Audit Laws Details

This search field shows those states that have in place laws regarding not just recounts but also post-election audits. While only two states (Hawaii and Mississippi) lack recount laws, many more states lack laws regarding post-election audits.

Candidate-Initiated Options

This search field describes a number of notable characteristics that shape the candidate-initiated recount process differently in each state. These include both limitations that a state may set (some states allow candidates to request a recount only if there is a particular close vote margin, or only if they are running for a particular office) and privileges that a state may grant (such as allowing party officials to request a recount if the candidate does not).

Challengers and Observers

 This search field describes the different ways in which states provide guidance for the public to participate as observers and challengers in the recount process. See the individual search terms for further clarifications.

Close Vote Margin

Generally, a “close vote margin” is when the margin of votes between two candidates or two answers on a ballot question is quite small, or close. What constitutes “close” varies by state, as does the actual method for calculating this margin; please see the Close Vote Margin section on each state profile for details both on the specific margin set and the method used to calculate the margin. We use the term in several places in the recount database:

  1. The Close Vote Margin search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or answers on a ballot measure is small enough to warrant a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). Please note that the percentage options indicate the highest vote margin that will initiate a recount in a given state. See “Less than or equal to X%” for more details.
  2. Close vote margin as a search term for the Initiating Mechanisms search field is used to describe any state that has laws requiring that a recount take place if the difference in votes received by competing candidates or answers on a measure is small enough that it falls within a pre-established margin. (The actual language used by states to describe this type of recount varies greatly, but they are often referred to as “automatic” or “mandatory” recounts.)

Recounts initiated by a close vote margin differ from those recounts that are described as a candidate - or voter-initiated with a close vote margin required. For the latter, a voter or candidate must take action in order for a recount to begin, though the law limits their ability to request a recount to those times when there is a close vote margin. For the former, election officials are legally bound to begin recount proceedings regardless of the actions of candidates or voters. The term is also used more generally throughout the recount guide any time a small vote margin somehow comes into play for a recount (for instance, a state may require that a different counting method be used if the election results fall within a specified close vote margin). It is important to note that different methods are used from state to state to calculate the vote margin. Please see the Close Vote Margin section of each state profile for details.

Close Vote Margin Options

This search field captures the different requirements used by states to determine if the difference in votes received by competing candidates or by opposing positions on a ballot measure is small enough to automatically initiate a recount. The search options include both percentages (in which the vote margin between candidates is divided by a given number of votes, such as the total votes cast for an office) as well as vote count differences (in which a set number of votes, rather than a percentage, is given as the requirement). See "Less than or equal to X%" below for more details.

Cost for Candidate-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Cost for Voter-Initiated Recounts

These search fields describe the various means by which states obtain funds to pay for a recount initiated by a candidate or voter(s). This search field exists only for candidate- and voter-initiated recounts, as these are the only initiating mechanisms for which states charge the cost to a private individual, rather than paying the cost from local or state public funds. See the individual search terms for further clarifications.

Counting Method

This search field describes the methods by which votes are recounted. This category exists separately from Voting System Used, for while two states may both use paper ballots, one may hand count all ballots while another may feed all ballots into an automatic tabulator. Unless otherwise noted, the counting method applies to votes cast on the primary and accessible voting equipment and not to how absentee and provisional ballots are counted. See the individual search terms for further clarifications. Counting method chosen by election official – This search term, for the Counting Method search field, indicates that state law allows election officials discretion when performing a recount as to the counting method to be used. The election official responsible for choosing the counting method varies by state.

Initiating Mechanism

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

Initiating Mechanisms

This search field describes both persons (candidates, voters, election officials, courts) and circumstances (close vote margins, or audit results mandating a recount) that may trigger a recount to occur after the initial counting of votes. See the individual search terms for further clarifications.

Rules for Determining Voter Intent

This search field captures whether state law (including administrative rules and codes in addition to state statutes) provides any guidance and who has the authority to establish definitions of voter intent. While some states provide definitions and guidance for how voter intent is determined in statute, others use the statutes to delegate authority to an office such as the Secretary of State or State Election Board; other states neither delegate authority nor provide guidance (whether general or detailed) as to how voter intent should be determined. See the individual search terms for further clarifications.

