South Dakota Administrative Code

Rule 05:02:08:27 Form of petition for water project district director by division. 5:02:08:27. Form of petition for water project district director by division. The nominating petition for a director of a water project district by division shall be in the following form: NOMINATI…

Rule 05:02:08:28 Form of petition for water project district director at large. 5:02:08:28. Form of petition for water project district director at large. The nominating petition for a director at large of a water project district shall be in the following form: NOMINATING PETITI…

Rule 05:02:08:29 Form of petition for school district reorganization through dissolution. 5:02:08:29. Form of petition for school district reorganization through dissolution. The petition for school district reorganization through dissolution shall be in the following form: PETIT…

Rule 05:02:08:30 Form of petition for multiple school district reorganization to create a new district. 5:02:08:30. Form of petition for multiple school district reorganization to create a new district. The petition for multiple school district reorganization to create a new dist…

Rule 05:02:08:31 Form of petition for reconsideration of rejected school district reorganization plan. 5:02:08:31. Form of petition for reconsideration of rejected school district reorganization plan. The petition for reconsideration of a rejected school district reorganization p…

Rule 05:02:08:32 Form of petition for combining county offices. 5:02:08:32. Form of petition for combining county offices. The petition for combining county offices shall be in the following form: PETITION FOR COMBINING COUNTY OFFICES WE, THE UNDERSIGNED qualified voters of _____…

Rule 05:02:08:33 Form of petition for combining a county office with the same office in other counties. 5:02:08:33. Form of petition for combining a county office with the same office in other counties. The petition for combining a county office with the same office in other coun…

Rule 05:02:08:34 Form of nominating petition for township election. 5:02:08:34. Form of nominating petition for township election. The nominating petition for a township election must be in the following form: NOMINATING PETITION FOR TOWNSHIP ELECTION INSTRUCTIONS TO CANDIDATE: T…

Rule 05:02:08:35 Form of nominating petition for special district trustee. 5:02:08:35. Form of nominating petition for special district trustee. The petition for special district trustees must be in the following form: NOMINATING PETITION FOR DISTRICT TRUSTEE WE, THE UNDERSIGNED …

Rule 05:02:08:36 Form of petition for conservation district supervisor -- Nonpartisan election. 5:02:08:36. Form of petition for conservation district supervisor -- Nonpartisan election. The nominating petition for conservation district supervisor must be in the following form: N…

Rule 05:02:08:37 Repealed. 5:02:08:37. Form of petition for urban area conservation district supervisor -- Nonpartisan election. Repealed. Source: 20 SDR 4, effective July 19, 1993; 27 SDR 146, effective July 9, 2001; 44 SDR 94, effective December 4, 2017. q

Rule 05:02:08:38 Repealed. 5:02:08:38. Form of petition for rural landowner or occupier conservation district supervisor -- Nonpartisan election. Repealed Source: 20 SDR 4, effective July 19, 1993; 27 SDR 146, effective July 9, 2001; 44 SDR 94, effective December 4, 2017.

Rule 05:02:08:39 Form of petition for organization of a county road, ambulance, rural fire protection, sanitary, watershed, or water project district. 5:02:08:39. Form of petition for organization of a county road, ambulance, rural fire protection, sanitary, watershed, or water p…

Rule 05:02:08:40 Form of petition for a resolution of cooperation or consolidation. 5:02:08:40. Form of petition for a resolution of cooperation or consolidation. The form of a petition for proposing a resolution of cooperation by a local government entity or consolidation of loc…

Rule 05:02:08:41 Form of petition for referring a tax levy opt-out. 5:02:08:41. Form of petition for referring a tax levy opt-out. The petition for referring a tax levy opt-out must be in the following form: ____________________ (insert jurisdiction) EXCESS TAX LEVY REFERENDUM PE…

Rule 05:02:08:42 Form of petition for consumers power district director. 5:02:08:42. Form of petition for consumers power district director. The nominating petition for a director of a consumers power district shall be in the following form: NONPARTISAN NOMINATING PETITION FOR CO…

