South Dakota Codified Laws
Title 12 - Elections

Section 12-1-5 - State board created--Members--Terms--Vacancies--Oath. - 12-1-5. State board created--Members--Terms--Vacancies--Oath. There is created a State Board...

Section 12-1-6 - Per diem and expenses. - 12-1-6. Per diem and expenses. The per diem and expenses...

Section 12-1-7 - Assistance by secretary of state's office. - 12-1-7. Assistance by secretary of state's office. The Office of...

Section 12-1-8 - Legal assistance to board. - 12-1-8. Legal assistance to board. The Office of the Attorney...

Section 12-1-9 - Rule-making power of board. - 12-1-9. Rule-making power of board. The State Board of Elections...

Section 12-1-10 - Recommendations to secretary of state. - 12-1-10. Recommendations to secretary of state. The Board of Elections...

Section 12-1-11 - Costs paid by county--Exception for local elections--Prohibition on private funding––Promulgation of rules. - 12-1-11. Costs paid by county--Exception for local elections--Prohibition on private...

Section 12-1-12 - Political party office prohibited in county courthouse. - 12-1-12. Political party office prohibited in county courthouse. No political...

Section 12-1-13 - Challenge to petition signatures or declaration of candidacy. - 12-1-13.Challenge to petition signatures or declaration of candidacy. Within five...

Section 12-1-14 - Verification of petition signatures or declaration of candidacy--Written declaration as to validity. - 12-1-14. Verification of petition signatures or declaration of candidacy--Written declaration...

Section 12-1-15 - Notification of candidate or sponsor if petition declared invalid. - 12-1-15. Notification of candidate or sponsor if petition declared invalid....

Section 12-1-16 - Other legal remedies to challenge petition not precluded. - 12-1-16. Other legal remedies to challenge petition not precluded. If...

Section 12-1-17 - Computation of time allowed for election notice or filing. - 12-1-17.Computation of time allowed for election notice or filing. In...

Section 12-1-18 - Time when petition may be circulated. - 12-1-18. Time when petition may be circulated. Any referendum petition...

Section 12-1-21 - Complaints filed under the Help America Vote Act. - 12-1-21. Complaints filed under the Help America Vote Act. The...

Section 12-1-22 - Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution. - 12-1-22. Arbitration of complaints under Help America Vote Act--Appointment of...

Section 12-1-23 - Time and place of hearing--Notice to parties. - 12-1-23. Time and place of hearing--Notice to parties. The arbitrator...

Section 12-1-24 - Subpoena issued by arbitrator--Service and enforcement. - 12-1-24. Subpoena issued by arbitrator--Service and enforcement. The arbitrator may...

Section 12-1-25 - Depositions permitted by arbitrators--Compelling testimony. - 12-1-25. Depositions permitted by arbitrators--Compelling testimony. On application of either...

Section 12-1-26 - Evidence presented by parties--Cross-examination. - 12-1-26. Evidence presented by parties--Cross-examination. Unless otherwise provided by an...

Section 12-1-27 - Adjournment or postponement of hearing--Failure of party to appear. - 12-1-27. Adjournment or postponement of hearing--Failure of party to appear....

Section 12-1-28 - Issuance of resolution--Delivery to parties. - 12-1-28. Issuance of resolution--Delivery to parties. The resolution pronouncement shall...

Section 12-1-29 - Payment of expenses of proceedings. - 12-1-29. Payment of expenses of proceedings. The arbitrator's expenses and...

Section 12-1-30 - Grounds to vacate resolution--New arbitrator. - 12-1-30. Grounds to vacate resolution--New arbitrator. Within ten days of...

Section 12-1-31 - Invalid candidacy on nominating petition--Vacancy after primary election. - 12-1-31. Invalid candidacy on nominating petition--Vacancy after primary election. If...

Section 12-1-32 - Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor. - 12-1-32. Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor....

Section 12-1-33 - Exception for registered sex offender circulating petition under supervision. - 12-1-33. Exception for registered sex offender circulating petition under supervision....

Section 12-1-34 - Exception for registered sex offender circulating nominating petition on his or her own behalf. - 12-1-34. Exception for registered sex offender circulating nominating petition on...

Section 12-1-35 - Secretary of state to examine nominating petitions for statewide office for compliance. - 12-1-35. Secretary of state to examine nominating petitions for statewide...

Section 12-1-36 - Verification of signatures on nominating petitions by random sampling. - 12-1-36. Verification of signatures on nominating petitions by random sampling....

Section 12-1-37 - Certification of sufficient or insufficient number of signatures based on random sampling. - 12-1-37. Certification of sufficient or insufficient number of signatures based...

Section 12-1-38 - Circuit court challenge not affected by random sampling. - 12-1-38. Circuit court challenge not affected by random sampling. Nothing...

Section 12-1-39 - Availability of petition to public. - 12-1-39. Availability of petition to public. No petition submitted may...

Chapter 02 - Dates And Hours Of Elections

Section 12-2-1 - Date of primary election. - 12-2-1. Date of primary election. The primary election provided for...

Section 12-2-2 - Date of general election--Officers elected. - 12-2-2. Date of general election--Officers elected. On the first Tuesday...

Section 12-2-2.1 - Statewide elections limited to primary, runoff, and general election dates. - 12-2-2.1. Statewide elections limited to primary, runoff, and general election...

Section 12-2-3 - Opening and closing times for polls--Voters in line at closing time. - 12-2-3. Opening and closing times for polls--Voters in line at...

Section 12-2-4 - Emergency extension of closing times--Reopening after extended emergency. - 12-2-4. Emergency extension of closing times--Reopening after extended emergency. Notwithstanding...

Section 12-2-5 - Elections of governmental subdivision held in conjunction with June primary election. - 12-2-5. Elections of governmental subdivision held in conjunction with June...

Section 12-2-6 - Combined elections of governmental subdivisions. - 12-2-6. Combined elections of governmental subdivisions. The members of the...

Section 12-2-8 - Postponement of election for weather conditions. - 12-2-8. Postponement of election for weather conditions. No earlier than...

Section 12-2-9 - Notification to voters of postponement of election. - 12-2-9. Notification to voters of postponement of election. The person...

Chapter 03 - Suffrage And Right To Vote

Section 12-3-1 - General qualifications of voters--Registration required. - 12-3-1. General qualifications of voters--Registration required. Every person resident of...

Section 12-3-1.1 - Residents of federal areas. - 12-3-1.1. Residents of federal areas. No person residing on an...

Section 12-3-5 - Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor. - 12-3-5. Time allowed employees from work to vote--Penalty and pay...

Section 12-3-6 - Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state. - 12-3-6. Counties covered by Voting Rights Act Amendments--Designation by federal...

Section 12-3-7 - Proceedings to exempt county from Voting Rights Amendments. - 12-3-7. Proceedings to exempt county from Voting Rights Amendments. The...

Section 12-3-8 - Implementation of Voting Rights Amendments in affected counties. - 12-3-8. Implementation of Voting Rights Amendments in affected counties. Sections...

Section 12-3-9 - Sioux dialects defined as historically unwritten. - 12-3-9. Sioux dialects defined as historically unwritten. The Legislature finds...

Section 12-3-10 - Linguistic assistance to Indians provided by counties. - 12-3-10. Linguistic assistance to Indians provided by counties. The county...

Section 12-3-11 - Precinct interpreters provided--Payment. - 12-3-11. Precinct interpreters provided--Payment. Interpreters shall be provided for precincts...

Section 12-3-12 - Certification that precinct interpreter not needed--Proof. - 12-3-12. Certification that precinct interpreter not needed--Proof. If any precinct...

Section 12-3-13 - Rules promulgated by state board. - 12-3-13. Rules promulgated by state board. The State Board of...

Chapter 04 - Registration Of Voters

Section 12-4-1 - Persons entitled to register. - 12-4-1. Persons entitled to register. Every person residing within the...

Section 12-4-2 - County auditor in charge of voter registration records. - 12-4-2. County auditor in charge of voter registration records. The...

Section 12-4-3 - Mail registration cards and instructions provided by auditor--Contact information provided by private entities. - 12-4-3. Mail registration cards and instructions provided by auditor--Contact information...

Section 12-4-3.2 - Deadline for private entities or individuals registering voters to file registration form--Violation as misdemeanor. - 12-4-3.2. Deadline for private entities or individuals registering voters to...

Section 12-4-4.2 - Purpose of overseas voting rights provisions. - 12-4-4.2. Purpose of overseas voting rights provisions. The purpose of...

