12-21-29. Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing.
When in any recount, ballots have, in a previous recount, been identified and sealed as disputed but are still in the custody of the county auditor, the circuit court for the county shall, upon application to the county auditor, order the opening of such sealed envelopes solely for the purposes of the recount, and such envelopes may then be opened by such board in the presence of all persons entitled to appear at such recount and the ballots in such envelopes recounted. If it becomes necessary to identify any such ballot as disputed, it shall be marked as an exhibit, and in the sealed envelope in which disputed ballots are segregated in the pending recount, such board shall substitute in lieu of such ballot a memorandum briefly describing such ballot as to the question that is raised with reference thereto, how it has been identified as an exhibit and the identification of the envelope in which it was sealed in the previous recount. After such ballots have been recounted, they shall be resealed in the same identical envelope from which they were taken.
Source: SDC 1939, ยง16.1833.
Structure South Dakota Codified Laws
Section 12-21-1 - Purpose of chapter--Liberal construction.
Section 12-21-3 - Notice of appointment and time and place of recount--Notice to candidates.
Section 12-21-4 - Compensation of recount referee and appointive members of board.
Section 12-21-4.1 - Mileage allowance for recount board members.
Section 12-21-6 - Application of chapter.
Section 12-21-6.1 - Code of regulations to govern recounts.
Section 12-21-7 - Conditions under which recount made.
Section 12-21-8 - Precinct recount on petition by voters of precinct.
Section 12-21-9 - Extended time for filing additional precinct recount petitions.
Section 12-21-10 - Complete recount on candidate's petition in close local election.
Section 12-21-11.1 - Notice to secretary of state of petition filed with county auditor.
Section 12-21-13 - Computation of total vote where two or more candidates elected to same office.
Section 12-21-16 - Tie vote certified by canvassing board--Automatic recount.
Section 12-21-18 - Chapter not applicable where runoff election required.
Section 12-21-19 - Joint petition by defeated candidates.
Section 12-21-20.1 - Appointment of additional recount board.
Section 12-21-21 - Adjournment by board to another place.
Section 12-21-22 - Adjournment to permit combining separate recounts of same ballots.
Section 12-21-23 - Majority vote of county recount board--Quorum.
Section 12-21-25 - Recount to proceed expeditiously.
Section 12-21-26 - Candidates' right to witness recount--Witnesses to recount on submitted question.
Section 12-21-27 - Segregation and identification of disputed ballots.
Section 12-21-31 - Return and resealing of undisputed ballots--Certification of disputed ballots.
Section 12-21-33 - Sealing and certification of disputed ballots.
Section 12-21-34 - Filing and preservation of certificates.
Section 12-21-36 - Recanvass and corrected abstract of votes in local election.
Section 12-21-39 - Reconvening of state canvassers after recount--Recanvass and corrected abstract.
Section 12-21-43 - Tie vote after recount determined by lot--Issuance of certificate.
Section 12-21-44 - Second recount prohibited--Exception.
Section 12-21-45 - Court order for second recount--Grounds--Time of filing petition.
Section 12-21-46 - Court removal and replacement of recount board member not acting in good faith.
Section 12-21-47 - Persons entitled to certiorari for review of recount--Time of filing of petition.
Section 12-21-48 - Original jurisdiction of certiorari proceedings.
Section 12-21-49 - Form and contents of petition for certiorari.
Section 12-21-50 - Issuance of writ of certiorari--Officials to whom addressed--Contents.
Section 12-21-51 - Service of writ of certiorari--Persons on whom served.
Section 12-21-52 - Intervention in certiorari involving submitted question.
Section 12-21-53 - Answer to petition for certiorari--Joint or several answer.
Section 12-21-55 - Insufficient certification--Further certification required.
Section 12-21-56 - Hearing on certiorari--Conference to narrow issues.
Section 12-21-57 - Scope of review on certiorari--Correction of errors.
Section 12-21-58 - Procedure as in other cases of certiorari.
Section 12-21-59 - Judgment on certiorari.
Section 12-21-60 - Right of appeal to Supreme Court from judgment on certiorari.
Section 12-21-61 - Procedure on appeal to Supreme Court--Provisions to secure speedy determination.