South Dakota Administrative Code

Rule 05:02:16:42 Return of election material. 5:02:16:42. Return of election material. The sealed ballot box together with the sealed pollbook, sealed duplicate tally sheet and official vote count, sealed provisional ballot return envelope, registration lists, and envelopes conta…

Rule 05:02:16:43 Purpose of this chapter. 5:02:16:43. Purpose of this chapter. This chapter is designed to assist in the counting of ballots and is not to be construed to encourage voters to mark their ballots in any way other than (X) or (ü) in the box. Source: 4 SDR 26, effecti…

Rule 05:02:16:44 Provisional and uncounted absentee ballot return envelope. 5:02:16:44. Provisional and uncounted absentee ballot return envelope. When ballots are counted at the precinct, provisional ballot envelopes containing provisional ballots and envelopes containing uncoun…

Rule 05:02:17:01 Repealed. 5:02:17:01. Size of pollbook.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 8, effective August 3, 1998; repealed, 30 SDR 171, effective May 10, 2004.

Rule 05:02:17:02 Pollbook binding. 5:02:17:02. Pollbook binding. The cover and sheets of the pollbook must be securely bound. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 8, effective August 3, 1998; 25 SDR 167, effective July 6, 19…

Rule 05:02:17:03 Contents of cover. 5:02:17:03. Contents of cover. The cover of the pollbook must be in the following form: DO NOT PUT IN BALLOT BOX ______________ELECTION POLLBOOK AND OFFICIAL VOTE COUNT WITH TALLY SHEETS ______________ WARD ______________ PRECINCT CITY TOWN ___…

Rule 05:02:17:03.01 Envelope for the pollbook. 5:02:17:03.01. Envelope for the pollbook. The pollbook must be placed in the envelope prescribed by § 5:02:16:40. Source: 5 SDR 31, effective November 1, 1978; 25 SDR 8, effective August 3, 1998. General Authority:SDCL 12-1-9(4), 12-…

Rule 05:02:17:04 Oath of precinct election board. 5:02:17:04. Oath of precinct election board.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 8, effective August 3, 1998; 25 SDR 167, effective July 6, 1999; repealed, 31 SDR 3…

Rule 05:02:17:05 Oath of counting board. 5:02:17:05. Oath of counting board.Repealed. Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 20 SDR 4, effective July 19, 1993; 25 SDR 8, effective August 3, 1998; 25 SDR 167, effective July 6, 1999; r…

Rule 05:02:17:06 List of voters. 5:02:17:06. List of voters. The list of voters must consist of the following three columns. (1) Column one must be NUMBER OF PERSONS VOTING; (2) Column two must be NAME OF VOTER; and (3) Column three must be TYPE OF BALLOTS (small column). Source:…

Rule 05:02:17:07 Tally sheets. 5:02:17:07. Tally sheets. The tally sheets must be ruled by horizontal and perpendicular lines to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the others at an oblique angle. Eac…

Rule 05:02:17:08 Official vote count. 5:02:17:08. Official vote count. The official vote count must consist of the following four columns: (1) Column one, TITLE OF OFFICE; (2) Column two, NAME OF CANDIDATE; (3) Column three, NUMBER OF VOTES RECEIVED IN FIGURES; and (4) Column fou…

Rule 05:02:17:09 Certification by precinct election board. 5:02:17:09. Certification by precinct election board. The members of the precinct election board shall sign the following certification which is located in the pollbook following the list of voters: We hereby certify that…

Rule 05:02:17:10 Certification by counting board. 5:02:17:10. Certification by counting board. The counting board shall sign the following certification which is located in the pollbook following the tally sheet and official vote count and the duplicate tally sheet/official vote …

Rule 05:02:17:11 Official canvass sheet -- Municipalities, school districts, and other local jurisdictions. 5:02:17:11. Official canvass sheet -- Municipalities, school districts, and other local jurisdictions. The official canvass sheet used by the governing body of a municipali…

Rule 05:02:17:12 Duties of official board of canvassers for local jurisdiction. 5:02:17:12. Duties of official board of canvassers for local jurisdiction. The duties of the official board of canvassers for a local jurisdiction are as follows: (1) Open the returns from each precin…

