<html> <head> <title>Rule 12:09:04:08 Certification of election.</title> <META NAME="Keywords" Content="Administrative Rules 12:09:04:08"> <META NAME="Description" Content="Administrative Rules 12:09:04:08 Certification of election."> <meta name=Generator content="Microsoft Office HTML Filter 2.0"> <meta http-equiv=Content-Type content="text/html; charset=windows-1252"> <meta name=Originator content="Microsoft Word 10"> <style> <!-- --> </style> </head> <body lang=EN-US> <div> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>12:09:04:08.&nbsp;&nbsp;Certification of election.</b> The council shall declare the specified polling place as defined in &nbsp;12:09:04:06 as the designation to which ballots and return ballot envelopes shall be mailed or delivered. The council shall also appoint a committee of three persons to serve as election judges. One of the election judges shall be the South Dakota State University Cooperative Extension Agent, or acting agent, from one of the counties in that district if available. The election judges shall meet at the specified designated polling place after the annual election date and before July 1 each year to tabulate the election results. The election judges are responsible for ballot security and counting and shall enter the results on the certification of election form, and sign the certification of election. The election judges shall deliver the signed certification of election form, together with all ballots and envelopes to the council office or a designated representative. The election judges are also responsible for certifying that all who vote are eligible voters according to SDCL <A HREF="/statutes/DisplayStatute.aspx?Type=Statute&Statute=38-29-3">38-29-3.</A> Ballots declared invalid shall be kept separated from valid ballots and may not be counted toward the outcome of the election. The council shall preserve all ballots and envelopes for 90 days. Before certifying the election results to the council, the election judges shall assure the following:</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (1)&nbsp;&nbsp;That returned ballots have been postmarked by the annual election date; and</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; (2)&nbsp;&nbsp;That there is no more than one vote per grower on the completed ballot.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; If any one of these criteria is not met by ballot, the election judges shall declare the individual ballot invalid and may not count it toward the outcome of the election. The election judges shall count the ballots received.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>Source:</b> 11 SDR 88, effective January 8, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 24 SDR 179, effective June 28, 1998.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>General Authority:</b> SDCL <A HREF="/statutes/DisplayStatute.aspx?Type=Statute&Statute=38-29-3">38-29-3.</A></p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>Law Implemented:</b> SDCL <A HREF="/statutes/DisplayStatute.aspx?Type=Statute&Statute=38-29-3">38-29-3.</A></p> </div> </body> </html>