South Dakota Administrative Code

05:02:16:01.01. Ballot drop box security. The person in charge of the election may place a receptacle or container at the person’s office for voters to return a voted absentee ballot. If a receptacle or container is used, the person in charge of the election, or the person’s desi…

Rule 05:02:16:02 Signing of oaths. 5:02:16:02. Signing of oaths. The counting board, before assuming its duties, shall execute the oath of office printed in the pollbook. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective Jul…

Rule 05:02:16:03 Public vote count. 5:02:16:03. Public vote count. In the presence of all persons desiring to attend the vote counting, the precinct election board or counting board shall immediately proceed to publicly count the votes received at the polls and shall continue wit…

Rule 05:02:16:04 Use of tally sheets. 5:02:16:04. Use of tally sheets. The precinct election board or the counting board shall use the tally sheets prescribed by § 5:02:17:07 in the vote counting. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 197…

Rule 05:02:16:05 Comparison of registration list and pollbook. 5:02:16:05. Comparison of registration list and pollbook. The counting board shall begin the vote count by counting the ballots as prescribed in §§ 5:02:16:06 to 5:02:16:08, inclusive. If the ballot count does not agr…

Rule 05:02:16:06 Opening ballot box. 5:02:16:06. Opening ballot box. The ballot box shall then be opened and the ballots taken out, sorted so that all ballots on certain candidacies and issues are separately identified, and counted by the members of the counting board unopened, e…

Rule 05:02:16:07 Folded ballots separated. 5:02:16:07. Folded ballots separated. If two or more ballots are found folded together presenting the appearance of a single ballot, the ballots shall be laid aside until the count of the ballots is completed. If, upon the comparison of …

Rule 05:02:16:08 Duplicate ballots. 5:02:16:08. Duplicate ballots. For the purpose of determining the proper number of ballots in the box, any ballots folded together determined to be duplicate ballots of one voter shall be counted as a single ballot. There are two types of dupli…

Rule 05:02:16:09 Drawing of excess ballots. 5:02:16:09. Drawing of excess ballots. If the number of ballots in the ballot box shall be found to exceed in number the number of voters in the pollbook, as reconciled by §§ 5:02:16:05 and 5:02:16:08, the ballots shall be replaced in t…

Rule 05:02:16:09.01 Endorsing of excess ballots. 5:02:16:09.01. Endorsing of excess ballots. Any excess ballots drawn from the ballot box pursuant to § 5:02:16:09 shall be endorsed "Excess Ballots Not Counted." Source: 4 SDR 26, effective October 27, 1977. General Authority:SDCL …

Rule 05:02:16:10 Unstamped ballots. 5:02:16:10. Unstamped ballots. In the counting of the official vote, any ballot not covered by § 5:02:16:07, 5:02:16:08, or 5:02:16:09.01 which is not endorsed by the official stamp is void and may not be counted. All such ballots shall be endo…

Rule 05:02:16:11 Separation of ballots. 5:02:16:11. Separation of ballots. The counting board shall next proceed to further separate the ballots. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 167, e…

Rule 05:02:16:12 Order of vote counting. 5:02:16:12. Order of vote counting. The counting of votes for each candidate shall be in the same order as the candidates appear on the ballot. Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993. General Author…

Rule 05:02:16:13 Repealed. 5:02:16:13. Scrutiny of ballots by judges.Repealed. Source: 4 SDR 26, effective October 27, 1977; 20 SDR 4, effective July 19, 1993; 23 SDR 236, effective July 17, 1997; repealed, 25 SDR 167, effective July 6, 1999.

Rule 05:02:16:14 Scrutiny of ballots by counting board. 5:02:16:14. Scrutiny of ballots by counting board. At least two precinct deputies of the counting board of opposite political parties shall scrutinize each ballot to determine the vote on that ballot. The precinct superinten…

Rule 05:02:16:15 Tally of ballots. 5:02:16:15. Tally of ballots. As the vote is announced, one counting board member shall make the required mark on the tally sheet in the pollbook and another counting board member shall make the required mark on the duplicate tally sheet. Source…

Rule 05:02:16:16 Repealed. 5:02:16:16. Voter's intent. Repealed. Source: 4 SDR 26, effective October 27, 1977; 25 SDR 167, effective July 6, 1999; repealed, 32 SDR 225, effective July 3, 2006.

Rule 05:02:16:17 Repealed. 5:02:16:17. Identifying marks.Repealed. Source: 4 SDR 26, effective October 27, 1977; 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 25 SDR 167, effective July 6, 1999; repealed, 26 SDR 1…

Rule 05:02:16:17.01 Write-in votes not counted. 5:02:16:17.01. Write-in votes not counted. As each ballot is being examined to determine how the vote was cast for each office, the counting board shall determine if any write-in was placed on the ballot. The write-in may not be cou…

Rule 05:02:16:17.02 Counting imperfectly marked paper ballots. 5:02:16:17.02. Counting imperfectly marked paper ballots. A mark that touches the circle or square on a paper ballot shall be counted as a vote; any mark that does not touch the circle or square and is not in the circ…

Rule 05:02:16:18 Repealed. 5:02:16:18. Marks to be construed as crosses or check marks.Repealed. Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; repealed, 16 SDR 20, effective August 10, 1989.

Rule 05:02:16:19 Repealed. 5:02:16:19. Crossing out names.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 6 SDR 25, effective September 24, 1979.

Rule 05:02:16:20 Repealed. 5:02:16:20. Failure to touch box.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 4 SDR 85, effective June 14, 1978.

