Title 12 — ELECTIONS

Such writ shall forthwith be served personally, or by registered or certified mail, on each county auditor as to any county where the county recount board or such auditor is claimed to have exceeded jurisdiction, and in the same manner upon the secretary of state in case the secr…

In any such proceeding involving a submitted or referred question, the court may upon good cause shown, either ex parte or otherwise, permit any officer or person desiring to be heard to intervene, either as a party plaintiff or party defendant. Source: SDC 1939, § 16.1822.

On or before the return day of the writ, the defendant must serve and file his answer to the petition, and if there are several defendants, they may answer jointly or severally, at their option. In the case of a proceeding involving a vote on a referred or submitted question, any…

All defenses, either of fact or of law, must be set forth in the answer and no other pleading in response to the petition shall be permitted. Such answer may also allege matters showing error by any county recount board or boards, or other official, tribunal, or authority not cov…

When any certification is insufficient to show adequately the proceedings had, the court may by order require further certification of records and proceedings. Source: SDC 1939, § 16.1825.

Upon the returns made as required by the writ, the court shall hear the parties, and if further hearing is deemed necessary to determine the case, the court may make such order as deemed advisable fixing such further procedure as may be conducive to expeditious and just determina…

In such proceedings the court may review completely all of the proceedings had relative to such recount as shown by such certifications, and correct any errors made in the determination of questions as to validity of ballots, and in computation of returns, and any errors which ma…

Except as otherwise specifically provided and so far as applicable the practice and procedure shall be the same as in other cases of review on certiorari. Source: SDC 1939, § 16.1827.

The judgment rendered by the court shall be such as the court deems required by the law as applied to the facts disclosed by the record presented, and shall pronounce what the court deems the correct result of the election involved as shown by the record. Source: SDC 1939, § 16.1…

Except in school and municipal elections and as provided in § 12-21-18 , the provisions of this chapter apply to the recount of ballots cast in any election conducted. The provisions of §§ 12-21-47 to 12-21-61 , inclusive, apply to all elections. Source: SDC 1939, § 16.1801; SL 1…

The State Board of Elections may by rule, in accordance with chapter 1-26 , adopt a code of regulations to govern the conduct of recounts. Source: SL 1976, ch 105 , § 82.

As to any such judgment of a circuit court any party to the proceeding aggrieved thereby may appeal to the Supreme Court in the manner provided by §

Such appeals shall be taken and perfected in the same manner as appeals from other judgments, except: (1) Such appeal must be taken within twenty days of the entry of such judgment; (2) Forthwith upon such appeal the entire record shall be certified by the clerk of the circuit co…

Such recount shall be made under any of the conditions described in §§ 12-21-8 to 12-21-15 , inclusive. Source: SDC 1939, § 16.1803.

When within ten days after an election any three registered voters of a precinct file with the officer in charge of the election a petition, duly verified by them, setting forth that they believe that the official returns from such precinct as to a specified candidate or as to a …

When as to any candidate or any submitted or referred question a petition or petitions are filed under § 12-21-8 as to any particular precinct or precincts within a county, similar petitions as to the same question or candidate may be filed within three days thereafter as to anot…