ENTITLED An Act to clarify the convening of recount boards for primary elections.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   12-21-20 be AMENDED:

12-21-20. 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.

An Act to clarify the convening of recount boards for primary elections.

Statutes affected:
Introduced, 01/13/2023: 12-21-20
Enrolled, 02/01/2023: 12-21-20