Rule 05:02:08:43 Form of petition for establishing or eliminating school board representation areas. 5:02:08:43. Form of petition for establishing or eliminating school board representation areas. The petition for establishing or eliminating school board representation areas shal…

Rule 05:02:08:44 Form of petition for referring the discontinuance of an attendance center. 5:02:08:44. Form of petition for referring the discontinuance of an attendance center. The petition for referring the discontinuance of an attendance center shall be in the following form:…

5:02:08:45. Form for precinct committeeman or committeewoman statement of candidacy. The statement for precinct committeeman or committeewoman candidacy must be in the following form: Precinct Committeeman or Committeewoman Statement I, _______________________, of ______________ …

Rule 05:02:08:46 Form of petition for a school board to implement a school sentinel program. 5:02:08:46. Form of petition for a school board to implement a school sentinel program. The petition for implementing a school sentinel program shall be in the following form: PETITION FO…

Rule 05:02:09:01 Repealed. 5:02:09:01. Notice of use of electronic voting systems.Repealed. Source: 2 SDR 5, effective July 30, 1975; 6 SDR 25, effective September 24, 1979; repealed, 21 SDR 77, effective October 24, 1994. 5:02:09:01.01. Notice of testing automatic tabulating equ…

5:02:09:01.01. Notice of testing automatic tabulating equipment. The notice of testing the automatic tabulating equipment shall be in the following form: NOTICE OF TESTING AUTOMATIC TABULATING EQUIPMENT ( The person in charge of the election shall give notice of the testing of th…

5:02:09:01.02. Test of tabulating equipment. The person in charge of the election shall conduct tests of the automatic tabulating equipment as required in SDCL 12-17B-5 and 12-17B-12. The test must be conducted by processing a preaudited group of ballots in a test deck marked to …

Rule 05:02:09:01.03 Repealed. 5:02:09:01.03. Test of direct recording electronic voting machines. Repealed. Source: 29 SDR 113, effective January 30, 2003; 47 SDR 37, effective October 6, 2020.

05:02:09:01.04. Sealing tabulating equipment. After the automatic tabulating equipment produces an errorless count during a test, the person in charge of the election must seal the equipment as follows, according to the type of machine used in the election: (1) DS200: (a) Open th…

Rule 05:02:09:02 Approval of automatic tabulating systems required before distribution. 5:02:09:02. Approval of automatic tabulating systems required before distribution. Prior to distribution in South Dakota, a company or corporation dealing in automatic tabulating or electronic…

Rule 05:02:09:02.01 Criteria for approving automatic tabulating systems. 5:02:09:02.01. Criteria for approving automatic tabulating systems. Before the State Board of Elections grants a certificate of approval, the following automatic tabulating equipment capabilities of an elect…

Rule 05:02:09:02.02 Repealed. 5:02:09:02.02. Criteria for approving direct recording electronic voting machines. Repealed. Source: 29 SDR 113, effective January 30, 2003; 29 SDR 177, effective July 2, 2003; 46 SDR 42, effective September 30, 2019.

Rule 05:02:09:02.03 Criteria for approving electronic ballot marking systems. 5:02:09:02.03. Criteria for approving electronic ballot marking systems. Before the State Board of Elections grants a certificate of approval, the following capabilities of the electronic ballot marking…

Rule 05:02:09:03 Number of voting booths. 5:02:09:03. Number of voting booths. In counties where automatic tabulating systems are used, the county auditor shall provide at least one voting booth for each 100 votes cast at the last comparable election. Source: 2 SDR 5, effective J…

Rule 05:02:09:04 Repealed. 5:02:09:04. Test of preaudited ballots.Repealed. Source: 2 SDR 5, effective July 30, 1975; 6 SDR 25, effective September 24, 1979; repealed, 21 SDR 77, effective October 24, 1994. Rule 05:02:09:04.01 Repealed. 5:02:09:04.01 Instructions for voting.Repea…

Rule 05:02:09:04.01 Repealed. 5:02:09:04.01 Instructions for voting.Repealed. Source: 5 SDR 31, effective November 1, 1978; repealed, 21 SDR 77, effective October 24, 1994.

