9-13-27.3. Request for recount--Recount board established.
If any candidate for the municipal governing body is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, or by a margin of five votes or less, the candidate may, within five days after completion of the official canvass, file with the municipal finance officer a written request for a recount. The finance officer shall set the time and place for the recount to occur within ten days of the date of the receipt of the recount request. A recount board shall be established consisting of one person chosen by each candidate declared elected and by each candidate who is eligible to request a recount. If this board consists of an even number of persons, one additional recount board member shall be appointed by the finance officer who shall be mutually agreeable to each candidate involved in the recount. Each representative to the recount board shall be named within three days of the receipt of the recount request by the finance officer. The person having custody of the ballot boxes containing the ballots to be recounted shall deliver them to the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed expeditiously until completed.
Source: SL 1984, ch 55, §2; SL 1995, ch 44, §2; SL 2017, ch 58, §1.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 13 - Municipal Elections
Section 9-13-1 - Date of annual municipal election--Hours of voting.
Section 9-13-1.2 - Dates associated with joint election.
Section 9-13-6 - Publication of notice of vacancies--Times.
Section 9-13-6.1 - Individual contests authorized when more than one seat vacant.
Section 9-13-7 - Municipal office--Nominating petition--Contents.
Section 9-13-7.1 - Withdrawal or death of candidate--Procedure.
Section 9-13-13 - Notice of municipal election--Publication or posting.
Section 9-13-14.1 - Filling of vacancy on municipal governing body--Appointment or special election.
Section 9-13-14.3 - Elected official to hold office until vacancy filled.
Section 9-13-16.1 - Precinct election boards.
Section 9-13-21 - Ballots--Preparation--Availability--Form--Candidate names.
Section 9-13-24 - Return and canvass of votes.
Section 9-13-25 - Election result--Highest vote total--Runoff by ordinance.
Section 9-13-27.1 - Runoff election--Notice.
Section 9-13-27.2 - Tie vote--Recount--Determination by lot.
Section 9-13-27.3 - Request for recount--Recount board established.
Section 9-13-27.4 - Recount on ballot question--Recount board.
Section 9-13-28 - Notice to persons elected--Time allowed for qualification.
Section 9-13-29 - Municipal officers subject to recall.
Section 9-13-31 - Special or annual election--Notice.
Section 9-13-32 - Recall election--Incumbent--Other candidates--Runoff.
Section 9-13-33 - Continuation of incumbent in office if re-elected.
Section 9-13-35 - Term of office of successor elected at recall election.
Section 9-13-36 - Election board for wards--Compensation.
Section 9-13-37 - Municipal elections held in conjunction with June primary elections.