S.D. Admin. R. 62:01:05:12

Current through Register Vol. 51, page 67, December 16, 2024

Section 62:01:05:12 - Counting of ballots - Void ballots

All ballots shall be counted no later than the final business day in May. For each vacancy to be filled, the candidate receiving the highest number of votes is elected.

Any ballot from which it is impossible to determine the voter's choice is void and may not be counted. However, if the voter's mark on a ballot is sufficiently plain to determine the voter's intention, the vote shall be counted. This section shall be construed liberally to assure that each vote is counted. Any void ballot shall be maintained separately from the other ballots.

3 SDR 13, effective 8/25/1976; transferred from § 47:07:05:12, effective 7/1/1979; 6 SDR 87, effective 3/2/1980; 9 SDR 81, 9 SDR 124, effective 7/1/1983; 20 SDR 109, effective 1/19/1994; 31 SDR 191, effective 5/22/2005; 32 SDR 203, effective 6/5/2006; 36 SDR 21, effective 8/17/2009; 43 SDR 57, effective 10/17/2016; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-211.

Law Implemented: SDCL 3-12C-204.