Title 12 — ELECTIONS
34 chapters · 794 sections in this title.
SDCL § 12-22-1 "Contest" defined
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"Contest," as used in §§ 12-22-1 to 12-22-28 , inclusive, shall mean a legal proceeding, other than a recount, instituted to challenge the determination of any election under the provisions of this title, or any municipal, school, or township election. Source: SDC 1939, § 16.1901…
SDCL § 12-22-10 Court orders to expedite proceedings
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Whenever it shall appear that substantial rights may be lost or impaired by delay, the court may, at any time after the contest is commenced, upon application of any party, and upon reasonable notice to the other party or parties, make such order or orders as the court deems nece…
SDCL § 12-22-11 Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants
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When two or more persons are entitled to commence any such contest, any one of them may institute it, or two or more may join. The person or persons instituting any such contest involving an election or nomination to any office or position shall be denominated plaintiff or plaint…
SDCL § 12-22-12 Intervention by other candidates--Assertion of right to nomination or office
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Any other person who was a candidate for such office or nomination may be permitted at any time to intervene, but shall not be permitted to assert any right to such nomination or office unless such intervention is within the time in which he might have started a contest. Source: …
SDCL § 12-22-13 Designation of defendants in contest of presidential election
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In case of commencement of a contest involving presidential electors, prior to the official canvass, the plaintiff or plaintiffs must in good faith designate as defendants all candidates for such electors as shall have received a sufficient number of votes so there is a reasonabl…
SDCL § 12-22-14 Title of proceeding on submitted question
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In the case of a contest as to a submitted or referred question, the proceeding shall be entitled: "In the matter of election contest as to ____ (naming the question involved)." Source: SDC 1939, § 16.1910.
SDCL § 12-22-15 Service of summons and complaint in contest on submitted question--Intervention
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In a contest as to a submitted or referred question voted upon in more than one county, the summons and complaint must be served on the attorney general. In other cases involving a submitted or referred question, the court shall, upon filing the complaint, direct by order the ser…
SDCL § 12-22-16 Answer to present all defenses--Admission of matters not denied--Affirmative defense
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No pleading to the complaint, other than an answer, shall be permitted, and all defenses of fact or law must be presented in such answer. Any matters alleged in the complaint and not denied shall be deemed admitted, but the court may, in its discretion, require that such admitted…
SDCL § 12-22-17 Hearing on contest--Default judgment prohibited
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After answer has been interposed or after time for answer has expired, and when no answer is interposed, the court on application of any party, and on five days' notice to all other parties, unless the court for cause shall shorten such time, shall conduct a hearing on which a da…
SDCL § 12-22-18 Court to proceed expeditiously--Designation of judge and relief from other duties
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The court shall proceed as expeditiously as reasonably possible, and the Chief Justice of the Supreme Court may, upon the application of the judge of any circuit court, before which such a contest is pending, or upon the application of any party, make an order designating any jud…
SDCL § 12-22-19 Official returns or recount conclusive as to accuracy of count--Other issues determined in contest
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In such proceeding the accuracy of the count of the ballots as established by the official returns or as corrected by a recount, if a recount has been had under chapter 12-21 , or as ultimately determined upon certiorari proceedings if such certiorari proceedings have been had, s…
SDCL § 12-22-2 Candidate's right to institute contest--Legislative contests excepted
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A contest may be instituted by any candidate for a public office, other than a candidate for the Legislature. A legislative contest shall be instituted as provided in §
SDCL § 12-22-20 Certiorari to review recount as alternative remedy--Consolidation of proceedings
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Whenever any person entitled to commence certiorari proceedings to review any recount under chapter 12-21 also desires to institute a contest under §§ 12-22-1 to 12-22-28 , inclusive, he may resort to both remedies, and such remedies shall be deemed consistent and concurrent. The…
SDCL § 12-22-21 Judgment withheld while recount or certiorari pending--Judgment declaring election result
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When any recount is pending under chapter 12-21 , or when there are pending certiorari proceedings to review such recount, judgment shall not be entered until the result of such recount is finally determined. The judgment finally entered shall declare the result of the election. …
SDCL § 12-22-22 Supreme Court order directing consolidation of contests involving same office or question--Duty of judges and attorneys to notify Supreme Court
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Whenever it shall come to the attention of the Supreme Court that two or more contests are pending involving nomination or election to the same office or position, or the same submitted or referred question, the court may, on its own motion, or on the motion of any interested per…
SDCL § 12-22-23 Conflicting circuit court decisions on same submitted question--Appeal determinative--Direction to attorney general to prosecute appeal
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In any instances where two or more such contests involve the same submitted or referred question, and where judgments are rendered by different circuit courts with conflicting results, and an appeal is taken in any such case, the appeal shall be determinative of any other such ca…
SDCL § 12-22-24 Procedure as in other civil proceedings
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Except as otherwise specifically provided, and so far as applicable, the procedure shall be the same as in other civil proceedings. Source: SDC 1939, § 16.1909.
