South Dakota Secretary of State

SD Secretary of State ► Elections & Voter Registration ► Election Process ► Recounts

	Recounts occur when the official canvassed results of a race are close and the necessary person(s) request a recount. Following is a listing of the various recounts that can occur and how they are requested, the deadlines for requesting a recount, the form to use, the official who receives the recount request and the code cited for the recount.
A ballot recount is just that; a second counting of the ballots. It does not address possible legal deficiencies in the conduct of an election. These would be dealt with in an election contest. Recounts are governed by SDCL 12-21 and ARSD 5:02:19. There are seven types of recounts. They are as follows:
Precinct Recount
Purpose:	Used to recount the results from a specific precinct for a specific candidate or question in a primary or general election.
Deadline:	Within ten days after the election. Any three registered voters in the precinct.
Form:	ARSD 5:02:19:06
File With:	County auditor
Other:	Petitions for recounts of other precincts within the same county may be filed within three days after the first such petition in a county even if that deadline falls after the ten day deadline.
Code Cite:	SDCL 12-21-8
Candidate Recount in Close Local Election
Purpose:	Used to recount the results for a specific candidate's race which was voted on in one county or part of a county.
Deadline:	Within three days after official canvass for that office.
Who Petitions:	The losing candidate.
Required Loss:	Not exceeding two percent of total votes cast.*(See Note)
Petition:	ARSD 5:02:19:05
File With:	County Auditor
Code Cite:	SDCL 12-21-10
Candidate Recount in Close Joint Legislative District
Purpose:	Used to recount the results for a specific legislative candidate's race which was voted on in more than one county.
Deadline:	Within three days after official state canvass for that office.
Who Petitions:	The losing candidate.
Required Loss:	Not exceeding two percent of total votes cast.*(See Note)
Petition:	ARSD 5:02:19:05
File With:	County Auditor of each county which the district encompasses.
Code Cite:	SDCL 12-21-11
Candidate Recount in Close State or District Election
Purpose:	Used to recount the results for a specific candidate's race (other than legislature) which was voted on in more than one county.
Deadline:	Within three days after official state canvass for that office.
Who Petitions:	The losing candidate.
Required Loss:	Not exceeding one-fourth of one percent of total votes cast.*(See Note)
Petition:	ARSD 5:02:19:05
File With:	Secretary of State.
Code Cite:	SDCL 12-21-12
Recount on Question Submitted to Entire State
Purpose:	Used to recount the results for a specific statewide ballot question.
Deadline:	Within ten days after official state canvass for that office.
Who Petitions:	One thousand registered voters from at least five counties
Required Loss:	Not exceeding one-fourth of one percent of total votes cast.
Petition:	ARSD 5:02:19:07
File With:	Secretary of State.
Code Cite:	SDCL 12-21-14
School Board Candidate Recount
Purpose:	Used to recount the results for a specific school board candidate's race.
Deadline:	Within five days after official canvass for that office.
Who Petitions:	A tied or losing candidate.
Required Loss:	Tied or defeated by a margin not exceeding two percent.
Petition:	ARSD 5:02:19:05
File With:	School Business Manager
Code Cite:	SDCL 13-7-19.1 and SDCL 13-7-19.2
Municipal Candidate Recount
Purpose:	Used to recount the results for a specific municipal candidate's race.
Deadline:	Within five days after official canvass for that office.
Who Petitions:	A tied or losing candidate.
Required Loss:	Tied, defeated by five votes or less or defeated by a margin not exceeding two percent.
Petition:	ARSD 5:02:19:05
File With:	Municipal Finance Officer
Code Cite:	SDCL 9-13-27.2 and SDCL 9-13-27.3
Municipal Ballot Question Recount
Purpose:	Used to recount the results for a municipal ballot question.
Deadline:	Within five days after official canvass for that question.
Who Petitions:	Any three registered voters of the municipality.
Required Loss::	Defeated by a margin not exceeding two percent.
Petition:	None specified.
File With:	Municipal Finance Officer
Code Cite:	SDCL 9-13-27.4.
School Ballot Question Recount
Purpose:	Used to recount the results for a school district ballot question.
Deadline:	Within five days after official canvass for that question.
Who Petitions:	Any three registered voters of the school district.
Required Loss:	Defeated by a margin not exceeding two percent.
Petition:	None specified.
File With:	School Business Manager
Code Cite:	SDCL 13-7-19.3


*Note:	When a voter may vote for two or more candidates for the same office, the "total vote cast for all candidates" shall be two times the average number of votes cast for the candidates officially declared nominated or elected. This provision does not apply to City or School District recounts. See SDCL 12-21-6.

Recount Board
	Upon presentation of a recount petition or notice from the Secretary of State that a recount must be held, the county auditor shall notify in writing under the seal of his office the presiding judge of the circuit court that a recount must be conducted. The presiding judge shall appoint and give notice to a recount board consisting of a referee and two voters of the county providing for representation of the different political parties. The referee must be a member
of the bar of the state of South Dakota and a member of the political party which polled the largest number of votes for Governor in the county in the last gubernatorial election. The auditor shall also notify the Secretary of State whenever a recount petition is filed for a race canvassed by the State Board of Canvassers. In the case of a municipal or school recount, the recount board is appointed by the person in charge of the election. The board consists of one person chosen by each candidate declared elected and each candidate who is eligible to request a recount. If the board consists of an even number of persons, one additional recount board member shall be appointed who is mutually agreeable to each candidate involved in the recount. The person in charge of the election sets the time and place for the recount.

The Recount
A county recount board shall convene in the office of the county auditor on the second Monday following the filing of the recount petition at 9:00 am. The recount shall proceed as provided in SDCL 12-21-21 through 12-21-36 and 12-17B-16. ARSD 5:02:19:01 through 5:02:19:04 also give guidance to the recount process. These rules cross reference several rules in ARSD 5:02:16. In counties using automated tabulating equipment, ARSD 5:02:09:05 also applies.
ARSD 5:02:19:09 provides a record of the disputed ballots that the recount board finds. ARSD 5:02:19:08 provides the form for the official certificate of the recount board which lists both the results from the official canvass and the results from the subsequent recount. Both of these forms should be provided to the recount board by the county auditor. For municipal or school recounts, the person in charge of the election sets the time and place for the recount. The forms provided in ARSD 5:02:19:08 and 5:02:19:09 are also used for these recounts.
Election Contest
SDCL 12-22 provides for an election contest which is "a legal proceeding, other than a recount, instituted to challenge the determination of any election..." Should a candidate wish to file an election contest, the candidate should contact a private attorney for assistance with this legal proceeding.

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