Recount laws in South Dakota

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in South Dakota. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in South Dakota.[1]

  • Does state law require automatic recounts?
    • Yes, when a tie vote occurs. This does not apply to school or township elections.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes. Deadlines to request a recount and the requirements for those requests vary by office and election type described below.
  • Who pays for a requested recount?
    • State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[2]
  • Is a refund available for requested recount costs?
    • Not applicable. The state covers the cost of requested recounts.[3]
  • Can a partial recount be requested?
    • Voters can request precinct-specific recounts.

South Dakota recount procedures

Automatic recount procedures

South Dakota requires an automatic recount in the event of a tie vote for any office except for school and township elections.[4] There is no set deadline for the completion of an automatic recount.

Requested recount procedures

There is no specified deadline for the completion of requested recounts. State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[5]

South Dakota allows candidates and voters to request recounts. The requirements in order to request a recount vary by requester and office type.

Candidate-requested recounts:

  • Statewide and multi-county district elections:
“ If any candidate for an office, position, or nomination other than the Legislature is voted upon in more than one county, and has been defeated according to the official returns by a margin which does not exceed one-fourth of one percent of the total vote cast for all candidates for such office, position, or nomination, the candidate may within three days after completion of the official canvass by the State Board of Canvassers file a petition with the secretary of state ...[6] ”
—South Dakota Codified Laws, 12-21-12
  • Presidential elections:
“ Whenever according to the official returns as publicly announced and compiled, although not yet officially canvassed, it fairly appears that one group of candidates for presidential electors has been elected over another group of such candidates by a margin not exceeding one-fourth of one percent of the total of votes cast for both such groups, the chairman of the state central committee of the political party which nominated either of such groups, or any two or more candidates of either such group, may file with the secretary of state at any time after the election and prior to the canvass by the State Board of Canvassers, a petition ...[6] ”
—South Dakota Codified Laws, 12-21-15
  • Multi-county state legislative elections:
“ If any legislative district comprises more than one county, any candidate for election to or nomination for the Legislature who, according to the official returns, has been defeated by a margin not exceeding two percent of the total vote cast for all candidates for such office may, within three days after completion of the official canvass of the returns, file a petition ...[6] ”
—South Dakota Codified Laws, 12-21-11
  • Single-county state legislative and county elections:
“ A candidate for any office, position, or nomination which is voted upon only by the voters of one county or part thereof may ask for a recount of the official returns if such candidate is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official county canvass. Any candidate for legislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed ...[6] ”
—South Dakota Codified Laws, 12-21-10
  • Municipal elections:
A losing or tied candidate for municipal office may request a recount if:
    • the election margin is less than or equal to 2% of the total votes cast for the office, or
    • the election margin is less than or equal to five votes.
The deadline to request such a recount is no later than five business days after the canvass.[7]
  • School board elections:
A losing or tied candidate for school board may request a recount if the margin is less than or equal to 2% of total votes cast for the office. The deadline to request such a recount is no later than five business days after the canvass.[7]

Voter-requested recounts:

  • Statewide ballot measure election:
“ Whenever any referred or submitted question is voted upon throughout the state and is determined according to the official canvass by a margin of not exceeding one-fourth of one percent of the total vote cast for and against on such question, there may be filed with the secretary of state within ten days after the completion of the official canvass by the State Board of Canvassers a petition signed by not less than one thousand registered voters of the state, and representing at least five counties of the state ...[6] ”
—South Dakota Codified Laws, 12-21-14
  • Precinct-level recounts:
Three registered voters in a precinct may request a recount in their specific precinct for a specific candidate in a county, state, or federal election. The margins allowing such a request are as follows:
    • For losing candidates running in an election where voters can only vote for one candidate (single-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race.
    • For losing candidates running in an election where voters can vote for two or more candidates (multi-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race, which is calculated as two times the average number of votes cast for the winning candidates.
Voters may also request a precinct-level recount for ballot measures under the guidelines for single-candidate races. The deadline to request a precinct-level recount is no later than ten days after an election. Subsequent requests from other precincts within the same county may be filed within three days after the first such request even if it is later than ten days after the election.[8]
  • Municipal and school board ballot measure elections:
Three registered voters within the jurisdiction may request a recount for a municipal or school board ballot measure if the margin is less than or equal to 2% of the total votes cast for the measure. The deadline to request such a recount is no later than five business days after the canvass.[7]

For more information about statewide, state legislative, county, and precinct recount procedures in South Dakota, click here. For more information about municipal and school board recount procedures, click here.

South Dakota voting equipment

See also: Voting methods and equipment by state

South Dakota uses paper ballot systems for its elections.[9][10]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ South Dakota Legislature Legislative Research Council, "12-21-1 to 37," accessed October 16, 2020
  2. ↑ Center for Election Integrity Minnesota, "South Dakota Recount Laws," accessed Oct. 19, 2020
  3. ↑ Center for Election Integrity Minnesota, "South Dakota," accessed Oct. 16, 2020
  4. ↑ South Dakota Code, "12-21-16," accessed Oct. 19, 2020
  5. ↑ Center for Election Integrity Minnesota, "South Dakota Recount Laws," accessed Oct. 19, 2020
  6. ↑ 6.0 6.1 6.2 6.3 6.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. ↑ 7.0 7.1 7.2 South Dakota Secretary of State, "Municipal and School Recount Manual," Dec. 3, 2019
  8. ↑ South Dakota Secretary of State, "Recount Manual," June 3 2020
  9. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  10. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  11. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  12. ↑ A court may order a recount under Arizona law.
  13. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  14. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  15. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  16. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  17. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  18. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  19. ↑ No mention in state law.
  20. ↑ No mention in state law.
  21. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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