Rule 05:02:16:21 Voter's intent to be determined. 5:02:16:21. Voter's intent to be determined. If in accordance with this chapter it is impossible to determine the voter's intent on any ballot or part of a ballot, that portion of the ballot shall be void and shall not be counted …

Rule 05:02:16:22 Repealed. 5:02:16:22. Abrogating of prior court decisions.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 4 SDR 85, effective June 14, 1978. Rule 05:02:16:22.01 Use of prior court decision. 5:02:16:22.01. Use of prior court decision. In using a …

Rule 05:02:16:22.01 Use of prior court decision. 5:02:16:22.01. Use of prior court decision. In using a court decision for construing a counting requirement, the election board or counting board shall determine which laws were in effect when the court decision was rendered and de…

Rule 05:02:16:23 Repealed. 5:02:16:23. Automated tabulating system ballot markings.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 26 SDR 168, effective June 25, 2000.

Rule 05:02:16:24 Repealed. 5:02:16:24. Crossing party lines.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 6 SDR 123, effective July 2, 1980; 8 SDR 24, effective September 16, 1981; 11 SDR 120, effective March 11, 1985; repealed, 2…

Rule 05:02:16:25 Unofficial returns of precinct vote. 5:02:16:25. Unofficial returns of precinct vote. The election supplies provided to the counting board shall include a form for reporting the immediate unofficial returns of precinct vote, together with an envelope. The form fo…

Rule 05:02:16:26 Entry of precinct vote on unofficial return list. 5:02:16:26. Entry of precinct vote on unofficial return list. Upon the unofficial return as set forth in § 5:02:16:25, the counting board shall enter the vote cast in that precinct for each office or question whic…

Rule 05:02:16:27 Repealed. 5:02:16:27. Official return sheets for voting machine precincts.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:28 Repealed. 5:02:16:28. Voting machine precinct printing and photographing of returns.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:29 Repealed. 5:02:16:29. Official returns for voting machine precincts.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:30 Repealed. 5:02:16:30. Official count of voting machine precincts.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; repealed, 23 SDR 115, effective January 22, 1997.

Rule 05:02:16:31 Signing of certificates. 5:02:16:31. Signing of certificates. The precinct superintendent and precinct deputies of the precinct election board and county board shall complete and sign the certificates following the list of voters in the pollbook, the tally sheets…

Rule 05:02:16:32 Repealed. 5:02:16:32. Deposit of counted ballots.Repealed. Source: 4 SDR 26, effective October 27, 1977; repealed, 10 SDR 27, effective September 26, 1983.

Rule 05:02:16:33 Procedure for placing voted ballots in the ballot box. 5:02:16:33. Procedure for placing voted ballots in the ballot box. After the count has been completed, the election board or counting board shall place the voted ballots in the ballot box keeping them separat…

Rule 05:02:16:34 Return of unvoted ballots. 5:02:16:34. Return of unvoted ballots. All spoiled and unused ballots shall be returned to the person in charge of the election in plain wrappers or envelopes with the words "spoiled ballots" or "unused ballots" added to each wrapper or…

Rule 05:02:16:34.01 Return of duplicate ballots of one voter not counted. 5:02:16:34.01. Return of duplicate ballots of one voter not counted. Each type of duplicate ballots, as identified in § 5:02:16:08, shall be returned to the ballot box in a plain wrapper or envelope and sea…

Rule 05:02:16:35 Ballots voted but not counted. 5:02:16:35. Ballots voted but not counted. Except as provided by § 5:02:16:34.01, all ballots voted but not counted shall be returned to the ballot box in a plain wrapper or envelope and sealed as provided in § 5:02:16:34 with the w…

5:02:16:36. Recapitulation sheet. In elections using hand-counted paper ballots, a recapitulation sheet in the following form must be filled out indicating the disposition of the ballots: Ballots received from auditor__________ Ballots received after polls open__________ Absentee…

Rule 05:02:16:37 Sealing of ballot box. 5:02:16:37. Sealing of ballot box. Following the deposit of all voted ballots except those in § 5:02:16:34, the precinct or counting board shall seal the ballot box with a security seal for each place where box and clasp connect. The securi…

Rule 05:02:16:38 Repealed. 5:02:16:38. Use of paper seals on ballot box. Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; repealed, 35 SDR 306, effective July 1, 2009.

Rule 05:02:16:39 Form of the paper seal. 5:02:16:39. Form of the paper seal. The paper seal used pursuant to §§ 5:02:09:04.03(8) and 5:02:16:38 shall be in the following form: BALLOT BOX SEAL SIGNATURES OF COUNTING BOARD OR PRECINCT BOARD _________________________ _______________…

Rule 05:02:16:40 Return and sealing of pollbook. 5:02:16:40. Return and sealing of pollbook. The pollbook shall be placed in a pollbook return envelope and the envelope sealed with the pollbook envelope seal prescribed in § 5:02:16:41. The sealed envelope and its contents shall n…

Rule 05:02:16:41 Pollbook envelope seal. 5:02:16:41. Pollbook envelope seal. The pollbook envelope seal shall be in the following form: POLLBOOK ENVELOPE SEAL ______________PRECINCT Source: 4 SDR 26, effective October 27, 1977; 5 SDR 31, effective November 1, 1978. General Author…

Rule 05:02:16:41.01 Return of duplicate tally sheet. 5:02:16:41.01. Return of duplicate tally sheet. The duplicate tally sheet and official vote count shall be placed in a duplicate tally sheet envelope. The sealed envelope and its contents shall not be placed in the ballot box a…