Section 12-4-4.3 - Overseas citizen defined. - 12-4-4.3. Overseas citizen defined. An "overseas citizen" is any person...

Section 12-4-4.4 - Registration and voting by overseas citizens--Conditions. - 12-4-4.4. Registration and voting by overseas citizens--Conditions. Any overseas citizen...

Section 12-4-4.5 - Absentee registration and voting in last county and precinct of residence. - 12-4-4.5. Absentee registration and voting in last county and precinct...

Section 12-4-4.6 - Absentee ballot request as registration--Notarization not required. - 12-4-4.6. Absentee ballot request as registration--Notarization not required. A request...

Section 12-4-4.7 - Expedition of registrations and ballot requests. - 12-4-4.7. Expedition of registrations and ballot requests. The person in...

Section 12-4-4.8 - Promulgation of rules by state board. - 12-4-4.8. Promulgation of rules by state board. The State Board...

Section 12-4-4.9 - Election laws apply to overseas voting provisions. - 12-4-4.9. Election laws apply to overseas voting provisions. All other...

Section 12-4-4.10 - Secretary of state to provide voter registration and absentee voting information. - 12-4-4.10. Secretary of state to provide voter registration and absentee...

Section 12-4-4.12 - Registration of voter covered by Uniformed and Overseas Citizens Absentee Voting Act. - 12-4-4.12.Registration of voter covered by Uniformed and Overseas Citizens Absentee...

Section 12-4-5 - Entry of applicants in registration file--Deadline--List for runoff election. - 12-4-5. Entry of applicants in registration file--Deadline--List for runoff election....

Section 12-4-5.2 - Notice of registration procedures--Publication. - 12-4-5.2. Notice of registration procedures--Publication. The county auditor or the...

Section 12-4-5.3 - Review of voter registration application by auditor--Notice to applicant. - 12-4-5.3. Review of voter registration application by auditor--Notice to applicant....

Section 12-4-5.4 - Registration--Information provided. - 12-4-5.4. Registration--Information provided. Any person registering to vote shall provide...

Section 12-4-5.5 - Verification of registration information. - 12-4-5.5. Verification of registration information. At the time voter registration...

Section 12-4-6 - Filling out registration card--Registration at driver's license station--Applicant unable to write. - 12-4-6. Filling out registration card--Registration at driver's license station--Applicant unable...

Section 12-4-6.1 - Effective date of voter registration. - 12-4-6.1. Effective date of voter registration. A voter registration shall...

Section 12-4-7.2 - Duty to ensure completion of registration cards. - 12-4-7.2. Duty to ensure completion of registration cards. Any local,...

Section 12-4-8 - Records prescribed by state board--Information required. - 12-4-8. Records prescribed by state board--Information required. For the purpose...

Section 12-4-8.1 - Postcard requests for absentee ballot under federal law--Indexing and furnishing to precinct board. - 12-4-8.1. Postcard requests for absentee ballot under federal law--Indexing and...

Section 12-4-8.2 - True copy to replace duplicate acknowledgment notice. - 12-4-8.2. True copy to replace duplicate acknowledgment notice. Any voter...

Section 12-4-9 - Master registration file--Contents--Public inspection--Limitations. - 12-4-9. Master registration file--Contents--Public inspection--Limitations. The county auditor shall maintain...

Section 12-4-9.2 - Secured active designation. - 12-4-9.2. Secured active designation. A person eligible to vote under...

Section 12-4-9.3 - Voter registration records of judicial officers not a public record. - 12-4-9.3. Voter registration records of judicial officers not a public...

Section 12-4-10 - Precinct registration lists--Contents--Entries by superintendent. - 12-4-10. Precinct registration lists--Contents--Entries by superintendent. The county auditor shall...

Section 12-4-10.1 - Registration lists furnished to federal court for jury selection--Return of lists to auditor. - 12-4-10.1. Registration lists furnished to federal court for jury selection--Return...

Section 12-4-11 - Change of registration file on change in precinct boundaries. - 12-4-11. Change of registration file on change in precinct boundaries....

Section 12-4-12 - New registration on move between states or counties--Authorization to cancel previous registration. - 12-4-12. New registration on move between states or counties--Authorization to...

Section 12-4-15 - Designation or change of party affiliation. - 12-4-15. Designation or change of party affiliation. A person may...

Section 12-4-18 - Persons declared mentally incompetent, deceased or serving sentence for felony conviction removed from registration records. - 12-4-18. Persons declared mentally incompetent, deceased or serving sentence for...

Section 12-4-19 - Address verification request--Confirmation mailing--Exception. - 12-4-19. Address verification request--Confirmation mailing--Exception. Any voter in the active...

Section 12-4-19.1 - Confirmation mailing notice to registrant of proposed registration cancellation--Postcard and return card--Contents. - 12-4-19.1. Confirmation mailing notice to registrant of proposed registration cancellation--Postcard...

Section 12-4-19.2 - Placement in inactive registration file by auditor. - 12-4-19.2. Placement in inactive registration file by auditor. If the...

Section 12-4-19.4 - Cancellation of voter registration. - 12-4-19.4. Cancellation of voter registration. If a voter placed in...

Section 12-4-19.6 - National change of address notice. - 12-4-19.6. National change of address notice. The national change of...

Section 12-4-19.7 - Voter registration list maintenance confirmation mailing notice--Contents. - 12-4-19.7. Voter registration list maintenance confirmation mailing notice--Contents. The voter...

Section 12-4-24 - Precinct lists for local election--Delivery to voting precincts. - 12-4-24. Precinct lists for local election--Delivery to voting precincts. The...

Section 12-4-32 - National Voter Registration Act of 1993. - 12-4-32. National Voter Registration Act of 1993. Sections 4 to...

Section 12-4-33 - Chief state election official. - 12-4-33. Chief state election official. The secretary of state is...

Section 12-4-34 - Registered voters referred to in other statutes. - 12-4-34. Registered voters referred to in other statutes. If a...

Section 12-4-35 - Rules for the National Voter Registration Act. - 12-4-35. Rules for the National Voter Registration Act. The State...

Section 12-4-36 - Rebuttable presumption that certain electors not qualified. - 12-4-36. Rebuttable presumption that certain electors not qualified. There is...

Section 12-4-37 - Statewide voter registration file--County auditors to transmit changes to secretary. - 12-4-37. Statewide voter registration file--County auditors to transmit changes to...

Section 12-4-38 - County auditor's file is official record in event of discrepancy. - 12-4-38. County auditor's file is official record in event of...

Section 12-4-39 - Promulgation of rules--Scope. - 12-4-39. Promulgation of rules--Scope. The secretary of state may promulgate...

Section 12-4-40 - Identification of duplicate voter registration--Notification. - 12-4-40. Identification of duplicate voter registration--Notification. The secretary of state...

Section 12-4-41 - Use of voter registration information--Violation as misdemeanor--Civil penalty. - 12-4-41. Use of voter registration information--Violation as misdemeanor--Civil penalty. Any...

Section 12-4-52 - Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor. - 12-4-52. Payment for registration of voters based on number of...

Section 12-4-53 - Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor. - 12-4-53. Receipt of payment for registration of voters based on...

Chapter 05 - Political Parties And Party Affairs

Section 12-5-1 - Organization and dissolution of political party. - 12-5-1.Organization and dissolution of political party. A new political party...

Section 12-5-1.1 - Party constitution or bylaws required--Filing with secretary of state. - 12-5-1.1. Party constitution or bylaws required--Filing with secretary of state....

Section 12-5-1.3 - Notice to county auditors of party rules affecting elections . - 12-5-1.3. Notice to county auditors of party rules affecting elections....

Section 12-5-1.4 - Nominating petitions of new party primary candidates. - 12-5-1.4. Nominating petitions of new party primary candidates. If a...

Section 12-5-1.5 - Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature. - 12-5-1.5.Organization and dissolution of political party without candidate for United...

Section 12-5-1.6 - Reward prohibited--Violation as misdemeanor. - 12-5-1.6. Reward prohibited--Violation as misdemeanor. No person may employ, reward,...

Section 12-5-2 - Precinct officials elected at primary. - 12-5-2. Precinct officials elected at primary. Each political party may...

Section 12-5-3.6 - Selection of method of allocating national convention vote. - 12-5-3.6. Selection of method of allocating national convention vote. A...

Section 12-5-3.8 - Certification of candidates or slates for primary--Placement on ballot--Selection process without primary. - 12-5-3.8. Certification of candidates or slates for primary--Placement on ballot--Selection...

Section 12-5-3.9 - Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing. - 12-5-3.9. Certification of candidates or slates by state chairperson--Mandamus to...

