12-21-20. Notice to circuit judge of recount petition--Appointment and convening of recount board.

The county auditor, immediately on the due filing of any petition for a recount or upon receipt from the secretary of state of notice of the filing with the secretary of state, shall notify in writing, with the seal of the auditor's office, the presiding judge of the circuit court for the auditor's county. The presiding judge shall appoint a board, pursuant to § 12-21-2, for each county in the circuit in which a recount is to be conducted. The presiding judge may appoint the board anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. Except as provided in § 12-21-11, the board shall convene in the office of the county auditor on:

(1)    The second Monday following the filing of the petition at nine a.m.;

(2)    The second Tuesday following the filing of the petition at nine a.m., if the second Monday is a legal holiday; or

(3)    A date selected by the presiding judge when necessary to avoid undue conflict with the electoral process and ensure the timely facilitation of a recount. The date selected by the presiding judge must provide the opportunity for recount witnesses as required by § 12-21-26.

The county auditor shall provide the recount board with laws, rules, and forms to use in conducting the recount. The board shall then proceed with the recount.

Source: SDC 1939, § 16.1809; SL 1967, ch 75; SL 1968, ch 143, § 8; SL 1974, ch 118, § 177; SL 1983, ch 118; SL 1989, ch 133; SL 2000, ch 73, § 3; SL 2002, ch 77, § 2; SL 2023, ch 53, § 1.



SDLRC - Codified Law 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.

If the presiding circuit court judge in consultation with the county auditor determines that a single recount board in a county is unlikely to complete the recount in five working days, the presiding judge may appoint more than one recount board for that county. The presiding judge shall determine which precincts each recount board shall be appointed to recount.

Source: SL 2003, ch 85, § 1.