. Repealed by SL 1975, ch 125, § 25.
12-25-18 12-25-18. Repealed by SL 2007, ch 80, § 43.
12-25-18.1 12-25-18.1. Repealed by SL 1989, ch 135, § 3.
12-25-19 12-25-19. Repealed by SL 1976, ch 109, § 8.
12-25-19.1 12-25-19.1 to 12-25-19.3. Repealed by SL 2007, ch 80, § 43.
12-25-20 12-25-20. Repealed by SL 1975, ch 125, § 25.
12-25-21 12-25-21, 12-25-22. Repealed by SL 2007, ch 80, § 43.
12-25-23 12-25-23. Repealed by SL 1982, ch 86, § 106.
12-25-24 12-25-24 to 12-25-26. Repealed by SL 2007, ch 80, § 43.
12-25-27 Definitions.
12-25-28 Statements by candidates for state or federal office subject to primary--Violation as petty offense or misdemeanor.
12-25-29 Statements by convention nominees for state office--Violation as petty offense or misdemeanor.
12-25-29.1 Statements by convention nominees of party with alternative political status--Violation as petty offense or misdemeanor.
12-25-30 Statements by candidates for local office--Violation as petty offense or misdemeanor.
12-25-31 Forms for financial statements--Value not required--Verification--Open to public.
12-25-31.1 Certain personally identifiable information of judicial officers excluded from public record.
12-25-32 12-25-32. Repealed by SL 1982, ch 86, § 110.
12-25-33 No filing fee for required statements.
12-25-34 Information from reports or statements--Sale or use for solicitation or commercial purpose prohibited--Misdemeanor.
12-26-1
Elections to which chapter applies.
12-26-2
Repealed.
12-26-3
False representation to procure registration or acceptance of vote as misdemeanor--Failure to deny false statement as misrepresentation.
12-26-4
Voting or offer to vote by unqualified person as misdemeanor.
12-26-5
Repealed.
12-26-6
Repealed.
12-26-7
Impersonation of registered voter as felony.
12-26-8
Voting more than once at any election as felony.
12-26-9
Good faith defense to prosecution for illegal voting.
12-26-10
Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting.
12-26-11
Disturbance of public meeting of voters as misdemeanor.
12-26-12
Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction
of voter on way to polls.
12-26-13
Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter.
12-26-14
Use of public relief, loans, or grants to influence political activity or vote as
misdemeanor.
12-26-15
Bribery of voter as misdemeanor--Acts constituting bribery.
12-26-16
Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.
12-26-17
Bribery or acceptance of bribe as infamous crime--Forfeiture of office.
12-26-18
Repealed.
12-26-19
Betting with intent to procure challenge as misdemeanor.
12-26-20
Repealed.
12-26-21
Disobedience of precinct superintendent or precinct deputy as misdemeanor.
12-26-22
Disturbance of election proceedings as misdemeanor.
12-26-23
Tampering with ballots, ballot box, or poll list as felony.
12-26-23.1
Tampering with automatic ballot counting devices, direct recording electronic voting
machines, and electronic ballot marking systems as felony.
12-26-24
Exclusion by precinct superintendent or precinct deputy of lawful vote as
misdemeanor.
12-26-25
False count or return by election official as misdemeanor--Defacement or
concealment of statement or certificate.
12-26-26
Repealed.
12-26-27
Bribery of election official as misdemeanor.
12-26-28
Offenses relating to election on submitted question.
12-26-29
Prevention of unlawful election not prohibited.
12-26-30
Irregularities in proceedings not a defense.
12-26-31
Offender as witness against another--Compelling testimony--Immunity from
prosecution.
CHAPTER 12-27
CAMPAIGN FINANCE REQUIREMENTS
12-27-1 Definitions.
12-27-2 Political committee chair and treasurer required--Violation as misdemeanor.
12-27-3 Statements of organization to be filed for political action committee, candidate campaign committee, and ballot question committee--Violation as misdemeanor.
12-27-4 12-27-4, 12-27-5. Repealed by SL 2017, ch 71, §§ 4, 5.
12-27-6 Contents of statement of organization.
12-27-7 Limits on contributions to statewide candidate or candidate's campaign committee--Violation as misdemeanor.
12-27-8 Limits on contributions to legislative or county candidate or candidate's campaign committee--Violation as misdemeanor.
12-27-9 Limits on contributions to political action committee--Violation as misdemeanor.
12-27-10 Limits on contributions to political party--Violation as misdemeanor.
12-27-10.1 12-27-10.1 to 12-27-10.3. Repealed by SL 2017, ch 72, §§ 8 to 10, eff. Feb. 2, 2017.