Section 12-5-3.11 - Primary election of national convention delegates and alternates--Grouping of names on nominating petition--Statement of preference. - 12-5-3.11. Primary election of national convention delegates and alternates--Grouping of...

Section 12-5-3.13 - Election of all delegates by slate receiving most votes. - 12-5-3.13. Election of all delegates by slate receiving most votes....

Section 12-5-3.14 - Notice by candidates or supporters of intention to enter presidential primary. - 12-5-3.14. Notice by candidates or supporters of intention to enter...

Section 12-5-3.15 - State board to adopt rules. - 12-5-3.15. State board to adopt rules. The State Board of...

Section 12-5-3.16 - Certification of names of national convention nominees for President and vice-president--Alternate certification. - 12-5-3.16. Certification of names of national convention nominees for President...

Section 12-5-4 - Statement filed by candidates for precinct committee--Time of filing--Contents. - 12-5-4. Statement filed by candidates for precinct committee--Time of filing--Contents....

Section 12-5-4.1 - Unopposed candidate for precinct committee automatically elected. - 12-5-4.1. Unopposed candidate for precinct committee automatically elected. Any candidate...

Section 12-5-8 - Furnishing to precincts of ballots for precinct committee--Form prescribed by state board. - 12-5-8. Furnishing to precincts of ballots for precinct committee--Form prescribed...

Section 12-5-9 - Votes for precinct committee restricted to nominees. - 12-5-9. Votes for precinct committee restricted to nominees. Only candidates...

Section 12-5-13 - Precinct committeemen elected by plurality at primary--Term of office. - 12-5-13. Precinct committeemen elected by plurality at primary--Term of office....

Section 12-5-14 - County central committee--Composition--Organization--Certification of party officials. - 12-5-14. County central committee--Composition--Organization--Certification of party officials. The county central...

Section 12-5-15 - Vacancies filled by county central committee--Exception. - 12-5-15. Vacancies filled by county central committee--Exception. The county central...

Section 12-5-17 - Biennial state conventions--Time and place--Notice to secretary of state. - 12-5-17. Biennial state conventions--Time and place--Notice to secretary of state....

Section 12-5-18 - Voting by delegates to state convention. - 12-5-18. Voting by delegates to state convention. At the state...

Section 12-5-21 - Nomination of state candidates not voted on at primary--Presidential electors and national committee members. - 12-5-21. Nomination of state candidates not voted on at primary--Presidential...

Section 12-5-22 - Majority required for nomination by convention--Certification to secretary of state. - 12-5-22. Majority required for nomination by convention--Certification to secretary of...

Section 12-5-25 - Nomination of candidates by political party with alternative political status--Primary election. - 12-5-25. Nomination of candidates by political party with alternative political...

Section 12-5-26 - New party nomination of candidates. - 12-5-26.New party nomination of candidates. A new political party may...

Chapter 06 - Primary Elections

Section 12-6-1 - Offices to which chapter applies. - 12-6-1. Offices to which chapter applies. The provisions of this...

Section 12-6-2 - Third-term gubernatorial nomination prohibited. - 12-6-2. Third-term gubernatorial nomination prohibited. No person shall be nominated...

Section 12-6-3 - Candidacy for more than one office in same election prohibited--Exceptions. - 12-6-3. Candidacy for more than one office in same election...

Section 12-6-3.1 - Legislative candidates required to reside in district of candidacy. - 12-6-3.1. Legislative candidates required to reside in district of candidacy....

Section 12-6-3.2 - Candidate required to register with party. - 12-6-3.2. Candidate required to register with party. No person may...

Section 12-6-4 - Petition required to place candidate's name on primary ballot--Time and place of filing. - 12-6-4. Petition required to place candidate's name on primary ballot--Time...

Section 12-6-4.1 - Earliest time for circulating petitions or certificates. - 12-6-4.1. Earliest time for circulating petitions or certificates. No petition...

Section 12-6-5 - Form of nominating petition prescribed by state board. - 12-6-5. Form of nominating petition prescribed by state board. The...

Section 12-6-6 - Joint petitions for delegate candidates--Individual petitions otherwise required. - 12-6-6. Joint petitions for delegate candidates--Individual petitions otherwise required. Two...

Section 12-6-7 - Nominating petitions--Several sheets--Signature requirements. - 12-6-7. Nominating petitions--Several sheets--Signature requirements. A nominating petition may be...

Section 12-6-8 - Time and manner of signing petition--Declaration of candidate--Verification--Signing for independent or nonpolitical candidate. - 12-6-8. Time and manner of signing petition--Declaration of candidate--Verification--Signing for...

Section 12-6-8.1 - Withdrawal from primary election--Time and place of filing. - 12-6-8.1. Withdrawal from primary election--Time and place of filing. Any...

Section 12-6-9 - Unopposed candidate automatically nominated--Primary not held if no contest. - 12-6-9. Unopposed candidate automatically nominated--Primary not held if no contest....

Section 12-6-11 - Certification to county auditors of nominating petitions filed with secretary of state. - 12-6-11. Certification to county auditors of nominating petitions filed with...

Section 12-6-14 - Form of official primary ballot prescribed by state board. - 12-6-14. Form of official primary ballot prescribed by state board....

Section 12-6-26 - Qualifications of voters at primary--Party registration requirements. - 12-6-26. Qualifications of voters at primary--Party registration requirements. No person...

Section 12-6-50 - Nomination by plurality at primary. - 12-6-50. Nomination by plurality at primary. Any candidate for a...

Section 12-6-51.1 - Percentage of votes required to run for Senate, House of Representatives, or Governor--Runoff election. - 12-6-51.1. Percentage of votes required to run for Senate, House...

Section 12-6-51.3 - Certification of runoff candidates. - 12-6-51.3. Certification of runoff candidates. Within twenty-four hours after the...

Section 12-6-52 - Party officials elected by plurality at primary. - 12-6-52. Party officials elected by plurality at primary. Any candidate...

Section 12-6-55 - Withdrawal by nominee--Time and place of filing. - 12-6-55. Withdrawal by nominee--Time and place of filing. Any person...

Section 12-6-56 - Party committee--Party candidate vacancies. - 12-6-56. Party committee--Party candidate vacancies. If a vacancy occurs by...

Section 12-6-57 - Meeting of party committee to fill vacancies--Manner of voting. - 12-6-57. Meeting of party committee to fill vacancies--Manner of voting....

Section 12-6-58 - Application of vacancy provisions to special congressional elections. - 12-6-58. Application of vacancy provisions to special congressional elections. Sections...

Section 12-6-64 - Liberal construction of primary election laws. - 12-6-64. Liberal construction of primary election laws. The laws of...

Section 12-6-65 - Defeated candidate--Prohibition. - 12-6-65 . Defeated candidate--Prohibition. Notwithstanding any other provisions, if a...

Chapter 07 - Nomination Of Independent Candidates

Section 12-7-1 - Certificate of nomination for nonjudicial public office-- Exceptions--Requirements . - 12-7-1. Certificate of nomination for nonjudicial public office--Exceptions--Requirements. Any candidate...

Section 12-7-1.1 - Earliest time for circulation of petitions or nominating certificates. - 12-7-1.1. Earliest time for circulation of petitions or nominating certificates....

Section 12-7-1.2 - Certification of candidate for lieutenant governor. - 12-7-1.2. Certification of candidate for lieutenant governor. An independent candidate...

Section 12-7-5 - Primary election candidate prohibited from filing as independent for same office in same year. - 12-7-5. Primary election candidate prohibited from filing as independent for...

Section 12-7-6 - Candidates for Legislature required to reside in district of candidacy. - 12-7-6. Candidates for Legislature required to reside in district of...

Section 12-7-7 - Certificate of nomination for President or Vice President of the United States--Requirements. - 12-7-7. Certificate of nomination for President or Vice President of...

Chapter 08 - Certification Of Nominations

Section 12-8-1 - Certification by county board of nominees at primary--Certificate of election of party officials. - 12-8-1. Certification by county board of nominees at primary--Certificate of...

Section 12-8-2 - Certification by state board of nominees at primary--Certificate of election of party officials. - 12-8-2. Certification by state board of nominees at primary--Certificate of...

Section 12-8-6 - Time of filing certificates of nomination. - 12-8-6.Time of filing certificates of nomination. Nominations by party committee...

Section 12-8-8 - Certification to county auditors of persons nominated for office--Delayed certification of presidential and vice presidential candidates. - 12-8-8. Certification to county auditors of persons nominated for office--Delayed...

