Title 12 — ELECTIONS

A separate tally sheet shall be provided for computing the votes for candidates of each political party, for independent candidates, and for judicial offices, and for all constitutional amendments, referred laws and initiated measures submitted to the voters at such elections as …

12-16-34 Rules and columns on tally sheets. 12-16-35 Listing of candidates and submitted questions on tally sheets. 12-16-36 Space for tally marks and vote totals on tally sheets. 12-16-37 Space for tallying votes on submitted questions. 12-16-38 Tallying and marking of votes--En…

The tally sheets in the area for tallying votes cast shall be ruled by horizontal and perpendicular lines so as to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the same at an oblique angle, every fifth perpend…

The names of candidates and all questions submitted to the voters shall be listed in the perpendicular column at the left of the tally sheet as required by §

There shall be at the right of each name or question in one or two horizontal lines a sufficient number of squares for the tally marks as provided in § 12-16-34 , on the tally sheets for each precinct, to contain the tally marks for one - third more votes than were cast in the pr…

There shall be sufficient spaces at the right of the squares on each tally sheet used for questions submitted to the voters to tally in full the total number of votes tallied for each question voted upon. Source: SL 1893, ch 82 , § 1; RPolC 1903, § 1896; RC 1919, § 7245; SDC 1939…

After the tallying and marking in the tally sheet of the votes for each candidate, the number of votes so tallied for each candidate shall be counted, and the numerical result shall be placed in the column opposite the candidate's name. Source: SDC 1939, § 16.1109 as added by SL …

The tally sheets for candidates for public office and submitted questions shall be prescribed by the State Board of Elections. Source: SL 1893, ch 82 , § 3; RPolC 1903, § 1898; RC 1919, § 7246; SDC 1939, § 16.1109; SL 1961, ch 101 , § 1; SL 1976, ch 105 , § 48. 12-16-40. Repealed…

12-16-5 Order of offices placed on ballot. 12-16-6 Presidential and vice-presidential candidates listed--Single square to vote for electors. 12-16-7 Number stated where more than one to be chosen--More than one independent candidate. 12-16-8 Order of listing candidates for same o…

12-16-41 Tally lists govern over certificate.

In any case in which the certificate of the members of the precinct election board as to the number of votes cast for any candidate or in favor of or against any question submitted to the voters may not agree with the votes as shown by the tally list, the canvassing board to whic…

The names of the candidates shall be placed upon the ballot in the following order: presidential electors, if any, United States Senator, if any, Representatives in Congress, state officials, legislative, and county candidates. Source: SL 1925, ch 160 ; SL 1929, ch 116 , § 1; SDC…

The group of presidential electors in each column shall be preceded by the surnames of the respective candidates for President and vice president for whom they are pledged; as for instance, " G Coolidge and Dawes electors," " G Davis and Bryan electors," etc., which shall be prin…

If more than one candidate is to be nominated or elected to the same office the ballot shall so state, as for instance, "For state senator, any two to be elected." In the independent column if there is more than one candidate for a single office the ballot shall so state, as for …

On paper ballots, the first party name drawn shall be placed in the left-hand column, the second party name drawn shall be placed in the next column, and each succeeding party name drawn shall be placed on the ballot in the order drawn. On direct recording electronic screens, on …

The form of the official general election ballot shall be prescribed by the State Board of Elections in accordance with other provisions of the law. Source: SL 1925, ch 160 ; SL 1929, ch 116 , § 2; SDC 1939, § 16.1105 (5); SL 1964, ch 60 , § 2; SL 1974, ch 118 , § 74; SL 1976, ch…

If an errorless count by an automatic tabulating machine is achieved by the test, the person in charge of the election shall certify the machine. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the certification of properly functioning …

Terms used in this chapter mean: (1) "Automatic tabulating equipment," the apparatus necessary to automatically examine and count votes as designated on ballots or entered directly into a computer by means of a touch screen or other data entry device and data processing machines …

All proceedings at the counting location shall be under the direction of the person in charge of the election and shall conform to the requirements of the voting system. The proceedings shall be open to the public. No person, who is not employed or authorized for the purpose, may…

Except for any specially trained technicians representing the equipment vendor and required for the operation of the automatic tabulating equipment, there shall be equal representation from each political party having a candidate on the ballot and whose candidate on the county-wi…

The test required by § 12-17B-5 shall be repeated immediately before the start of the official count of the ballots. Source: SL 1994, ch 110 , § 16.

The process of tabulating the votes using the automatic tabulating equipment must be under the direction of the person in charge of the election, and must conform to the specifications and requirements of the automatic tabulating equipment. The results printed by the automatic ta…

If automatic tabulating equipment is located at a polling place for processing ballots while the polls are open, the equipment may not be operated in a manner which returns an over-voted or partially under-voted ballot to the voter. The equipment shall be operated in a manner whi…

Notwithstanding the provisions of § 12-17B-13 , the governing body of the jurisdiction conducting the election may not release any cast vote record or collection of ballot images if the cast vote record or any ballot image: (1) Indicates the date, time, or order in which a ballot…

The resolution board shall determine the disposition of those ballots which cannot be properly counted by the tabulating equipment. A true duplicate copy shall be made of any ballot in question and substituted for the rejected ballot. All duplicate ballots shall be clearly labele…

After the tabulating procedure is completed, the ballots shall be placed in boxes and resealed. Any program board which may be used in the automatic tabulating equipment shall be removed and stored similarly to the ballots. Source: SL 1994, ch 110 , § 19.

