South Dakota Codified Laws
Chapter 22 - Contests
Section 12-22-20 - Certiorari to review recount as alternative remedy--Consolidation of proceedings.

12-22-20. Certiorari to review recount as alternative remedy--Consolidation of proceedings.
Whenever any person entitled to commence certiorari proceedings to review any recount under chapter 12-21 also desires to institute a contest under §§12-22-1 to 12-22-28, inclusive, he may resort to both remedies, and such remedies shall be deemed consistent and concurrent. The court may, in such a case, order the consolidation of such proceedings.

Source: SDC 1939, §16.1912.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 22 - Contests

Section 12-22-1 - "Contest" defined.

Section 12-22-2 - Candidate's right to institute contest--Legislative contests excepted.

Section 12-22-3 - Right to institute contest on submitted question--Judge's permission required.

Section 12-22-4 - Electoral candidates' and party chairman's right to institute contest of presidential election.

Section 12-22-5 - Time of commencement of contest--Commencement after recount.

Section 12-22-6 - Time of commencement of contest of presidential election.

Section 12-22-7 - Original jurisdiction of contests.

Section 12-22-8 - Summons and complaint to commence contest.

Section 12-22-9 - Service of summons and complaint--Time of serving.

Section 12-22-10 - Court orders to expedite proceedings.

Section 12-22-11 - Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants.

Section 12-22-12 - Intervention by other candidates--Assertion of right to nomination or office.

Section 12-22-13 - Designation of defendants in contest of presidential election.

Section 12-22-14 - Title of proceeding on submitted question.

Section 12-22-15 - Service of summons and complaint in contest on submitted question--Intervention.

Section 12-22-16 - Answer to present all defenses--Admission of matters not denied--Affirmative defense.

Section 12-22-17 - Hearing on contest--Default judgment prohibited.

Section 12-22-18 - Court to proceed expeditiously--Designation of judge and relief from other duties.

Section 12-22-19 - Official returns or recount conclusive as to accuracy of count--Other issues determined in contest.

Section 12-22-20 - Certiorari to review recount as alternative remedy--Consolidation of proceedings.

Section 12-22-21 - Judgment withheld while recount or certiorari pending--Judgment declaring election result.

Section 12-22-22 - Supreme Court order directing consolidation of contests involving same office or question--Duty of judges and attorneys to notify Supreme Court.

Section 12-22-23 - Conflicting circuit court decisions on same submitted question--Appeal determinative--Direction to attorney general to prosecute appeal.

Section 12-22-24 - Procedure as in other civil proceedings.

Section 12-22-25 - Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount.

Section 12-22-26 - Notice of intention to institute legislative contest--Time for service--Answer.

Section 12-22-27 - Depositions in legislative contest--Filing with secretary of state.

Section 12-22-28 - Public funds not used for legislative contest.

Section 12-22-29 - Candidate's right to contest primary election--Filing of complaint--Circuit court jurisdiction.

Section 12-22-30 - Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant.

Section 12-22-31 - Service of order fixing hearing date on primary contest--Answer.

Section 12-22-32 - Hearing of primary contest in or out of term--Preference in order of hearing.

Section 12-22-33 - Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and decisions.

Section 12-22-34 - Elections to which primary contest law applies.

Section 12-22-35 - Supreme Court jurisdiction of primary contests for state office.