Chapter 09 - Judicial Nominations And Elections

Section 12-9-1 - Judicial officers nominated and elected in nonpolitical elections. - 12-9-1. Judicial officers nominated and elected in nonpolitical elections. All...

Section 12-9-3.1 - Individual judicial positions designated by secretary of state. - 12-9-3.1. Individual judicial positions designated by secretary of state. The...

Section 12-9-4 - Filing of nominating petitions--Number of signatures--Form and contents. - 12-9-4. Filing of nominating petitions--Number of signatures--Form and contents. Nominating...

Section 12-9-6 - Party references prohibited in petitions filed. - 12-9-6. Party references prohibited in petitions filed. In any petition...

Section 12-9-8 - Primary not required if no more than two candidates for each position. - 12-9-8. Primary not required if no more than two candidates...

Section 12-9-10 - Order of listing candidates on ballot--Arrangement by lot--Right to be present. - 12-9-10. Order of listing candidates on ballot--Arrangement by lot--Right to...

Section 12-9-12 - Preparation of judicial primary ballots--Order of listing candidates. - 12-9-12. Preparation of judicial primary ballots--Order of listing candidates. At...

Section 12-9-13 - Form of judicial ballot prescribed by board. - 12-9-13. Form of judicial ballot prescribed by board. The form...

Section 12-9-14 - Nomination by highest vote--Number of nominees. - 12-9-14. Nomination by highest vote--Number of nominees. The nominees shall...

Section 12-9-15 - Petitions to fill vacancies after primary. - 12-9-15. Petitions to fill vacancies after primary. Whenever after nominations...

Section 12-9-21 - Certain personally identifiable information of judicial officers excluded from public record. - 12-9-21. Certain personally identifiable information of judicial officers excluded from...

Chapter 11 - Special Congressional Elections

Section 12-11-1 - Special election to fill congressional vacancy--Time of election of representative. - 12-11-1. Special election to fill congressional vacancy--Time of election of...

Section 12-11-1.1 - Special election to fill congressional vacancy due to extraordinary circumstances. - 12-11-1.1. Special election to fill congressional vacancy due to extraordinary...

Section 12-11-2 - Filing of election proclamation--Notice to county auditors and political parties--Nominations. - 12-11-2. Filing of election proclamation--Notice to county auditors and political...

Section 12-11-2.1 - Absentee ballots cast by uniformed services or overseas voters in special election to fill congressional vacancy. - 12-11-2.1. Absentee ballots cast by uniformed services or overseas voters...

Section 12-11-3 - Filing of nominations--Certification--Conduct of elections. - 12-11-3. Filing of nominations--Certification--Conduct of elections. Each party nomination and...

Section 12-11-4 - Temporary appointment by Governor to fill vacancy in United States Senate. - 12-11-4. Temporary appointment by Governor to fill vacancy in United...

Section 12-11-5 - Special election to fill senate vacancy. - 12-11-5. Special election to fill senate vacancy. The special election...

Section 12-11-6 - No special election if appointed senator's term expires at normal time. - 12-11-6. No special election if appointed senator's term expires at...

Section 12-11-7 - Vacancy within ninety days of general election--Concurrent elections. - 12-11-7. Vacancy within ninety days of general election--Concurrent elections. If...

Section 12-11-8 - Nominations for specially elected senator--Vacancy near primary election. - 12-11-8. Nominations for specially elected senator--Vacancy near primary election. Nominations...

Chapter 12 - Notice Of Elections

Section 12-12-1 - Notice of offices to be filled--Publication. - 12-12-1. Notice of offices to be filled--Publication. The county auditor...

Section 12-12-5 - Notice of vacancy for an unexpired term--Publication. - 12-12-5. Notice of vacancy for an unexpired term--Publication. If a...

Chapter 13 - Constitutional Amendments And Submitted Questions

Section 12-13-1 - Delivery of proposed questions to county auditors--Attorney general's explanation. - 12-13-1. Delivery of proposed questions to county auditors--Attorney general's explanation....

Section 12-13-1.1 - Requirements for elections beginning in 2018. - 12-13-1.1. Requirements for elections beginning in 2018. The provisions of...

Section 12-13-2 - Measures and questions to be sent to official newspapers. - 12-13-2. Measures and questions to be sent to official newspapers....

Section 12-13-3 - Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish. - 12-13-3. Newspaper publication of submitted questions--Compensation--Suspension of status on failure...

Section 12-13-4 - Lettering and numbering of submitted questions. - 12-13-4. Lettering and numbering of submitted questions. Beginning with the...

Section 12-13-9 - Attorney general's statement regarding constitutional amendment proposed by legislature or referred law. - 12-13-9. Attorney general's statement regarding constitutional amendment proposed by legislature...

Section 12-13-9.1 - Availability of attorney general's explanation of proposed questions. - 12-13-9.1. Availability of attorney general's explanation of proposed questions. The...

Section 12-13-9.2 - Action to challenge adequacy of attorney general's statement--Appeal--Time limits. - 12-13-9.2. Action to challenge adequacy of attorney general's statement--Appeal--Time limits....

Section 12-13-11 - Materials printed on ballot in lieu of full text--Separate ballot. - 12-13-11. Materials printed on ballot in lieu of full text--Separate...

Section 12-13-16 - Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor. - 12-13-16. Publication of false or erroneous information on constitutional amendment...

Section 12-13-23 - Distribution of public information. - 12-13-23. Distribution of public information. The secretary of state shall...

Section 12-13-24 - Style, form, and wording of initiative or initiated amendment. - 12-13-24. Style, form, and wording of initiative or initiated amendment....

Section 12-13-25 - Review and comment--Legislative Research Council--Opinion. - 12-13-25. Review and comment--Legislative Research Council--Opinion. The sponsors of each...

Section 12-13-25.1 - Attorney general's statement--Initiated measure--Initiated amendment. - 12-13-25.1. Attorney general's statement--Initiated measure--Initiated amendment. Following receipt of the...

Section 12-13-25.2 - Exception to time for director's comments. - 12-13-25.2. Exception to time for director's comments. If the director...

Section 12-13-26 - Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable. - 12-13-26. Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable....

Section 12-13-26.1 - Initiated amendment--Written certification by secretary of state--Resubmission. - 12-13-26.1. Initiated amendment--Written certification by secretary of state--Resubmission. Upon receiving...

Section 12-13-26.2 - Action to challenge the secretary of state's decision--Time limits--Promulgation of rules. - 12-13-26.2. Action to challenge the secretary of state's decision--Time limits--Promulgation...

Section 12-13-27 - Special elections for constitutional amendments--Procedural changes--Reimbursement of costs. - 12-13-27. Special elections for constitutional amendments--Procedural changes--Reimbursement of costs. Notwithstanding...

Section 12-13-28 - Employment and compensation of petition circulators. - 12-13-28. Employment and compensation of petition circulators. No person may...

Chapter 14 - Precincts And Polling Places

Section 12-14-1 - Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts. - 12-14-1. Designation of precincts and polling places by county commissioners--Changes--Separate...

Section 12-14-1.1 - Notice to county auditor of boundary change for local election. - 12-14-1.1. Notice to county auditor of boundary change for local...

Section 12-14-2 - Boundaries to be clearly defined in resolution. - 12-14-2. Boundaries to be clearly defined in resolution. The resolution...

Section 12-14-4 - Adjustment in size of precincts--Unreasonable waiting time. - 12-14-4. Adjustment in size of precincts--Unreasonable waiting time. In all...

Section 12-14-9 - Location of polling places. - 12-14-9. Location of polling places. Polling places shall be selected...

Section 12-14-13 - Display of flag at polling places at election. - 12-14-13. Display of flag at polling places at election. The...

Section 12-14-14 - Sign to identify polling place on election day. - 12-14-14. Sign to identify polling place on election day. On...

Section 12-14-15 - Change in precinct boundary or polling place. - 12-14-15. Change in precinct boundary or polling place. No precinct...

Section 12-14-16 - Campaign signs at nonpublicly-owned polling place. - 12-14-16. Campaign signs at nonpublicly-owned polling place. If any nonpublicly-owned...

Section 12-14-17 - Vote centers. - 12-14-17. Vote centers. Notwithstanding any other law, a jurisdiction may...

Chapter 15 - Precinct Election Officials

Section 12-15-1 - Appointment by county auditor of precinct election officials--Names submitted by parties. - 12-15-1. Appointment by county auditor of precinct election officials--Names submitted...

Section 12-15-1.3 - Precinct assistant--Appointment--Duties. - 12-15-1.3. Precinct assistant--Appointment--Duties. In addition to the precinct election board,...

