South Dakota Statutes

§ 12-21-43 — Tie vote after recount determined by lot--Issuance of certificate.

South Dakota § 12-21-43
JurisdictionSouth Dakota
Title 12ELECTIONS
Ch. 12-19ARECOUNTS

This text of South Dakota § 12-21-43 (Tie vote after recount determined by lot--Issuance of certificate.) 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 § 12-21-43 (2026).

Text

When a tie vote between candidates is found to exist on the basis of any such recount, and by reason of such tie vote it cannot be determined who has been nominated or elected, it shall be the duty of the authority charged by law with the responsibility of issuing the certificate of election or nomination to fix a time and place for the drawing of lots by such candidates involved in such tie vote, giving reasonable notice of such time and place to each of such candidates. Each such candidate may appear at the time and place designated either in person or by a representative, whereupon in the presence of such authority charged with the responsibility of issuing the certificate of nomination or election, the candidate or candidates entitled to the certificate or certificates of nomination or

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Related

Duffy v. Mortenson
497 N.W.2d 437 (South Dakota Supreme Court, 1993)
16 case citations
McIntyre v. Wick
1996 SD 147 (South Dakota Supreme Court, 1996)
16 case citations
Stellner v. Woods
355 N.W.2d 1 (South Dakota Supreme Court, 1984)
7 case citations
Thorsness v. Daschle
279 N.W.2d 166 (South Dakota Supreme Court, 1979)
5 case citations

Legislative History

SL 1890, ch 84, §§ 17, 26; SL 1893, ch 81, § 6; RPolC 1903, §§ 1942, 1943, 1970; RC 1919, § 7317; SL 1937, ch 119, § 1; SDC 1939, § 16.1817.

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Bluebook (online)
South Dakota § 12-21-43, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/12-21-43.