Voter-Initiated Options

This search field describes the characteristics that shape the voter-initiated recount process in each state. These include both limitations a state may set (some states allow voters to request a recount only if there is a particular close vote margin) and privileges a state may grant (such as allowing voters to request recounts for offices as well as ballot measures). See the individual search terms for further clarifications.

Voting System Used

 This search field describes the various methods and equipment used by voters to cast their votes in each state. This category focuses only on the primary and accessible voting equipment used, and does not include any variations that may exist for absentee or provisional ballots. For most states, absentee ballots are hand-counted paper ballots only. See the individual search terms for further clarifications.

This information was updated 6/1/2020. 

Voting System Used

Paper ballot (hand marked paper ballots, ballot marking devices for accessibility)

For more details, visit Verified Voting.

Counting Method

Mix of hand count and retabulation

The recount board will review ballots for proper marking procedures and will count the ballots by retabulation. Ballots that are not able to be accurately counted by the automatic tabulating equipment will be reviewed for voter intent and if possible be hand counted or duplicated for tabulation. A hand count may be conducted to verify the accuracy of the count by the automatic tabulating equipment. See the Administrative Rules of South Dakota (ARSD) 5:02:09:05 and The South Dakota Codified Laws (SDCL) 12-17B-16.

“The rules in chapters 5:02:09 and 5:02:16 regarding the counting of ballots also apply to recounts.”  ARSD 5:02:19:04.

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Vote count difference (for municipal candidate recounts only)
Varies by election contest
Initiated by request  
Initiated automatically (tie votes are automatic)

South Dakota requires an automatic close-vote-margin recount in the case of a tie vote. This provision applies to all offices for all elections, with the exception of school and township elections. SDCL 12-21-16.

Timing: SDCL 12-21-16, 12-21-20 and 12-21-25.

Note that candidates and voters are also entitled to other taxpayer-funded, close-vote margin recounts; however, they must first file a petition these recounts.  See the details on these recounts below.  

Candidate-Initiated Options

Close vote margin required
Party official may petition for candidate

South Dakota has several different types of candidate-initiated recounts, and they all require a close-vote margin as well as a petition. The close-vote margins, deadlines, and other details vary by the type of office being recounted.  For all offices, a recount may be requested for both primary and general elections. 

Note that the provisions of SDCL Chapter 12-21 do not apply to elections for which a runoff election is required. SCDL 12-21-18.

Candidate Recounts in a Statewide Election.   These recounts require a petition from a losing candidate and are for state or district races voted on in more than one county. They do not apply to legislative races.  In races where voters were able to select only one candidate, the vote margin must not exceed one-fourth of one percent of the total votes cast for all candidatesSDCL12-21-12 and the Recount Manual (pp.2-5).  Timing: SDCL 12-21-12, 12-21-20 and 12-21-25.

Recount in Close Presidential Elections.  These recounts apply whenever it appears that one group of candidates for presidential electors has been elected over another group of such candidates by a margin not exceeding one-fourth of one percent of the total of votes cast for both such groups. They require a petition from the chairman of the state central committee of the political party which nominated either of such groups, or any two or more candidates of either such group.  SDCL 12-21-15Timing: SDCL 12-21-15, 12-21-20, 12-21-22 and 12-21-25.

Candidate Recounts in a Legislative District.  These recounts require a petition from a losing candidate and are for the offices of State Senator or State Representative.  For races where voters were able to select only one candidate, the vote margin must not exceed two percent of total votes cast for all candidates. SDCL 12-21-10, 12-21-11 and the Recount Manual (pp. 6-8). Timing: SDCL 12-21-11, 12-21-10, 12-21-20 and 12-21-25.

Candidate Recounts in Local Elections.  These recounts are used for a specific race that was voted on in one county or part of a county, excluding legislative races. For races where voters were able to select only one candidate, the vote margin must not exceed two percent of the total votes cast for all candidates. SDCL 12-21-10 and Recount Manual (pp. 12-14).  Timing: SDCL 12-21-10, 12-21-20 and 12-21-25.

