P - Present
E - Excused
A - Absent
Roll Call
E Feickert
E Kloucek
E Schrempp
E Magstadt
P Munsterman
E Nelson (Stace)
P Olson (Betty)
P Rausch
P Tornow
P Tulson
P Venner
E Cronin, Vice-Chair
P Kirkeby, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Kirkeby.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 16, 2012
Moved by: Tulson
Second by: Munsterman
Action: Prevailed by voice vote.
SB 22: revise certain provisions regarding the vacation or the change of location of
county and township highways on school and public lands.
Presented by: Jarrod Johnson, Office of School and Public Lands
Proponents: Dick Howard, SD Association of Towns and Townships
" Section 6. That § 12-21-10 be amended to read as follows:
12-21-10. A candidate for any office, position, or nomination which is voted upon only by the
voters of one county or part thereof may ask for a recount of the official returns if such candidate is
defeated, according to the official returns, by a margin not exceeding two percent of the total vote
cast for all candidates for such office, position, or nomination. If the margin is within the two percent
but exceeds a vote differential of more than forty votes, the candidate requesting the recount shall
file a personal cash bond of five hundred dollars with the county auditor. The bond amount may only
be returned to the candidate if the requested recount changes the final winner of the election. If the
recount fails to change the winner of the election when a bond has been filed, the county auditor shall
apply the bond toward the expense of conducting the recount. However, if the bond exceeds the
expense of the recount as documented by the county auditor, the county auditor shall return any
funds remaining from the bond to the candidate who filed the bond. Any candidate for nonlegislative
office shall file a verified petition with the county auditor within three days after the election returns
have been canvassed by the official county canvass. Any candidate for legislative office shall file a
verified petition with the county auditor within three days after the election returns have been
canvassed by the official state canvass. The petition shall state that the candidate, after being first
sworn on such candidate's oath, believes a recount will change the result of the election and that all
of the votes cast for the office, position, or nomination should be recounted. A If the petition, and
if required, the personal cash bond, is filed with the county auditor as required by this section, then
a recount shall then be conducted. ".
" Section 6. That § 12-21-10 be amended to read as follows:
12-21-10. A candidate for any office, position, or nomination which is voted upon only by the
voters of one county or part thereof may ask for a recount of the official returns if such candidate is
defeated, according to the official returns, by a margin not exceeding two percent of the total vote
cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative
office shall file a verified petition with the county auditor within three days after the election returns
have been canvassed by the official county canvass. Any candidate for legislative office shall file a
verified petition with the county auditor within three days after the election returns have been
canvassed by the official state canvass. The petition shall state that the candidate, after being first
sworn on such candidate's oath, believes a recount will change the result of the election and that all
of the votes cast for the office, position, or nomination should be recounted. A recount shall then be
conducted. ".
Joshua Klumb