Title 12 — ELECTIONS
34 chapters · 794 sections in this title.
SDCL § 12-21-46 Court removal and replacement of recount board member not acting in good faith
0.5K chars
When satisfied on any such petition that the conduct of such board, or any member thereof, has been fraudulent, or deliberately and willfully in disregard of law, and not in good faith, the court may remove such member or members guilty of such conduct and appoint in the place of…
SDCL § 12-21-47 Persons entitled to certiorari for review of recount--Time of filing of petition
0.7K chars
Whenever any candidate is aggrieved by the final determination made as a result of any recount, he may have the proceedings of such recount board reviewed upon certiorari as provided by this chapter. Such review may also be obtained as to any submitted or referred question by any…
SDCL § 12-21-48 Original jurisdiction of certiorari proceedings
0.5K chars
Original jurisdiction of such certiorari proceeding shall be as follows: (1) Where the same involves a submitted or referred question voted upon in more than one county, or the nomination or election of presidential electors, United States senator, representative in Congress, mem…
SDCL § 12-21-49 Form and contents of petition for certiorari
1.0K chars
The petition for the writ, if involving a nomination or election as to any office or position, shall denominate the candidate seeking the review as plaintiff, and shall name the candidate or candidates declared elected as defendants. If the petition seeks a review as to a determi…
SDCL § 12-21-5 Repealed by SL 1982, ch 28 , § 46
1.0K chars
12-21-6 Application of chapter. 12-21-6.1 Code of regulations to govern recounts. 12-21-7 Conditions under which recount made. 12-21-8 Precinct recount on petition by voters of precinct. 12-21-9 Extended time for filing additional precinct recount petitions. 12-21-10 Complete rec…
SDCL § 12-21-50 Issuance of writ of certiorari--Officials to whom addressed--Contents
0.8K chars
If the court concludes that the facts set forth in the petition, if true, are sufficient to justify the issuance of the writ, the same shall be issued. It shall be addressed to each county recount board, and to each other authority which the plaintiff claims to have exceeded its …
SDCL § 12-21-51 Service of writ of certiorari--Persons on whom served
1.2K chars
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…
SDCL § 12-21-52 Intervention in certiorari involving submitted question
0.3K chars
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.
SDCL § 12-21-53 Answer to petition for certiorari--Joint or several answer
0.4K chars
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…
SDCL § 12-21-54 Defenses set forth in answer to certiorari--New allegations--Petition for additional writ
0.6K chars
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…
SDCL § 12-21-55 Insufficient certification--Further certification required
0.2K chars
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.
SDCL § 12-21-56 Hearing on certiorari--Conference to narrow issues
0.9K chars
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…
SDCL § 12-21-57 Scope of review on certiorari--Correction of errors
0.3K chars
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…
SDCL § 12-21-58 Procedure as in other cases of certiorari
0.2K chars
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.
SDCL § 12-21-59 Judgment on certiorari
0.3K chars
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…
SDCL § 12-21-6 Application of chapter
0.4K chars
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…
SDCL § 12-21-6.1 Code of regulations to govern recounts
0.2K chars
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.
SDCL § 12-21-60 Right of appeal to Supreme Court from judgment on certiorari
0.1K chars
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 §
SDCL § 12-21-61 Procedure on appeal to Supreme Court--Provisions to secure speedy determination
1.1K chars
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…
SDCL § 12-21-7 Conditions under which recount made
0.1K chars
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.
SDCL § 12-21-8 Precinct recount on petition by voters of precinct
0.5K chars
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 …
SDCL § 12-21-9 Extended time for filing additional precinct recount petitions
0.6K chars
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…
SDCL § 12-22-1 "Contest" defined
0.3K chars
"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
0.8K chars
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
0.5K chars
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
0.3K chars
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
0.3K chars
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
0.2K chars
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
0.7K chars
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
0.4K chars
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
0.5K chars
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
0.5K chars
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
0.7K chars
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
0.2K chars
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
0.4K chars
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
0.3K chars
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
1.0K chars
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
0.7K chars
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
0.2K chars
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
0.6K chars
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
0.6K chars
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
0.7K chars
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
0.3K chars
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
0.8K chars
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
0.4K chars
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
0.5K chars
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
0.3K chars
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
0.2K chars
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
0.4K chars
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
0.2K chars
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.