CHAPTER 73

(HB 1009)

Ballot marks and recount procedure revised.

         ENTITLED, An Act  redefine what marks are prohibited on a ballot and to require the county auditor to provide certain directions in conducting a recount.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 12-18-22 be repealed.

     Section  2.  That chapter 12-18 be amended by adding thereto a NEW SECTION to read as follows:

     If a name is written on a ballot in an attempt to cast a write-in-vote, the vote cast for that particular office may not be counted. However, any vote cast for any other office may be counted.

     Section  3.  That § 12-21-20 be amended to read as follows:

     12-21-20.   The county auditor, immediately on the due filing with him of any petition for a recount or upon receipt from the secretary of state of notice of such filing with the secretary of state, shall notify in writing, with the seal of his the auditor's office, the presiding judge of the circuit court for his the auditor's county. The presiding judge shall appoint a board, as is provided by pursuant to §   12-21-2, for each county in his the circuit in which a recount is to be conducted. The presiding judge may appoint the board provided by §   12-21-2 anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. The board shall then convene in the office of the county auditor on the second Monday , at ten o'clock in the morning at ten a.m. following the filing of such the petition , unless that day . However, if the second Monday is a legal holiday, in which case the board shall convene at ten o'clock in the morning a.m. of the day following , and . The county auditor shall provide the recount board with laws, rules, and forms to use in conducting the recount. The board shall then proceed with the recount.

     Signed February 11, 2000.

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