Section 12-15-2 - Precinct superintendent and deputy to be registered voters and residents of precinct--Vacancy on precinct election board. - 12-15-2. Precinct superintendent and deputy to be registered voters and...

Section 12-15-2.1 - Precinct superintendent and precinct deputy prohibited to serve as poll watchers. - 12-15-2.1. Precinct superintendent and precinct deputy prohibited to serve as...

Section 12-15-3 - Distribution of precinct officials among parties--Superintendent from majority party--Eligible appointees when list not provided. - 12-15-3. Distribution of precinct officials among parties--Superintendent from majority party--Eligible...

Section 12-15-7 - Meetings of precinct officials for instruction on laws and duties--Compensation for attendance. - 12-15-7. Meetings of precinct officials for instruction on laws and...

Section 12-15-9 - Oath of precinct officials--Entry in pollbook--Violation of oath as misdemeanor. - 12-15-9. Oath of precinct officials--Entry in pollbook--Violation of oath as...

Section 12-15-10 - Replacement of precinct superintendent or precinct deputy failing to take oath or to serve. - 12-15-10. Replacement of precinct superintendent or precinct deputy failing to...

Section 12-15-11 - Fee paid precinct superintendent and precinct deputy--Mileage for returning pollbooks and ballot boxes. - 12-15-11. Fee paid precinct superintendent and precinct deputy--Mileage for returning...

Section 12-15-13 - Certification of fee of precinct superintendent and precinct deputy--Order for payment from treasury. - 12-15-13. Certification of fee of precinct superintendent and precinct deputy--Order...

Section 12-15-14 - Counting boards in large paper ballot precincts--Duties. - 12-15-14. Counting boards in large paper ballot precincts--Duties. In each...

Section 12-15-14.1 - Counting boards in smaller precincts to avoid unreasonable delay. - 12-15-14.1. Counting boards in smaller precincts to avoid unreasonable delay....

Section 12-15-14.3 - Certain relatives of candidates prohibited from serving on election and counting boards. - 12-15-14.3. Certain relatives of candidates prohibited from serving on election...

Chapter 16 - Ballots And Election Supplies

Section 12-16-1 - Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions. - 12-16-1. Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions. The...

Section 12-16-1.1 - Automatic election of unopposed candidate--Certificate of election. - 12-16-1.1. Automatic election of unopposed candidate--Certificate of election. Any candidate...

Section 12-16-2 - Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems. - 12-16-2. Paper and printing specifications--Columns for parties and independent candidates--Automatic...

Section 12-16-2.1 - Colors for ballots. - 12-16-2.1. Colors for ballots. The State Board of Elections shall,...

Section 12-16-3.1 - Order of party columns. - 12-16-3.1. Order of party columns. If more than one political...

Section 12-16-5 - Order of offices placed on ballot. - 12-16-5. Order of offices placed on ballot. The names of...

Section 12-16-6 - Presidential and vice-presidential candidates listed--Single square to vote for electors. - 12-16-6. Presidential and vice-presidential candidates listed--Single square to vote for...

Section 12-16-7 - Number stated where more than one to be chosen--More than one independent candidate. - 12-16-7. Number stated where more than one to be chosen--More...

Section 12-16-8 - Order of listing candidates for same office in same column. - 12-16-8. Order of listing candidates for same office in same...

Section 12-16-9 - Form for official ballot at general election. - 12-16-9. Form for official ballot at general election. The form...

Section 12-16-10 - Election of two or more candidates to same office--Official ballot. - 12-16-10. Election of two or more candidates to same office--Official...

Section 12-16-10.1 - Candidacy for more than one office prohibited--Exception. - 12-16-10.1. Candidacy for more than one office prohibited--Exception. No person's...

Section 12-16-11 - Separate nonpolitical judiciary ballot. - 12-16-11. Separate nonpolitical judiciary ballot. At each general election when...

Section 12-16-14 - Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order. - 12-16-14. Affidavit for correction of errors in ballot--Circuit court order--Patent...

Section 12-16-15 - Posting of sample ballots. - 12-16-15. Posting of sample ballots. The county auditor shall post...

Section 12-16-16 - Publication of facsimile ballots--Time for publication. - 12-16-16. Publication of facsimile ballots--Time for publication. The county auditor...

Section 12-16-16.1 - Publication of facsimile ballots by counties using same legal newspaper. - 12-16-16.1. Publication of facsimile ballots by counties using same legal...

Section 12-16-16.2 - Publication of facsimile ballots--Compensation of newspapers. - 12-16-16.2. Publication of facsimile ballots--Compensation of newspapers. This section applies...

Section 12-16-17 - Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency. - 12-16-17. Number of official and sample ballots provided to precincts--Reserve...

Section 12-16-18 - Delivery of ballots to precinct superintendents--Packaging and marking--Receipts. - 12-16-18. Delivery of ballots to precinct superintendents--Packaging and marking--Receipts. The...

Section 12-16-19 - Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy. - 12-16-19. Delivery of ballots and supplies at instruction meeting--Sheriff to...

Section 12-16-20 - Delivery of unbroken package to election board--Receipts. - 12-16-20. Delivery of unbroken package to election board--Receipts. The precinct...

Section 12-16-21 - Replacement of ballots lost, stolen, or not delivered--Additional ballots. - 12-16-21. Replacement of ballots lost, stolen, or not delivered--Additional ballots....

Section 12-16-23 - Voting rights notices and instructions. - 12-16-23. Voting rights notices and instructions. The county auditor shall...

Section 12-16-25 - Posting of instruction cards and posters in polling place. - 12-16-25. Posting of instruction cards and posters in polling place....

Section 12-16-26 - Construction of ballot boxes--Openings. - 12-16-26. Construction of ballot boxes--Openings. Ballot boxes shall be so...

Section 12-16-28 - Pollbooks--Voter registration lists. - 12-16-28. Pollbooks--Voter registration lists. The person in charge of an...

Section 12-16-30 - Official stamp for ballots--Delivery of stamp and supplies. - 12-16-30. Official stamp for ballots--Delivery of stamp and supplies. Before...

Section 12-16-32 - Separate tally sheets provided. - 12-16-32. Separate tally sheets provided. A separate tally sheet shall...

Section 12-16-34 - Rules and columns on tally sheets. - 12-16-34. Rules and columns on tally sheets. The tally sheets...

Section 12-16-35 - Listing of candidates and submitted questions on tally sheets. - 12-16-35. Listing of candidates and submitted questions on tally sheets....

Section 12-16-36 - Space for tally marks and vote totals on tally sheets. - 12-16-36. Space for tally marks and vote totals on tally...

Section 12-16-37 - Space for tallying votes on submitted questions. - 12-16-37. Space for tallying votes on submitted questions. There shall...

Section 12-16-38 - Tallying and marking of votes--Entry of total votes. - 12-16-38. Tallying and marking of votes--Entry of total votes. After...

Section 12-16-39 - Tally sheets for candidates and submitted questions. - 12-16-39. Tally sheets for candidates and submitted questions. The tally...

Section 12-16-41 - Tally lists govern over certificate. - 12-16-41. Tally lists govern over certificate. In any case in...

Chapter 17B - Automatic Tabulating Systems

Section 12-17B-1 - Definition of terms. - 12-17B-1. Definition of terms. Terms used in this chapter mean:...

Section 12-17B-2 - Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications. - 12-17B-2. Requirements for automatic tabulating, electronic ballot marking, and election...

Section 12-17B-3 - Authority of governing body to adopt, experiment with or abandon system. - 12-17B-3. Authority of governing body to adopt, experiment with or...

Section 12-17B-4 - Contract by political subdivision with county for use of system. - 12-17B-4. Contract by political subdivision with county for use of...

Section 12-17B-5 - Testing system before election--Public notice. - 12-17B-5. Testing system before election--Public notice. Not more than ten...

Section 12-17B-6 - Sufficient amount of equipment and supplies required. - 12-17B-6. Sufficient amount of equipment and supplies required. The person...

Section 12-17B-6.1 - Electronic ballot marking system required where candidate for federal office on ballot. - 12-17B-6.1. Electronic ballot marking system required where candidate for federal...

Section 12-17B-7 - Voting instructions--Manner of giving instructions. - 12-17B-7. Voting instructions--Manner of giving instructions. Before entering the voting...

Section 12-17B-9 - Transporting sealed ballot box. - 12-17B-9. Transporting sealed ballot box. Upon completion of the voting...

Section 12-17B-10 - Direction of proceedings at counting location--Open to public. - 12-17B-10. Direction of proceedings at counting location--Open to public. All...

