Title 12 — ELECTIONS

Source: SL 2003, ch 83 , § 5; SL 2006, ch 28 , § 3.

As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§ 12-20-2 and

The ballot of a federal voter, as defined in § 12-4-1.3 , must be counted with the resident voter ballots of the precinct where the federal voter is registered, or in an absentee precinct. Source: SL 2025, ch 58 , § 3, eff. Jan. 1, 2026.

There shall be furnished by the officer in charge of the election to each voting precinct, for each election, a blank list which shall have space after each candidate's name and after each measure, law, or amendment to be voted upon at such election, in which to enter the number …

When the vote count is complete, the members of the precinct election board shall enter upon the blank list the true number of votes cast in the precinct for each person, measure, law, or amendment which appears upon the official ballot, and shall enclose the completed list in th…

12-20-13 Tabulation and public release of unofficial returns--Entry into central election reporting system. 12-20-13.1 Means of counting provisional ballots--Appointment of officials. 12-20-13.2 Counting provisional ballots--Certification. 12-20-13.3 Counting provisional ballots-…

Except as provided in § 12-20-17 , the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public, but such returns are not the official returns. The county auditor shall enter the information into the cen…

The person in charge of the election shall decide if the provisional ballots are to be counted by hand or by automated tabulating equipment. If a decision is made to count the ballots by hand, a provisional ballot counting board shall be appointed as provided in §

The provisional ballot counting board or resolution board and tabulation machine operators shall convene one hour prior to the convening of the canvassing board. The provisional ballots, which the person in charge of the election has determined are not invalid according to § 12-2…

The person in charge of the election may establish an alternative time prior to the official canvass for provisional ballot counting provided that notice of the time and location is given to the county party chairperson of each political party for primary, secondary, and general …

Within ten days after the official county canvass each person voting by provisional ballot shall be sent by the person in charge of the election a notice advising whether the provisional ballot was counted. The notice shall be prescribed by the State Board of Elections. Source: S…

12-20-15 State messenger to secure delinquent returns--Expenses deducted from county auditor's salary. 12-20-16

If any county auditor fails to perform the duties required of him by § 12-20-38.1 , the secretary of state shall send a messenger to the county auditor to secure such returns. All expenses for such service shall be paid by the county of which such auditor is an officer upon the f…

12-20-17 Returns not disclosed until all polls in state closed. 12-20-18 Entry of candidates' votes in precinct pollbooks. 12-20-19

No public disclosure of the returns of state and federal elections in any primary or general election is permitted until each precinct polling place in the state is closed. This provision applies to each precinct polling place within the state. Source: SL 1959, ch 99 , § 20; SDC …

After the votes have been counted, the members of the precinct election board shall set down in the pollbook and duplicate tally sheet on forms therein prescribed by the State Board of Elections the name of each person voted for, the office for which the person received votes, an…

12-20-20 Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor. 12-20-21 Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony. 12-20-21.1 Circumstances requiring report of official retur…

The box shall 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 precinct election board unopened, except to ascertain if each ballot is single. If two or more ballots are …

If the ballot box is opened for ballot counting at the precinct, each provisional ballot envelope and each unopened absentee ballot shall be removed, placed, and sealed in the provisional or unopened absentee ballot return envelope and returned to the person in charge of the elec…

The counted ballots shall be sorted in the manner provided in 12-20-2 and wrapped, sealed, and deposited in the ballot box. The precinct superintendent and precinct deputies, after the counting of ballots and deposit of the ballots counted in the ballot box, shall properly seal, …

The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the preci…

Notwithstanding the provisions of § 12-20-21 , if the person in charge of the election determines that the roads are impassable between a polling place and the office of the person in charge of the election, the superintendent shall report unofficial election returns by telephone…

If a name is written on a ballot in an attempt to cast a write - in - vote, the write - in vote may not be counted. However, all other votes for which the voter's intent may be determined shall be counted. Source: SL 2002, ch 76 , § 5. 12-20-22 to 12-20-27. Repealed by SL 1974, c…

12-20-29 12-20-29 , 12-20-30. Repealed by SL 1974, ch 118 , § 200. 12-20-31 Destruction of ballots and pollbooks--Period for which held--Pending recount or contest. 12-20-32 Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as…

The members of the precinct election board or the counting board, if appointed, shall then immediately proceed to count publicly, in the presence of all persons desiring to attend the count, the votes received at the polls, and continue without leaving the site of the count until…

The officer in charge of an election may destroy voted ballots and pollbooks from a nonfederal election sixty days following the election at which such ballots were voted. However, they may not be destroyed if any recount or contest of such election is pending. The officer in cha…

The county auditor shall keep the ballot boxes and pollbooks in the same condition as when received, until the meeting of the county canvassing board, when he shall deliver the pollbooks to such board. A violation of this section is a Class 6 felony. Source: SL 1899, ch 83 , § 4;…