Rule 05:02:17:13 Certification of provisional ballot count. 5:02:17:13. Certification of provisional ballot count. The certification of provisional ballot count shall be a table containing the following elements: (1) Precinct Name; (2) Name of candidate or ballot question; (3) Nu…

Rule 05:02:17:14 Electronic pollbook security. 5:02:17:14. Electronic pollbook security. The file containing active and inactive registered voter names, numbers, ballot types and other voter information for an electronic pollbook must be located in the electronic pollbook. The el…

Rule 05:02:19:01 Reconvening of a recount. 5:02:19:01. Reconvening of a recount. The recount board may recess from time to time, however, the recount shall not reconvene nor shall the ballots be handled until the appointed time for reconvening. Notice of time and place of meeting…

Rule 05:02:19:02 Staff for recount board. 5:02:19:02. Staff for recount board. The county auditor shall be responsible for providing administrative support and staff for the recount board. Source: 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979. Gener…

Rule 05:02:19:03 Precautions to insure against tampering. 5:02:19:03. Precautions to insure against tampering. The county auditor shall take precautions to insure against tampering with the ballots. Source: 5 SDR 31, effective November 1, 1978. General Authority:SDCL 12-1-9, 12-2…

Rule 05:02:19:04 Counting rules to apply. 5:02:19:04. Counting rules to apply. The rules in chapters 5:02:09 and 5:02:16 regarding the counting of ballots also apply to recounts. Source: 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 19 SDR 12, effe…

5:02:19:05. Candidate's petition for recount. A candidate's petition for recount must be in the following form: CANDIDATE'S PETITION FOR RECOUNT I, _____________________, candidate for the office of _____________________________, believe that a recount will change the result of t…

Rule 05:02:19:06 Precinct voters' petition for recount. 5:02:19:06. Precinct voters' petition for recount. The precinct voters' petition for recount shall be filed with the person in charge of the election and shall be in the following form: PRECINCT VOTERS' PETITION FOR RECOUNT …

Rule 05:02:19:07 Voters' petition for recount on questions submitted to the entire state. 5:02:19:07. Voters' petition for recount on questions submitted to the entire state. The voters' petition for recount on questions submitted to the entire state shall be filed with the secre…

Rule 05:02:19:08 Certificate of recount. 5:02:19:08. Certificate of recount. The Certificate of Recount shall be in the following form: STATE OF SOUTH DAKOTA ) ) SS CERTIFICATE OF RECOUNT COUNTY OF _____________ ) WE, THE UNDERSIGNED members of the __________________ (insert juri…

Rule 05:02:19:09 Certificate of disputed ballots. 5:02:19:09. Certificate of disputed ballots. The Certificate of Disputed Ballots shall be in the following form: STATE OF SOUTH DAKOTA) ) SS CERTIFICATE OF DISPUTED BALLOTS COUNTY OF _____________ ) WE, THE UNDERSIGNED members of …

Rule 05:02:19:10 Voters' petition for recount in close municipal or school ballot question election. 5:02:19:10. Voters' petition for recount in close municipal or school ballot question election. The voters' petition for recount in a close municipal or school ballot question ele…

5:02:19:11. Oath of recount board. Before performing any duty pertaining to the recount of an election, each recount board member shall make the following oath or affirmation: I, name, do solemnly swear (or affirm) that I will, to the best of my ability, impartially perform the d…

05:02:21:01. Voter cancellation form. A county auditor shall use the following form when a voter voluntarily cancels the voter's voter registration or when informed of the death of a voter: To cancel your voter record in South Dakota's Statewide Voter Registration System, or info…

Rule 05:02:22:01 Repealed. 5:02:22:01. Submission of vote center plan. Repealed. Source: 39 SDR 123, effective January 16, 2013; 42 SDR 178, effective July 1, 2016.

