South Dakota Codified Laws
Chapter 21 - Recounts
Section 12-21-4 - Compensation of recount referee and appointive members of board.

12-21-4. Compensation of recount referee and appointed members of board.
The recount referee shall receive compensation in the same amount as court appointed counsel and the other two members so appointed to the recount board shall each receive compensation in the amount of twenty-five dollars per day or in an amount equal to the state minimum hourly wage, whichever is the greatest.

Source: SDC 1939, §16.1808 as added by SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, §3; SL 2008, ch 66, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 21 - Recounts

Section 12-21-1 - Purpose of chapter--Liberal construction.

Section 12-21-2 - Composition and appointment of county recount board--Oath to act in good faith and with impartiality.

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 - Complete recount on candidate's petition in close election in joint legislative district.

Section 12-21-11.1 - Notice to secretary of state of petition filed with county auditor.

Section 12-21-12 - Candidate's petition for recount in close state or district election--Notice to county auditors.

Section 12-21-13 - Computation of total vote where two or more candidates elected to same office.

Section 12-21-14 - Voters' petition for recount on question submitted to entire state--Form of petition--Notice to county auditors.

Section 12-21-15 - Petition for recount in close presidential election--Time of filing--Notice to county auditors.

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 - Notice to circuit judge of recount petition--Appointment and convening of recount board.

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 12-21-24 - Materials to be provided to recount board--Determination as to whether ballot countable.

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 12-21-28 - Identification of ballots disputed in two or more recounts--Substitution of memorandum describing ballot.

Section 12-21-29 - Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing.

Section 12-21-30 - Opening of segregated ballots involved in previous judicial proceedings--Court order to preserve rights.

Section 12-21-31 - Return and resealing of undisputed ballots--Certification of disputed ballots.

Section 12-21-32 - Certification of recount result--Contents and execution--Transmittal to secretary of state.

Section 12-21-33 - Sealing and certification of disputed ballots.

Section 12-21-34 - Filing and preservation of certificates.

Section 12-21-35 - Certification of recount result to canvassing board--Recount result in lieu of official returns.

Section 12-21-36 - Recanvass and corrected abstract of votes in local election.

Section 12-21-37 - New certificate of election or nomination to local office when result changed by recount.

Section 12-21-39 - Reconvening of state canvassers after recount--Recanvass and corrected abstract.

Section 12-21-40 - New certificate of election or nomination on change of result by corrected abstract of state returns.

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 12-21-54 - Defenses set forth in answer to certiorari--New allegations--Petition for additional writ.

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.