Section 12-17B-11 - Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required. - 12-17B-11. Equal party representation amongst persons employed to receive, process...

Section 12-17B-12 - Test of system repeated prior to counting ballots. - 12-17B-12. Test of system repeated prior to counting ballots. The...

Section 12-17B-13 - Procedure for tabulating votes--Results as unofficial returns--Certification by board. - 12-17B-13. Procedure for tabulating votes--Results as unofficial returns--Certification by board....

Section 12-17B-13.1 - Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots. - 12-17B-13.1. Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots....

Section 12-17B-15 - Sealing and storing tabulated ballots and program board. - 12-17B-15. Sealing and storing tabulated ballots and program board. After...

Section 12-17B-16 - Recount procedures. - 12-17B-16. Recount procedures. Automatic tabulating equipment shall be tested prior...

Section 12-17B-17 - Promulgation of rules. - 12-17B-17. Promulgation of rules. The State Board of Elections may...

Chapter 18 - Arrangements And Conduct Of Voting

Section 12-18-1 - Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required. - 12-18-1. Preparation for voting--Booths, electronic ballot marking system, and supplies...

Section 12-18-1.1 - Verification of blank ballots received. - 12-18-1.1. Verification of blank ballots received. Before the opening of...

Section 12-18-1.2 - Specific duties of precinct superintendent. - 12-18-1.2. Specific duties of precinct superintendent. The precinct superintendent shall...

Section 12-18-1.4 - Attendance by election officials during voting and counting. - 12-18-1.4. Attendance by election officials during voting and counting. At...

Section 12-18-1.5 - Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards--Attendance by board members during counting. - 12-18-1.5. Attendance until polls closed by precinct superintendent and precinct...

Section 12-18-3 - Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor. - 12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited...

Section 12-18-3.1 - Simulated elections--Access to polling place--Impartiality required--Notice to county auditor. - 12-18-3.1. Simulated elections--Access to polling place--Impartiality required--Notice to county auditor....

Section 12-18-4 - Examination and sealing of ballot box before opening of polls--Closed until counting of vote. - 12-18-4. Examination and sealing of ballot box before opening of...

Section 12-18-4.1 - Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required. - 12-18-4.1. Preparation for votingBTest ballotsBCustody of key activating system. Before...

Section 12-18-5 - Poll lists maintained by member of precinct election board. - 12-18-5. Poll lists maintained by member of precinct election board....

Section 12-18-6.1 - Voters required to provide identification before voting. - 12-18-6.1. Voters required to provide identification before voting. When the...

Section 12-18-6.2 - Affidavit in lieu of personal identification. - 12-18-6.2. Affidavit in lieu of personal identification. If a voter...

Section 12-18-6.3 - Verification of identity--Provisional ballot if identity not verified. - 12-18-6.3. Verification of identity--Provisional ballot if identity not verified. The...

Section 12-18-7.1 - Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card. - 12-18-7.1. Registered persons entitled to vote--Voting on acknowledgment notice--Verification with...

Section 12-18-7.2 - Voting without acknowledgment notice on verification by auditor--Emergency voting card. - 12-18-7.2. Voting without acknowledgment notice on verification by auditor--Emergency voting...

Section 12-18-7.4 - Affirmation of voter's address. - 12-18-7.4. Affirmation of voter's address. Any person whose name appears...

Section 12-18-8.1 - Number of poll watchers set by state board--Rules. - 12-18-8.1. Number of poll watchers set by state board--Rules. The...

Section 12-18-9 - Observation of voting and counting--Poll watchers' positions and accommodations. - 12-18-9. Observation of voting and counting--Poll watchers' positions and accommodations....

Section 12-18-9.1 - Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor. - 12-18-9.1. Poll watchers and waiting voters not to see into...

Section 12-18-9.2 - Removal of unauthorized material and disobedient persons--Arrest authorized. - 12-18-9.2. Removal of unauthorized material and disobedient persons--Arrest authorized. Each...

Section 12-18-10 - Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list. - 12-18-10. Grounds for challenge of applicant to vote--Determination by judges--Notation...

Section 12-18-12 - Stamping of ballot before delivery to voter. - 12-18-12. Stamping of ballot before delivery to voter. Before delivering...

Section 12-18-13 - Use of unauthorized ballot prohibited. - 12-18-13. Use of unauthorized ballot prohibited. No voter may receive...

Section 12-18-14 - Entry of voting booth or machine by voter. - 12-18-14. Entry of voting booth or machine by voter. On...

Section 12-18-15 - Voting without delay--Maximum time in booth or machine--Reentry prohibited. - 12-18-15. Voting without delay--Maximum time in booth or machine--Reentry prohibited....

Section 12-18-16 - Marking of paper ballot--Form of mark. - 12-18-16. Marking of paper ballot--Form of mark. If a paper...

Section 12-18-16.1 - Marking of optical scan ballot. - 12-18-16.1. Marking of optical scan ballot. If an optical scan...

Section 12-18-23 - Return to member of precinct election board of unmarked ballot. - 12-18-23. Return to member of precinct election board of unmarked...

Section 12-18-24 - Replacement of spoiled ballots--Marking and preservation. - 12-18-24. Replacement of spoiled ballots--Marking and preservation. If any voter...

Section 12-18-25 - Assistance of disabled or illiterate voter by person of his choice. - 12-18-25. Assistance of disabled or illiterate voter by person of...

Section 12-18-27 - Marked ballot not to be publicized--Immediate deposit in ballot box. - 12-18-27. Marked ballot not to be publicized--Immediate deposit in ballot...

Section 12-18-28 - Deposit of folded ballot in ballot box. - 12-18-28. Deposit of folded ballot in ballot box. When a...

Section 12-18-32 - Packaging and return of unused ballots--Record accounting for ballots. - 12-18-32. Packaging and return of unused ballots--Record accounting for ballots....

Section 12-18-33 - Comparison of ballot accounting with record of number sent to precinct--Notice and correction of discrepancies. - 12-18-33. Comparison of ballot accounting with record of number sent...

Section 12-18-39 - Provisional ballot--Eligibility. - 12-18-39. Provisional ballot--Eligibility. If any person is not authorized to...

Section 12-18-40 - Use of provisional ballot. - 12-18-40. Use of provisional ballot. Before giving a person a...

Chapter 19 - Absentee Voting

Section 12-19-1 - Absentee ballot--Persons entitled to vote. - 12-19-1. Absentee ballot--Persons entitled to vote. A registered voter who...

Section 12-19-1.1 - Affirmation of address by voter in inactive registration file. - 12-19-1.1. Affirmation of address by voter in inactive registration file....

Section 12-19-1.2 - Time for absentee voting. - 12-19-1.2. Time for absentee voting. Absentee voting shall begin neither...

Section 12-19-2 - Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery. - 12-19-2. Application for absentee ballot--Contents--Address to which ballot sent--Stamping date...

Section 12-19-2.1 - Application in person or by authorized messenger--Delivery of ballot to messenger or by mail. - 12-19-2.1. Application in person or by authorized messenger--Delivery of ballot...

Section 12-19-2.2 - Authorized messenger for more than one voter. - 12-19-2.2. Authorized messenger for more than one voter. If a...

Section 12-19-2.3 - Uniformed and Overseas Citizens Absentee Voting Act--Application or request for absentee ballot. - 12-19-2.3. Uniformed and Overseas Citizens Absentee Voting Act--Application or request...

Section 12-19-2.4 - Multiple applications or requests for ballots and multiple ballots--Application. - 12-19-2.4. Multiple applications or requests for ballots and multiple ballots--Application....

Section 12-19-2.5 - Form of application for absentee ballot and combined application/return envelope. - 12-19-2.5. Form of application for absentee ballot and combined application/return...

Section 12-19-2.6 - Preference and selection of ballot style for independent in primary election. - 12-19-2.6. Preference and selection of ballot style for independent in...

Section 12-19-3 - Forwarding of ballot to voter--Instructions and return envelope. - 12-19-3. Forwarding of ballot to voter--Instructions and return envelope. Upon...

Section 12-19-4 - Voter's statement on return envelope--Federal service voting forms. - 12-19-4. Voter's statement on return envelope--Federal service voting forms. The...

Section 12-19-5 - Mailing of ballot and enclosures to voter--Free air mail for federal service voters. - 12-19-5. Mailing of ballot and enclosures to voter--Free air mail...

Section 12-19-7 - Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot. - 12-19-7. Marking and folding ballot--Officer before whom marked--Mailing or delivering...