12-27-10.4 Affiliated entities sharing single contribution limit.
12-27-11 Required information about contributors--Contributions from unknown source to be donated to charitable entity--Violation as misdemeanor.
12-27-12 Disguised contributions prohibited--Misdemeanor.
12-27-13 Property purchased with contributions to be property of political committee.
12-27-14 Report of property sale by political committee--Violation as misdemeanor.
12-27-15 Political communications to contain certain language--Exceptions--Violation as misdemeanor.
12-27-16 Statements and disclaimers regarding independent communication expenditures--No control by candidate or political committee--Violation as misdemeanor.
12-27-16.1 Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
12-27-17 12-27-17, 12-27-17.1. Repealed by SL 2017, ch 222 (Initiated Measure 22), §§ 17, 18, eff. Nov. 16, 2016.
12-27-18 Independent communication expenditures--Violation as misdemeanor.
12-27-18.1 Acceptance of contributions by ballot question committee.
12-27-18.2 Repealed.
12-27-19 Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor.
12-27-20 Public funds to influence election outcome prohibited--Penalty.
12-27-21 Contributions from public entities--Prohibition--Violation as misdemeanor.
12-27-21.1 Time for submission of statements--Violation as misdemeanor.
12-27-22 Persons and entities required to submit campaign finance disclosure statements--Violation as misdemeanor.
12-27-22.1 Circumstances under which campaign finance disclosure report not required.
12-27-22.2 Reports only include contributions and expenditures related to this state.
12-27-23 12-27-23. Repealed by SL 2018, ch 84, § 7.
12-27-24 Contents of campaign finance disclosure report.
12-27-24.1 12-27-24.1. Repealed by SL 2017, ch 72, § 22, eff. Feb. 2, 2017.
12-27-25 Termination report.
12-27-26 Requirements for dissolution of political committee.
12-27-27 Conditions requiring filing of amended statement or report--Time for filing--Violation as misdemeanor--Civil penalty.
12-27-28 Conditions requiring filing of supplemental report--Time for filing--Violation as misdemeanor.
12-27-29 Records required to be kept by treasurer of political committee--Violation as misdemeanor.
12-27-29.1 Civil penalty for failure to timely file statement, amendment, or correction.
12-27-29.2 Order assessing penalty--Contents--Appeal--Termination of committee.
12-27-29.3 Prohibition of certification as candidate for failure to pay penalties or file required documents.
12-27-29.4 Repeated failure to perform duty--Additional penalty--Referral for prosecution.
12-27-29.5 Candidate jointly and severally responsible with treasurer for penalty--Decertification.
12-27-30 Civil penalty for failure to timely file statement, amendment, or correction with county, township, municipality, school district, or special purpose district.
12-27-31 Forms to be adopted by secretary of state--Oath or affirmation.
12-27-32 Preservation and destruction of statements in public records.
12-27-33 Sale and certain uses of information in statements or reports prohibited--Misdemeanor.
12-27-34 Intentionally false or misleading statements prohibited--Felony.
12-27-35 Investigation and prosecution of violations by attorney general--Civil actions.
12-27-36 Access to records by attorney general--Violation as misdemeanor.
12-27-37 Confidentiality of records.
12-27-38 Candidate may not be certified or to forfeit office for felony violation.
12-27-39 Application of campaign finance requirements.
12-27-40 Investigation and prosecution of violations by state's attorney--Civil actions.
12-27-41 Filing by electronic transmission.
12-27-41.1 12-27-41.1. Repealed by SL 2017, ch 72, § 28, eff. Feb. 2, 2017.
12-27-42 Place of filing.
12-27-42.1 12-27-42.1. Repealed by SL 2017, ch 72, § 29, eff. Feb. 2, 2017.
12-27-43 Action for civil penalty for certain violations.
12-27-44 12-27-44. Repealed by SL 2009, ch 68, § 1.
12-27-45 Additional standards adopted by political subdivision.
12-27-46 12-27-46. Repealed by SL 2017, ch 72, § 30, eff. Feb. 2, 2017.
12-27-47 Affidavit alleging violation of campaign finance requirements--Contested case--Referral for investigation.
12-27-47.1 Report of certain campaign finance violations to secretary of state--Investigation--Civil penalty.
12-27-48 False allegation of misconduct as misdemeanor.
12-27-49 Effect of secretary of state's filing or refusing to file document.
12-27-50 Limitation on uses for contributions received by candidate campaign committee.
12-27-51 Period to cure campaign finance violation.
12-28-1 to 12-28-37. Repealed .