Rule 05:02:22:02 Ballot for for vote centers. 5:02:22:02. Ballot form for vote centers. The form of the ballot used in conjunction with vote centers shall comply with chapter 5:02:06 except that the ballot shall designate the ballot style. The designation shall be made in the top…

Rule 05:02:22:03 Repealed. 5:02:22:03. Denied applications as contested cases. Repealed. Source: 39 SDR 123, effective January 16, 2013; 42 SDR 178, effective July 1, 2016.

05:02:23:01. Oath of post-election audit board. Before performing any duty pertaining to the post-election audit of an election, each post-election audit board member shall make the following oath or affirmation: I, (name), do solemnly swear (or affirm) that I will, to the best o…

05:02:23:02. Definitions. Terms used in this chapter mean: (1) “Counted ballot,” a voted ballot counted by the post-election auditing board in at least one contest; (2) "Seal," a security mechanism using strategically placed serialized or tamper-evident materials that alert offic…

05:02:23:03. Notice of appointment of post-election auditing board. The notice of appointment of a post-election auditing board must be in the following form: STATE OF SOUTH DAKOTA ) ) SS NOTICE OF APPOINTMENTCOUNTY OF _____________ ) TO ____________________ Auditing Board Member…

05:02:23:04. Signing of oaths. A member of the post-election auditing board shall sign the oath or affirmation of office prescribed in § 5:02:23:01 before performing any duties of a member of the board. Source: 50 SDR 66, effective December 5, 2023. General Authority: SDCL 12-1-9…

05:02:23:05. Staff for post-election auditing board. The county auditor shall provide administrative support and staff for the post-election auditing board. Source: 50 SDR 66, effective December 5, 2023. General Authority: SDCL 12-1-9(4)(11). Law Implemented: SDCL 12-17B-18, 12-1…

05:02:23:06. Post-election auditing board receipt for official ballots. The post-election auditing board's receipt for the official precinct ballots must be in the following form: STATE OF SOUTH DAKOTA ____________ COUNTY ____________ PRECINCT We, the Post-Election Auditing Board…

05:02:23:07. Public vote count. At the post-election audit, the post-election auditing board shall publicly manually count the votes and only adjourn after the count is completed and the certificate of post-election audit signed. The post-election auditing board may only exclude …

05:02:23:08. Opening receptacle or container. The sealed receptacle or container must be unsealed and the ballots taken out, and sorted by precinct. Source: 50 SDR 66, effective December 5, 2023. General Authority: SDCL 12-1-9(4)(11). Law Implemented: SDCL 12-17B-18, 12-17B-20, 1…

05:02:23:09. Auditing procedures. The following procedure must be used in auditing a precinct by manually counting the ballots: (1) The post-election auditing board shall review ballots for proper marking procedure according to the voting instructions below. The post-election aud…

05:02:23:10. Tally of ballots. As the vote is announced by a post-election auditing board member, another board member must make the appropriate mark on the post-election audit tally sheet prescribed in § 5:02:23:11. Yet another board member shall make the appropriate mark on a d…

05:02:23:11. Post-election audit tally sheets. As shown below, a post-election audit tally sheet must contain a series of horizontal and vertical grid lines to form boxes of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the ot…

05:02:23:12. Certificate of post-election audit.The certificate of post-election audit must be in the following form: STATE OF SOUTH DAKOTA ) ) SS CERTIFICATE OF POST-ELECTION AUDIT COUNTY OF _____________ ) WE, THE UNDERSIGNED members of the post-election auditing board, do here…

05:02:23:13. Reserved.

05:02:23:14. Reserved.

05:02:23:15. Reimbursement of post-election audit costs. The county auditor shall submit expenses from the post-election audit to the secretary of state for reimbursement. The auditor shall use the forms designated by the secretary of state for this purpose. Reimbursable expenses…

05:02:24:01. Combined application form and affidavit. The Secretary of State's Office shall produce a combined application form and affidavit to challenge the right to vote of any registered voter and distribute the form to the county auditors. The combined application form and a…

05:02:24:02. Documentation required for challenge. If an individual files a combined application form and affidavit, the individual must provide the county auditor with an original or a photocopy of at least one of the following documents to demonstrate the insufficiency of the c…