Section 12-19-7.1 - Candidates and election officials not to serve as authorized messenger. - 12-19-7.1. Candidates and election officials not to serve as authorized...

Section 12-19-7.2 - Display of campaign material by messenger as misdemeanor. - 12-19-7.2. Display of campaign material by messenger as misdemeanor. No...

Section 12-19-9 - Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt. - 12-19-9. Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt....

Section 12-19-9.1 - Nursing facility, assisted living center, or hospital having multiple absentee ballot requests. - 12-19-9.1. Nursing facility, assisted living center, or hospital having multiple...

Section 12-19-9.2 - Marking and return of ballot on death of voter before opening of polls. - 12-19-9.2. Marking and return of ballot on death of voter...

Section 12-19-10 - Preservation and delivery of ballot to precinct superintendent--Comparison of statement and application--Deposit in ballot box--Unopened ballots--Unauthorized examination as misdemeanor. - 12-19-10. Preservation and delivery of ballot to precinct superintendent--Comparison of...

Section 12-19-10.1 - County auditor validation of absentee ballot signatures. - 12-19-10.1. County auditor validation of absentee ballot signatures. If a...

Section 12-19-11 - Preservation and return of application and return envelope. - 12-19-11. Preservation and return of application and return envelope. The...

Section 12-19-12 - Delivery of absentee ballot to polling place after close of polls. - 12-19-12. Delivery of absentee ballot to polling place after close...

Section 12-19-14 - Unlawful disposition of ballot or ballot link as misdemeanor. - 12-19-14. Unlawful disposition of ballot or ballot link as misdemeanor....

Section 12-19-32 - Ballot not invalidated by federal censorship. - 12-19-32. Ballot not invalidated by federal censorship. The exercise of...

Section 12-19-33 - Failure to deliver or tampering with ballot as felony. - 12-19-33. Failure to deliver or tampering with ballot as felony....

Section 12-19-34 - Informalities do not invalidate election--Liberal construction. - 12-19-34. Informalities do not invalidate election--Liberal construction. No mere informality...

Section 12-19-37 - Absentee ballot precincts--Creation--Absentee ballot counting board. - 12-19-37. Absentee ballot precincts--Creation--Absentee ballot counting board. Any county may...

Section 12-19-38 - Appointment of absentee ballot counting board--Number of members. - 12-19-38. Appointment of absentee ballot counting board--Number of members. The...

Section 12-19-39 - Oath of board members--Compensation. - 12-19-39. Oath of board members--Compensation. Each election official of the...

Section 12-19-41 - Powers and duties of absentee ballot counting board. - 12-19-41. Powers and duties of absentee ballot counting board. Except...

Section 12-19-42 - Envelope containing voted ballots kept closed--Delivery to county board. - 12-19-42. Envelope containing voted ballots kept closed--Delivery to county board....

Section 12-19-43 - Review--Sorting--Processing--Absentee Ballots. - 12-19-43. Review--Sorting--Processing--Absentee Ballots. The county auditor shall direct the board...

Section 12-19-44 - Counting process open. - 12-19-44. Counting process open. The room occupied by the absentee...

Section 12-19-45 - Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers. - 12-19-45. Record of applicants' names, addresses, and voting precincts--Delivery to...

Section 12-19-46 - Commencement of count when polls close--Place. - 12-19-46. Commencement of count when polls close--Place. The Absentee Ballot...

Section 12-19-47 - Processing of absentee ballots. - 12-19-47. Processing of absentee ballots. The absentee ballot counting board,...

Section 12-19-48 - Delivery of absentee ballot after polls are closed. - 12-19-48. Delivery of absentee ballot after polls are closed. If...

Section 12-19-49 - Death of absentee voter prior to opening of polls--Ballot returned to person in charge--Election not invalidated by casting of ballot. - 12-19-49. Death of absentee voter prior to opening of polls--Ballot...

Section 12-19-50 - Forms for recording tally--Special pollbook--Tally added to home precinct totals. - 12-19-50. Forms for recording tally--Special pollbook--Tally added to home precinct...

Section 12-19-52 - Electronic voting systems. - 12-19-52. Electronic voting systems. In those counties which have adopted...

Section 12-19-53 - Contracting for services of county auditor from another county. - 12-19-53. Contracting for services of county auditor from another county....

Section 12-19-54 - Payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor. - 12-19-54. Payment for assisting voters based on number of voters...

Section 12-19-55 - Receipt of payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor. - 12-19-55. Receipt of payment for assisting voters based on number...

Chapter 20 - Return And Canvass Of Votes

Section 12-20-1 - Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty. - 12-20-1. Delivery of supplies to counting board--Certificate of transmittal and...

Section 12-20-2 - Opening of ballot box--Sorting and counting of unopened ballots--Ballots folded together. - 12-20-2. Opening of ballot box--Sorting and counting of unopened ballots--Ballots...

Section 12-20-2.1 - Return of provisional ballot envelopes and unopened absentee ballots. - 12-20-2.1. Return of provisional ballot envelopes and unopened absentee ballots....

Section 12-20-3 - Drawing of excess ballots. - 12-20-3. Drawing of excess ballots. Following the comparison of the...

Section 12-20-5 - Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots. - 12-20-5. Count of votes for candidates--Scrutiny of ballots by precinct...

Section 12-20-5.1 - Determination of validity of provisional ballots. - 12-20-5.1. Determination of validity of provisional ballots. Prior to the...

Section 12-20-6 - Unstamped ballots not counted. - 12-20-6. Unstamped ballots not counted. In the counting of the...

Section 12-20-7 - Ballot not counted when voter's choice indeterminable--Promulgation of rules defining standards. - 12-20-7. Ballot not counted when voter's choice indeterminable--Promulgation of rules...

Section 12-20-8 - Precinct superintendent and precinct deputies to record intention of voter. - 12-20-8. Precinct superintendent and precinct deputies to record intention of...

Section 12-20-10 - Blank list for unofficial return of precinct vote for candidates and submitted questions--Return envelope. - 12-20-10. Blank list for unofficial return of precinct vote for...

Section 12-20-11 - Entry of precinct vote on unofficial return list--Return with election returns. - 12-20-11. Entry of precinct vote on unofficial return list--Return with...

Section 12-20-13 - Tabulation and public release of unofficial returns--Entry into central election reporting system. - 12-20-13. Tabulation and public release of unofficial returns--Entry into central...

Section 12-20-13.1 - Means of counting provisional ballots--Appointment of officials. - 12-20-13.1. Means of counting provisional ballots--Appointment of officials. The person...

Section 12-20-13.2 - Counting provisional ballots--Certification. - 12-20-13.2. Counting provisional ballots--Certification. The provisional ballot counting board or...

Section 12-20-13.3 - Counting provisional ballots--Alternate time. - 12-20-13.3. Counting provisional ballots--Alternate time. The person in charge of...

Section 12-20-13.4 - Counting provisional ballots--Notice. - 12-20-13.4. Counting provisional ballots--Notice. Within ten days after the official...

Section 12-20-15 - State messenger to secure delinquent returns--Expenses deducted from county auditor's salary. - 12-20-15. State messenger to secure delinquent returns--Expenses deducted from county...

Section 12-20-17 - Returns not disclosed until all polls in state closed. - 12-20-17. Returns not disclosed until all polls in state closed....

Section 12-20-18 - Entry of candidates' votes in precinct pollbooks. - 12-20-18. Entry of candidates' votes in precinct pollbooks. After the...

Section 12-20-20 - Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor. - 12-20-20. Sealing of ballot boxes after deposit of counted ballots--Violation...

Section 12-20-21 - Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony. - 12-20-21. Return of ballot boxes, returns, records and supplies to...

Section 12-20-21.1 - Circumstances requiring report of official returns by telephone. - 12-20-21.1. Circumstances requiring report of official returns by telephone. Notwithstanding...

Section 12-20-21.2 - Write-in votes not to be counted--Other votes on ballot. - 12-20-21.2. Write-in votes not to be counted--Other votes on ballot....

Section 12-20-31 - Destruction of ballots and pollbooks--Period for which held--Pending recount or contest. - 12-20-31. Destruction of ballots and pollbooks--Period for which held--Pending recount...

Section 12-20-32 - Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as felony. - 12-20-32. Preservation of ballot boxes and pollbooks--Delivery of pollbooks to...

Section 12-20-35 - Returns not refused for irregularity--Certificate issued to candidate with most votes. - 12-20-35. Returns not refused for irregularity--Certificate issued to candidate with...

Section 12-20-36 - Time for canvass of vote--Governing board as canvassing board--Representatives for absent board members. - 12-20-36. Time for canvass of vote--Governing board as canvassing board--Representatives...

