South Dakota Codified Laws
Chapter 22 - Contests
Section 12-22-26 - Notice of intention to institute legislative contest--Time for service--Answer.

12-22-26. Notice of intention to institute legislative contest--Time for service--Answer.
Any person who intends to contest the election of any person to either branch of the Legislature may within ten days after the official canvass of the votes, or within five days after final determination of a recount, if a recount has been had, give written notice to such other person of such contest, specifying the grounds of such contest. The person on whom such notice is served may within ten days after such service, serve on the person giving such notice an answer, admitting or denying the grounds alleged, and shall be deemed to admit any grounds not denied.

Source: SDC 1939, ยง16.1917.

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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.