12-20-1. Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty.
As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§12-20-2 and 12-20-3. The precinct superintendent and precinct deputies shall then immediately deliver the ballot boxes, registration book, pollbook, and other election supplies, including voided and unused ballots, to the counting board, if appointed, and sign a certificate of transmittal and receipt as prescribed by the State Board of Elections. The members of the precinct election board or the counting board, if appointed, shall then immediately proceed to count publicly, in the presence of all persons desiring to attend the count, the votes received at the polls, and continue without leaving the site of the count until the count is completed. A person charged with implementing this section may not delay the counting of ballots other than to authorize short recesses for the health and wellbeing of those employed to implement this section. In counting the votes, the members of the precinct election board or counting board shall use the tally sheets provided.
Source: SDC 1939, §16.1701; SL 1975, ch 119, §11; SL 1976, ch 105, §68; SL 1993, ch 113, §13; SL 1993, ch 118, §20; SL 1999, ch 69, §39; SL 2002, ch 76; §7; SL 2021, ch 68, § 1.
Structure South Dakota Codified Laws
Chapter 20 - Return And Canvass Of Votes
Section 12-20-2.1 - Return of provisional ballot envelopes and unopened absentee ballots.
Section 12-20-3 - Drawing of excess ballots.
Section 12-20-5.1 - Determination of validity of provisional ballots.
Section 12-20-6 - Unstamped ballots not counted.
Section 12-20-8 - Precinct superintendent and precinct deputies to record intention of voter.
Section 12-20-11 - Entry of precinct vote on unofficial return list--Return with election returns.
Section 12-20-13.1 - Means of counting provisional ballots--Appointment of officials.
Section 12-20-13.2 - Counting provisional ballots--Certification.
Section 12-20-13.3 - Counting provisional ballots--Alternate time.
Section 12-20-13.4 - Counting provisional ballots--Notice.
Section 12-20-17 - Returns not disclosed until all polls in state closed.
Section 12-20-18 - Entry of candidates' votes in precinct pollbooks.
Section 12-20-21.1 - Circumstances requiring report of official returns by telephone.
Section 12-20-21.2 - Write-in votes not to be counted--Other votes on ballot.
Section 12-20-37 - Secretary of state to provide guidance and direction in making returns.
Section 12-20-39 - Election by plurality.
Section 12-20-46 - Composition of State Canvassing Board--Candidate disqualified from participation.
Section 12-20-47 - Time of convening of state canvassers--Adjournment to obtain late returns.
Section 12-20-48.1 - National convention slates and votes--Certification.
Section 12-20-49 - Certificate of election issued for federal, state or legislative office.
Section 12-20-51 - Disputes decided by majority of state canvassers--Irregularities disregarded.
Section 12-20-52 - Rules and regulations for counting and canvass of vote.