Municipal Candidate Recounts.  These recounts require a petition from a tied or losing candidate for a municipal race. They require a tied election, a close-vote margin of five votes or less, or a margin not exceeding two percent of the total votes cast for all candidates. SDCL 9-13-27.2, 9-13-27.3, and Municipal and School Recount Manual.  Timing: SDCL 9-13-27.2, 9-13-27.3.

School Board Candidate Recounts. These recounts require a petition from a tied or losing candidate for a school board race.  They require a close-vote margin not exceeding two percent of the total votes cast for all candidates. SDCL 13-7-19.1, 13-7-19.2 and Municipal and School Recount Manual.  Timing: SDCL 13-7-19.1 and 13-7-19.2.

Voter-Initiated Options

Close vote margin required
Voters determine how many/which precincts to recount
Voters may request recounts for offices
Voters may request recounts for initiatives/questions

Voter-initiated recounts all require a close-vote margin or a tie vote, as well as a petition. The close-vote margins, deadlines, and other details vary by the type of ballot question being recounted.

Recount on a Statewide Ballot Question. These recounts are available for statewide ballot questions, and require a minimum of one thousand voter signatures representing five counties. The vote margin must not exceed one fourth of one percent of total votes cast for that question.  SDCL 12-21-14, ARSD 5:02:19:07, and the Recount Manual (pp. 9-14).  Timing: SDCL 12-21-14, 12-21-20 and 12-21-25.

Precinct Recount.  These recounts must be for specific candidates or ballot questions and must be for a specific precinct. For ballot questions and in races where voters were able to select only one candidate, the vote margin must not exceed two percent of total votes cast for all candidates in that race or for that ballot question. For each precinct requested, three registered voters from that precinct must sign the petition for the recount. SDCL 12-21-8, ARSD 5:02:19:06, and the Recount Manual (15-17).  Timing: SDCL 12-21-8, 12-21-9, 12-21-20 and 12-21-25.

Municipal Ballot Question Recount.  These recounts require a petition from three registered voters of the municipality. The vote margin must not exceed two percent of total votes cast for the municipal ballot question. SDCL 9-13-27.4, ARSD 5:02:19:10 and the Municipal and School Recount Manual.  Timing: SDCL 9-13-27.4

School Ballot Question Recount.  These recounts require a petition from three registered voters of the school district. The vote margin must not exceed two percent of total votes cast for the school ballot question. SDCL 13-7-19.1, 13-7-19.3, ARSD 5:02:19:10 and the Municipal and School Recount Manual.  Timing: SDCL 13-7-19.1 and 13-7-19.3.

Cost for Candidate-Initiated Recounts

Paid entirely by state or county

South Dakota does not specify in law or rule who pays the costs related to the recount. However, we were informed by the Secretary of State's Office that the county governments pay all recount-related expenses.

Cost for Voter-Initiated Recounts

Paid entirely by state or county

South Dakota does not specify in law or rule who pays the costs related to the recount. However, we were informed by the Secretary of State's Office that the county governments pay all recount-related expenses.

Challengers and Observers

Statutes specify that recount must be public
Party/candidate or initiator has statutory authority to appoint challengers

Recounts are conducted publicly. They are governed by the same public observation requirement that applies to ballot counting during canvassing. See ARSD 5:02:16:03 and 5:02:19:04.  Any candidate involved in the recount (or their representative) may observe the recount. For recounts on questions, each side of the question is allowed one person to observe. These observers may “witness the opening of all ballot boxes and the count of all ballots.”  They may also protest the ruling of the ballot board on any ballot.  SDCL 12-21-26 and 12-21-27

Rules for Determining Voter Intent

Statutory guidance provided
Secretary of State or Election Board responsible for defining intent

The State Board of Elections shall promulgate rules determining voter intent. See SDCL 12-20-7:

“A mark that touches the oval on an optical scan ballot shall be counted as a vote; any mark that does not touch the oval and is not in the oval may not be counted as a vote.”  ARSD 5:02:09:22. See also ARSD 5:02:16:21.

State Has Audit Laws
No
Revision Notes

This information was updated 6/1/2020 using the 2019 South Dakota Codified Laws (SDCL) and the Administrative Rules of South Dakota (ARDS) viewed 6/1/2020 on the website of the South Dakota Legislative Research Council.