12-22-5. Time of commencement of contest--Commencement after recount.
Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a recount there is a determination that is contrary to the result as pronounced on the official returns, such contest may be started within five days after such pronouncement of such result of such recount.
Source: SDC 1939, ยง16.1903.
Structure South Dakota Codified Laws
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 12-22-5 - 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 12-22-12 - 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 12-22-17 - Hearing on contest--Default judgment prohibited.
Section 12-22-20 - Certiorari to review recount as alternative remedy--Consolidation of proceedings.
Section 12-22-24 - Procedure as in other civil proceedings.
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 12-22-31 - 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 12-22-34 - Elections to which primary contest law applies.
Section 12-22-35 - Supreme Court jurisdiction of primary contests for state office.