SDCL § 12-22-25 Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount
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An appeal may be taken from the judgment of the circuit court the same as in other civil proceedings, but within the time, and subject to the same conditions, as specified in subdivisions 12-21-61(1), (2), (3), and (4), relating to appeals in certiorari proceedings to review reco…
SDCL § 12-22-26 Notice of intention to institute legislative contest--Time for service--Answer
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Any person who intends to contest the election of any person to either branch of the Legislature may within ten days after the official canvass of the votes, or within five days after final determination of a recount, if a recount has been had, give written notice to such other p…
SDCL § 12-22-27 Depositions in legislative contest--Filing with secretary of state
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At any time after the service of the notice of such contest, the person serving the same may proceed to take depositions as hereinafter provided, and the person to whom a notice is given may proceed to take such depositions as soon as he serves his answer. Such depositions shall …
SDCL § 12-22-28 Public funds not used for legislative contest
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No payment shall be made or authorized by the Legislature out of its contingent fund or from public funds to either party to a contested election, for expenses incurred in prosecuting or defending any contest. Source: PolC 1877, ch 47, § 22; CL 1887, § 1523; RPolC 1903, § 2022; R…
SDCL § 12-22-29 Candidate's right to contest primary election--Filing of complaint--Circuit court jurisdiction
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Any candidate for nomination to any elective office, or for election to any party position, whose name appears on the official primary election ballot of any political party may contest the primary election as to the office or position for which he was a candidate for nomination …
SDCL § 12-22-3 Right to institute contest on submitted question--Judge's permission required
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Such contest may be instituted by any registered voter who was entitled to vote on a referred or submitted question, but in such case such contest may be instituted only with the permission of a judge of the court in which such contest is instituted, endorsed upon the complaint b…
SDCL § 12-22-30 Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant
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When a complaint has been filed it shall forthwith be presented to the judge of the circuit court in which it is filed, who shall note thereon the day of presentation and also the day and place where he will hear the same, which shall be not later than ten days thereafter. The ca…
SDCL § 12-22-31 Service of order fixing hearing date on primary contest--Answer
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When the court has fixed the day for hearing the complaint, an order fixing such hearing shall be personally served upon the defendant, in the same manner as is provided for the service of a summons in a civil action. The defendant must answer on or before the day of hearing. Sou…
SDCL § 12-22-32 Hearing of primary contest in or out of term--Preference in order of hearing
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The cause may be heard and determined by the court in term time, or by the judge thereof in vacation, and shall have preference in order of hearing to all other cases. Source: SL 1937, ch 123 ; SDC 1939, § 16.0239.
SDCL § 12-22-33 Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and decisions
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If, in the opinion of the court, the grounds alleged for the contest are insufficient, the complaint shall be dismissed. If the grounds are sufficient, the court shall proceed in a summary manner and may hear evidence, examine the returns, recount the ballots, and enter such orde…
SDCL § 12-22-34 Elections to which primary contest law applies
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The judgment of the court shall be final, and the provisions of §§ 12-22-29 to 12-22-35 , inclusive, shall, so far as applicable, apply to contests of nominations and elections by primary election. Source: SL 1937, ch 123 ; SDC 1939, § 16.0239.
SDCL § 12-22-35 Supreme Court jurisdiction of primary contests for state office
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Where the nominating petitions have been filed with the secretary of state, a contest affecting such candidates shall be brought in and determined by the Supreme Court in the same manner. Source: SL 1937, ch 123 ; SDC 1939, § 16.0239.
SDCL § 12-22-4 Electoral candidates' and party chairman's right to institute contest of presidential election
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Such contest may be instituted, in the case of a presidential elector, by any one or more of a group of candidates for election as such electors, or by the chairman of the State Central Committee of any political party, which had on the ballot candidates duly nominated for such p…
SDCL § 12-22-5 Time of commencement of contest--Commencement after recount
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Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a re…
SDCL § 12-22-6 Time of commencement of contest of presidential election
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Any such contest as to the election of presidential electors shall not be instituted at any time after the expiration of the time limit prescribed by §
SDCL § 12-22-7 Original jurisdiction of contests
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Original jurisdiction over such contests shall be as follows: (1) As to contests involving state offices, or judicial officers in the Supreme Court; (2) As to all other contests, in the circuit court of a county which includes the locality where the election or some part thereof …
SDCL § 12-22-8 Summons and complaint to commence contest
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Such contest shall be deemed commenced upon the filing with the clerk of the court of a summons and complaint, which complaint shall be duly verified, and set forth a concise statement of the facts on which the contest is based. The summons shall be in the same form as the summon…
SDCL § 12-22-9 Service of summons and complaint--Time of serving
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Forthwith upon the filing of the summons and complaint, the same shall be served on the defendant or defendants, or on such other persons as may be required by §§ 12-22-11 to 12-22-15 , inclusive. If such filing is within the time prescribed by §§ 12-22-5 and 12-22-6 , such servi…