Automatic tabulating equipment must be tested prior to a recount or election contest as provided in §§ 12-17B-5 to 12-17B-5 .2, inclusive, and then the official ballots must be recounted. The recount board shall certify the new returns printed by the automatic tabulating equipmen…

The State Board of Elections may promulgate rules pursuant to chapter 1-26 concerning: (1) The criteria and procedure for approving voting systems pursuant to this chapter; (2) Notices and forms; (3) Test procedures; and (4) The arrangement and conduct of voting, absentee voting,…

Within fifteen days following the completion of the state canvassing of a primary or general election, the auditor of each county shall conduct a post-election audit of the ballots cast in the election following the procedures listed in this section and §§ 12-17B-19 to 12-17B-25 …

The office of the secretary of state shall reimburse each county for the cost of any post-election audit required by §§ 12-17B-18 to 12-17B-25 , inclusive. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , administering the reimbursement process and …

Any automatic tabulating or electronic ballot marking system used in an election shall enable the voter to cast a vote for all offices and on all measures on which the voter is entitled to vote. No automatic tabulating, electronic ballot marking, or election voting equipment syst…

Feb. 5, 2018. 12-17B-3 Authority of governing body to adopt, experiment with or abandon system. 12-17B-4 Contract by political subdivision with county for use of system. 12-17B-5 Testing system before election--Notice--Publication--Certification of errorless machine--Promulgation…

The post-election audit must be conducted in five percent of the precincts in the county by manually counting all votes cast in two contests and comparing the results of the manual count to the results for those precincts at the county canvass. The county auditor shall select the…

A post-election audit conducted pursuant to §§ 12-17B-18 to 12-17B-25 , inclusive, must be open to the public. Members of the public shall keep a reasonable distance so as to not interfere with the audit process. The county auditor shall post notice of the time and place of the a…

The county auditor shall send the results of the post-election audit to the secretary of state and present the results of the audit to the county commission at its next meeting. The results of the audit shall be included in the minutes of the county commission meeting. The secret…

If the results of the post-election audit show a discrepancy in the results greater than the margin by which any contest for elected office on the ballot in the county was decided, the auditor shall notify the candidates for that office. Any candidate who receives a notification …

If a recount of any contest is conducted in a county, the county auditor is not required to conduct a post-election audit pursuant to §

The county auditor shall reseal and retain the ballots upon the completion of a post-election audit pursuant to §

Any governing body having supervision of elections within any political subdivision may adopt, experiment with, or abandon any automatic tabulating or electronic ballot marking system approved for use by the State Board of Elections. Any governing body may use the system in all o…

The governing body of a political subdivision may contract with any county for the use of an automatic tabulating or electronic ballot marking system for elections within the political subdivision. Source: SL 1994, ch 110 , § 8; SL 2005, ch 92 , § 5; SL 2018, ch 81 , § 5, eff. Fe…

Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. The test must be open to the publi…

The person in charge of the election shall test the automatic tabulating equipment by processing a predetermined number of ballots on which are recorded a predetermined number of valid votes for each candidate and measure. The test of the automatic tabulating equipment must also …

After the conclusion of the testing of the automatic tabulating equipment, no software or firmware updates may be made to the automatic tabulating equipment until after the certification of the election results. Each automatic tabulating device must be sealed with a unique number…

The person in charge of the election shall provide a sufficient number of voting equipment and supplies to accommodate the voters and avoid unreasonable waiting times for casting ballots. Source: SL 1994, ch 110 , § 10; SL 2005, ch 92 , § 6.

If a candidate for federal office appears on the ballot at a polling place, such polling place is required to have an electronic ballot marking system present. Source: SL 2006, ch 70 , § 1.

Before entering the voting booth, any voter may request instruction in the proper procedure for marking the ballot to ensure that the tabulating equipment is able to read the vote cast. No instructions may be given to the voter while in the voting booth. However, any voter using …

12-17B-9 Transporting sealed ballot box. 12-17B-10 Direction of proceedings at counting location--Open to public. 12-17B-11 Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required. 12-17B-12 Test of s…

Upon completion of the voting and after sealing the ballot box, two of the members of the precinct election board, of different major political parties, shall, by the most direct route, transport the box to the central counting location designated by the person in charge of the e…

The superintendent of the election precinct is responsible for having the polling place ready to accommodate the voters in the precinct by the time the polls open. The booths, electronic ballot marking system, and supplies which enable the voter to complete the voter's ballot sha…

Before the opening of the polls the members of the precinct election board shall count and verify against the receipt given the ballots delivered to the precinct for the purposes of the election. Source: SL 1974, ch 118 , § 104; SL 1999, ch 69 , § 22.