Section 12-20-37 - Secretary of state to provide guidance and direction in making returns. - 12-20-37. Secretary of state to provide guidance and direction in...

Section 12-20-38 - Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit. - 12-20-38. Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit....

Section 12-20-38.1 - Certified copy of official county canvass furnished to secretary of state--Permanent record. - 12-20-38.1. Certified copy of official county canvass furnished to secretary...

Section 12-20-39 - Election by plurality. - 12-20-39. Election by plurality. Except when otherwise specially provided in...

Section 12-20-40 - Certificate of election delivered by county auditor to persons elected to local office. - 12-20-40. Certificate of election delivered by county auditor to persons...

Section 12-20-46 - Composition of State Canvassing Board--Candidate disqualified from participation. - 12-20-46. Composition of State Canvassing Board--Candidate disqualified from participation. The...

Section 12-20-47 - Time of convening of state canvassers--Adjournment to obtain late returns. - 12-20-47. Time of convening of state canvassers--Adjournment to obtain late...

Section 12-20-48 - Abstract by state canvassers of county returns--Signature and seal--Recording and filing of abstracts. - 12-20-48. Abstract by state canvassers of county returns--Signature and seal--Recording...

Section 12-20-48.1 - National convention slates and votes--Certification. - 12-20-48.1. National convention slates and votes--Certification. Upon the completion of...

Section 12-20-49 - Certificate of election issued for federal, state or legislative office. - 12-20-49. Certificate of election issued for federal, state or legislative...

Section 12-20-51 - Disputes decided by majority of state canvassers--Irregularities disregarded. - 12-20-51. Disputes decided by majority of state canvassers--Irregularities disregarded. A...

Section 12-20-52 - Rules and regulations for counting and canvass of vote. - 12-20-52. Rules and regulations for counting and canvass of vote....

Chapter 21 - Recounts

Section 12-21-1 - Purpose of chapter--Liberal construction. - 12-21-1. Purpose of chapter--Liberal construction. The intent of the provisions...

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

Section 12-21-3 - Notice of appointment and time and place of recount--Notice to candidates. - 12-21-3. Notice of appointment and time and place of recount--Notice...

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....

Section 12-21-4.1 - Mileage allowance for recount board members. - 12-21-4.1. Mileage allowance for recount board members. The members of...

Section 12-21-6 - Application of chapter. - 12-21-6. Application of chapter. Except in school and municipal elections...

Section 12-21-6.1 - Code of regulations to govern recounts. - 12-21-6.1. Code of regulations to govern recounts. The State Board...

Section 12-21-7 - Conditions under which recount made. - 12-21-7. Conditions under which recount made. Such recount shall be...

Section 12-21-8 - Precinct recount on petition by voters of precinct. - 12-21-8. Precinct recount on petition by voters of precinct. When...

Section 12-21-9 - Extended time for filing additional precinct recount petitions. - 12-21-9. Extended time for filing additional precinct recount petitions. When...

Section 12-21-10 - Complete recount on candidate's petition in close local election. - 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. - 12-21-11. Complete recount on candidate's petition in close election in...

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

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

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

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

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

Section 12-21-16 - Tie vote certified by canvassing board--Automatic recount. - 12-21-16. Tie vote certified by canvassing board--Automatic recount. Whenever by...

Section 12-21-18 - Chapter not applicable where runoff election required. - 12-21-18. Chapter not applicable where runoff election required. The provisions...

Section 12-21-19 - Joint petition by defeated candidates. - 12-21-19. Joint petition by defeated candidates. In any case where...

Section 12-21-20 - Notice to circuit judge of recount petition--Appointment and convening of recount board. - 12-21-20. Notice to circuit judge of recount petition--Appointment and convening...

Section 12-21-20.1 - Appointment of additional recount board. - 12-21-20.1. Appointment of additional recount board. If the presiding circuit...

Section 12-21-21 - Adjournment by board to another place. - 12-21-21. Adjournment by board to another place. Any county recount...

Section 12-21-22 - Adjournment to permit combining separate recounts of same ballots. - 12-21-22. Adjournment to permit combining separate recounts of same ballots....

Section 12-21-23 - Majority vote of county recount board--Quorum. - 12-21-23. Majority vote of county recount board--Quorum. All questions arising...

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

Section 12-21-25 - Recount to proceed expeditiously. - 12-21-25. Recount to proceed expeditiously. The recount shall proceed as...

Section 12-21-26 - Candidates' right to witness recount--Witnesses to recount on submitted question. - 12-21-26. Candidates' right to witness recount--Witnesses to recount on submitted...

Section 12-21-27 - Segregation and identification of disputed ballots. - 12-21-27. Segregation and identification of disputed ballots. If any such...

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

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

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

Section 12-21-31 - Return and resealing of undisputed ballots--Certification of disputed ballots. - 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. - 12-21-32. Certification of recount result--Contents and execution--Transmittal to secretary of...

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

Section 12-21-34 - Filing and preservation of certificates. - 12-21-34. Filing and preservation of certificates. The certificate as to...

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

Section 12-21-36 - Recanvass and corrected abstract of votes in local election. - 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. - 12-21-37. New certificate of election or nomination to local office...

Section 12-21-39 - Reconvening of state canvassers after recount--Recanvass and corrected abstract. - 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. - 12-21-40. New certificate of election or nomination on change of...

Section 12-21-43 - Tie vote after recount determined by lot--Issuance of certificate. - 12-21-43. Tie vote after recount determined by lot--Issuance of certificate....

Section 12-21-44 - Second recount prohibited--Exception. - 12-21-44. Second recount prohibited--Exception. Whenever the ballots cast in any...

Section 12-21-45 - Court order for second recount--Grounds--Time of filing petition. - 12-21-45. Court order for second recount--Grounds--Time of filing petition. At...

Section 12-21-46 - Court removal and replacement of recount board member not acting in good faith. - 12-21-46. Court removal and replacement of recount board member not...

Section 12-21-47 - Persons entitled to certiorari for review of recount--Time of filing of petition. - 12-21-47. Persons entitled to certiorari for review of recount--Time of...

Section 12-21-48 - Original jurisdiction of certiorari proceedings. - 12-21-48. Original jurisdiction of certiorari proceedings. Original jurisdiction of such...

Section 12-21-49 - Form and contents of petition for certiorari. - 12-21-49. Form and contents of petition for certiorari. The petition...

Section 12-21-50 - Issuance of writ of certiorari--Officials to whom addressed--Contents. - 12-21-50. Issuance of writ of certiorari--Officials to whom addressed--Contents. If...

Section 12-21-51 - Service of writ of certiorari--Persons on whom served. - 12-21-51. Service of writ of certiorari--Persons on whom served. Such...

Section 12-21-52 - Intervention in certiorari involving submitted question. - 12-21-52. Intervention in certiorari involving submitted question. In any such...

Section 12-21-53 - Answer to petition for certiorari--Joint or several answer. - 12-21-53. Answer to petition for certiorari--Joint or several answer. On...

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

Section 12-21-55 - Insufficient certification--Further certification required. - 12-21-55. Insufficient certification--Further certification required. When any certification is insufficient...

Section 12-21-56 - Hearing on certiorari--Conference to narrow issues. - 12-21-56. Hearing on certiorari--Conference to narrow issues. Upon the returns...

Section 12-21-57 - Scope of review on certiorari--Correction of errors. - 12-21-57. Scope of review on certiorari--Correction of errors. In such...

Section 12-21-58 - Procedure as in other cases of certiorari. - 12-21-58. Procedure as in other cases of certiorari. Except as...

Section 12-21-59 - Judgment on certiorari. - 12-21-59. Judgment on certiorari. The judgment rendered by the court...

Section 12-21-60 - Right of appeal to Supreme Court from judgment on certiorari. - 12-21-60. Right of appeal to Supreme Court from judgment on...

Section 12-21-61 - Procedure on appeal to Supreme Court--Provisions to secure speedy determination. - 12-21-61. Procedure on appeal to Supreme Court--Provisions to secure speedy...

Chapter 22 - Contests

Section 12-22-1 - "Contest" defined. - 12-22-1."Contest" defined. "Contest," as used in §§12-22-1 to 12-22-28, inclusive,...

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

Section 12-22-3 - Right to institute contest on submitted question--Judge's permission required. - 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. - 12-22-4. Electoral candidates' and party chairman's right to institute contest...

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South Dakota Codified Laws Title 12 - Elections

South Dakota Codified Laws
Title 12 - Elections