12-20-34

12-20-35 Returns not refused for irregularity--Certificate issued to candidate with most votes. 12-20-36 Time for canvass--Governing board as canvassing board--Representatives for absent board members--Notice--Publication. 12-20-37 Secretary of state to provide guidance and direc…

No election returns shall be refused by any officer for the reason that the same may be returned or delivered to him in any other than the manner directed in this chapter, nor shall he refuse to include any returns in his estimate of votes for any informality in holding an electi…

Within six calendar days after the close of any election, the officer in charge of the election, with the assistance of a majority of the governing board as the canvassing board, shall make the canvass of votes. Each member of the governing board may name and have on file with th…

The secretary of state shall provide for the guidance and direction of the county auditor in making the returns according to law. Source: SDC 1939, § 16.1722; SL 1974, ch 118 , § 167; SL 1981, ch 126 , § 2; SL 2003, ch 84 , § 2; SL 2012, ch 81 , § 4.

The Board of Canvassers for both primary and general elections shall at the time provided by § 12-20-36 proceed to open the returns from the various voting precincts in the county and make abstracts of the votes cast for each of the candidates and each of the issues. Each of the …

The county auditor shall immediately transmit by mail, fax, or electronic means to the secretary of state a certified copy of the official county canvass of votes prepared pursuant to § 12-20-38 which shall be used for the official state canvass. The certified copy shall bear a v…

Except when otherwise specially provided in all elections for the choice of any officer, the person receiving the highest number of votes for any office shall be deemed to have been elected to that office. Source: PolC 1877, ch 27, § 43; CL 1887, § 1482; RPolC 1903, § 1865; RC 19…

12-20-5 Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots. 12-20-5.1 Determination of validity of provisional ballots. 12-20-6 Unstamped ballots not counted. 12-20-7 Ballot not counted when voter's choice indeterminable--Promul…

It shall be the duty of the county auditor to make out a certificate of election to each of the persons having the highest number of votes for county and precinct officers, respectively, and to deliver such certificate to the person entitled to it. Source: SL 1890, ch 84 , § 2; R…

The Governor, or the Governor's designee, the chief justice of the Supreme Court, or the chief justice's designee, and the secretary of state, in the presence of the attorney general shall constitute a board of canvassers to canvass the returns of the votes for representatives in…

Within seven days after the day of election, the Board of State Canvassers shall open and examine the returns from each county. However, if the returns from each county have not been received, the board may adjourn, not exceeding ten days, for the purpose of obtaining the returns…

The Board of State Canvassers shall make an abstract stating the number of votes cast for each of such officers, the names of all persons voted for, for what office they respectively received the votes, and the number of votes each received, in words at length, and stating whom t…

Upon the completion of the state canvass of the results of the primary election for delegates and alternates to the national convention, the State Canvassing Board shall certify to the state chairman of each political party the slates (groups of delegates and alternates) entered …

A certificate of election, signed by the Governor, attested by the secretary of state, with the great seal of the state affixed, shall be issued to each person elected to a federal or state office, or a member of the State Legislature. The secretary of state shall forward to the …

The votes for the several candidates shall be counted in the order in which the candidates occur upon the ballots. At least two precinct deputies, of opposite political parties, shall scrutinize each ballot with the precinct superintendent acting to break any tie vote of the two …

Prior to the official canvass, the person in charge of the election shall determine if the person voting by provisional ballot was legally qualified to vote in the precinct in which the provisional ballot was cast. In making this determination, the person in charge of the electio…

12-20-51 Disputes decided by majority of state canvassers--Irregularities disregarded. 12-20-52 Rules and regulations for counting and canvass of vote.

A majority of the members of the State Canvassing Board shall decide all matters of dispute, and it shall be their duty to disregard all technicalities and misspelling, the use of initial letters or abbreviations of the names of candidates, if it can be ascertained from the retur…

The State Board of Elections may, by rule, in accordance with chapter 1-26 , promulgate rules and regulations to clarify the procedure by which ballots are counted and canvassed in all elections. Source: SL 1976, ch 105 , § 81.

In the counting of the votes any ballot which is not endorsed as provided in § 12-18-12 by the official stamp shall be void and may not be counted. Source: SL 1897, ch 60 , § 35; RPolC 1903, § 1929; RC 1919, § 7278; SDC 1939, § 16.1703; SL 1993, ch 118 , § 22.

Any ballot or part of a ballot from which it is impossible to determine the voter's choice by using standards defined by the State Board of Elections shall be void and may not be counted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , defining sta…

The precinct superintendent and precinct deputies, in counting the votes, shall endeavor to record the intention of the voter. The precinct superintendent and precinct deputies shall then hold the intention of the voter to be to vote for the candidate or candidates before whose n…