§ 12-21-1 Purpose of chapter–Liberal construction
§ 12-21-2 Composition and appointment of county recount board–Individuals disqualified from serving–Oath–Promulgation of rules
§ 12-21-3 Notice of appointment and time and place of recount–Notice to candidates
§ 12-21-4 Compensation of recount referee and appointed members of board
§ 12-21-4.1 Mileage allowance for recount board members
§ 12-21-6 Application of chapter
§ 12-21-6.1 Code of regulations to govern recounts
§ 12-21-7 Conditions under which recount made
§ 12-21-8 Precinct recount on petition by voters of precinct
§ 12-21-9 Extended time for filing additional precinct recount petitions
§ 12-21-10 Complete recount on candidate’s petition in close local election
§ 12-21-11 Complete recount on candidate’s petition in close election in joint legislative district
§ 12-21-11.1 Notice to secretary of state of petition filed with county auditor
§ 12-21-12 Candidate’s petition for recount in close state or district election–Notice to county auditors
§ 12-21-13 Computation of total vote where two or more candidates elected to same office
§ 12-21-14 Voters’ petition for recount on question submitted to entire state–Form of petition–Notice to county auditors
§ 12-21-15 Petition for recount in close presidential election–Time of filing–Notice to county auditors
§ 12-21-16 Tie vote certified by canvassing board–Automatic recount
§ 12-21-18 Chapter not applicable where runoff election required
§ 12-21-19 Joint petition by defeated candidates
§ 12-21-20 Notice to circuit judge of recount petition–Appointment and convening of recount board
§ 12-21-20.1 Appointment of additional recount board
§ 12-21-21 Adjournment by board to another place
§ 12-21-22 Adjournment to permit combining separate recounts of same ballots
§ 12-21-23 Majority vote of county recount board–Quorum
§ 12-21-24 Materials to be provided to recount board–Determination as to whether ballot countable
§ 12-21-25 Recount to proceed expeditiously
§ 12-21-26 Candidates’ right to witness recount–Witnesses to recount on submitted question
§ 12-21-27 Segregation and identification of disputed ballots
§ 12-21-28 Identification of ballots disputed in two or more recounts–Substitution of memorandum describing ballot
§ 12-21-29 Opening of segregated ballot for purpose of different recount–Identification and substitution of memorandum if disputed–Resealing
§ 12-21-30 Opening of segregated ballots involved in previous judicial proceedings–Court order to preserve rights
§ 12-21-31 Return and resealing of undisputed ballots–Certification of disputed ballots
§ 12-21-32 Certification of recount result–Contents and execution–Transmittal to secretary of state
§ 12-21-33 Sealing and certification of disputed ballots
§ 12-21-34 Filing and preservation of certificates
§ 12-21-35 Certification of recount result to canvassing board–Recount result in lieu of official returns
§ 12-21-36 Recanvass and corrected abstract of votes in local election
§ 12-21-37 New certificate of election or nomination to local office when result changed by recount
§ 12-21-39 Reconvening of state canvassers after recount–Recanvass and corrected abstract
§ 12-21-40 New certificate of election or nomination on change of result by corrected abstract of state returns
§ 12-21-41 Original certificate of nomination or election superseded by certificate issued after recount–Rights of holder
§ 12-21-42 Original determination on submitted question superseded by determination after recount
§ 12-21-43 Tie vote after recount determined by lot–Issuance of certificate
§ 12-21-44 Second recount prohibited–Exception
§ 12-21-45 Court order for second recount–Grounds–Time of filing petition
§ 12-21-46 Court removal and replacement of recount board member not acting in good faith
§ 12-21-47 Persons entitled to certiorari for review of recount–Time of filing of petition
§ 12-21-48 Original jurisdiction of certiorari proceedings
§ 12-21-49 Form and contents of petition for certiorari
§ 12-21-50 Issuance of writ of certiorari–Officials to whom addressed–Contents
§ 12-21-51 Service of writ of certiorari–Persons on whom served
§ 12-21-52 Intervention in certiorari involving submitted question
§ 12-21-53 Answer to petition for certiorari–Joint or several answer
§ 12-21-54 Defenses set forth in answer to certiorari–New allegations–Petition for additional writ
§ 12-21-55 Insufficient certification–Further certification required
§ 12-21-56 Hearing on certiorari–Conference to narrow issues
§ 12-21-57 Scope of review on certiorari–Correction of errors
§ 12-21-58 Procedure as in other cases of certiorari
§ 12-21-59 Judgment on certiorari
§ 12-21-60 Right of appeal to Supreme Court from judgment on certiorari
§ 12-21-61 Procedure on appeal to Supreme Court–Provisions to secure speedy determination
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Terms Used In South Dakota Codified Laws > Title 12 > Chapter 21 - Recounts

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See South Dakota Codified Laws 2-14-2
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2