South Dakota § 12-21-20 Notice to circuit judge of recount petition--Appointment and convening of recount board.

South Dakota Statutes

§ 12-21-20 — Notice to circuit judge of recount petition--Appointment and convening of recount board.

South Dakota § 12-21-20

Title 12ELECTIONS

Ch. 12-19ARECOUNTS

This text of South Dakota § 12-21-20 (Notice to circuit judge of recount petition--Appointment and convening of recount board.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 12-21-20 (2026).

Text

The county auditor, immediately on the due filing of any petition for a recount or upon receipt from the secretary of state of notice of the filing with the secretary of state, shall notify in writing, with the seal of the auditor's office, the presiding judge of the circuit court for the auditor's county. The presiding judge shall appoint a board, pursuant to § 12-21-2 , for each county in the circuit in which a recount is to be conducted. The presiding judge may appoint the board anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. Except as provided in § 12-21-11 , the board shall convene in the office of the county auditor on:

(1)The second Monday following the filing of the petition at nine a.m.;

(2)The second Tuesda

Free access — add to your briefcase to read the full text and ask questions with AI

The county auditor, immediately on the due filing of any petition for a recount or upon receipt from the secretary of state of notice of the filing with the secretary of state, shall notify in writing, with the seal of the auditor's office, the presiding judge of the circuit court for the auditor's county. The presiding judge shall appoint a board, pursuant to § 12-21-2 , for each county in the circuit in which a recount is to be conducted. The presiding judge may appoint the board anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. Except as provided in § 12-21-11 , the board shall convene in the office of the county auditor on: (1) The second Monday following the filing of the petition at nine a.m.; (2) The second Tuesday following the filing of the petition at nine a.m., if the second Monday is a legal holiday; or (3) A date selected by the presiding judge when necessary to avoid undue conflict with the electoral process and ensure the timely facilitation of a recount. The date selected by the presiding judge must provide the opportunity for recount witnesses as required by § 12-21-26 . The county auditor shall provide the recount board with laws, rules, and forms to use in conducting the recount. The board shall then proceed with the recount.

Legislative History

SDC 1939, § 16.1809; SL 1967, ch 75; SL 1968, ch 143, § 8; SL 1974, ch 118, § 177; SL 1983, ch 118; SL 1989, ch 133; SL 2000, ch 73, § 3; SL 2002, ch 77, § 2; SL 2023, ch 53, § 1.