Rule 05:02:09:04.02 Repealed. 5:02:09:04.02. Instructions for absentee voting.Repealed. Source: 5 SDR 31, effective November 1, 1978; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 14 SDR 19, effective August 9, 1987; 20 SDR 4, effective July 19,…

Rule 05:02:09:04.03 Arrangements for and conduct of voting in precincts where automatic tabulating systems used. 5:02:09:04.03. Arrangements for and conduct of voting in precincts where automatic tabulating systems used. The following procedures apply to the arrangements for and …

Rule 05:02:09:04.04 Tabulation procedures. 5:02:09:04.04. Tabulation procedures. The procedures for receiving, preparing, and tabulating the ballots are as follows: (1) The tabulation technicians shall compare the total number of ballots shown on the return printed by the equipme…

Rule 05:02:09:04.05 Election day test of electronic ballot marking system. 5:02:09:04.05. Election day test of electronic ballot marking system. Prior to the opening of the polls, the precinct superintendent must test the electronic ballot marking system for proper operation usin…

5:02:09:05. Recount procedure. The following procedure in the order provided must be used in recounting any election counted by an automatic tabulating system: (1) If a discrepancy in the number of ballots for a precinct is discovered during ballot tabulation and is not resolved …

Rule 05:02:09:06 Repealed. 5:02:09:06. Program requirements.Repealed. Source: 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 1979; repealed, 21 SDR 77, effective October 24, 1994.

Rule 05:02:09:07 Repealed. 5:02:09:07. Slip for recording number of voters and discrepancies noted at time of counting -- Primary election.Repealed. Source: 3 SDR 69, effective April 10, 1977; 5 SDR 31, effective November 1, 1978; 6 SDR 123, effective July 2, 1980; 8 SDR 81, effe…

Rule 05:02:09:08 Repealed. 5:02:09:08. Slip for recording number of voters and discrepancies noted at time of counting -- General election.Repealed. Source: 5 SDR 31, effective November 1, 1978; 8 SDR 81, effective January 10, 1982; repealed, 21 SDR 77, effective October 24, 1994…

Rule 05:02:09:09 Unnecessary items in the pollbook. 5:02:09:09. Unnecessary items in the pollbook. Electronic voting precincts do not need tally sheets, official vote count sheet, or the oath or certificate of the counting board in the pollbook. Source: 5 SDR 31, effective Novemb…

Rule 05:02:09:10 Repealed. 5:02:09:10. Immediate unofficial returns.Repealed. Source: 5 SDR 31, effective November 1, 1978; repealed, 8 SDR 81, effective January 10, 1982.

Rule 05:02:09:11 Official and unofficial election results. 5:02:09:11. Official and unofficial election results. The unofficial returns shall include the date and name of election, identification of the jurisdiction, precinct, names of candidates, offices sought, political party …

Rule 05:02:09:11.01 Repealed. 5:02:09:11.01. Certification of the official returns.Repealed. Source: 8 SDR 81, effective January 10, 1982; repealed, 21 SDR 77, effective October 24, 1994.

Rule 05:02:09:11.02 Repealed. 5:02:09:11.02. Unofficial election returns.Repealed. Source: 8 SDR 81, effective January 10, 1982; repealed, 21 SDR 77, effective October 24, 1994.

Rule 05:02:09:12 Repealed. 5:02:09:12. Envelope for immediate unofficial return and pollbook.Repealed. Source: 5 SDR 31, effective November 1, 1978; repealed, 8 SDR 81, effective January 10, 1982.

Rule 05:02:09:13 Envelope for official returns. 5:02:09:13. Envelope for official returns. The returns printed from the tabulating or accumulation equipment shall be sealed in a manila envelope clearly labeled "Final Unofficial Returns" and kept with the pollbook until the meetin…