US Lawyer Database

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. All ballots which have not been distributed to voters, excluding those marked “spoiled and replaced” separately enclosed, together with a record of ballots stating the number of ballots voted, the number of ballots spoiled and replaced, and the number of ballots not delivered to voters, […]

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 to precinct–Notice and correction of discrepancies. The county auditor, on receipt of the unused, defective, or spoiled ballots, and the statement mentioned in §12-18-32, shall carefully compare the same with the record in his office of the number of ballots sent to such election precinct. […]

Section 12-18-39 – Provisional ballot–Eligibility.

12-18-39. Provisional ballot–Eligibility. If any person is not authorized to vote pursuant to §12-18-7.2, is successfully challenged under §12-18-10, or is otherwise denied the ability to vote and the person maintains that he or she is currently registered to vote in that precinct, the person may cast a ballot which shall be called a provisional […]

Section 12-18-40 – Use of provisional ballot.

12-18-40. Use of provisional ballot. Before giving a person a provisional ballot, the person shall complete an affirmation. The person’s name shall be written in the pollbook along with a designation that the person has cast a provisional ballot. The person shall be given the ballot appropriate to the precinct in which the person is […]

Section 12-18-13 – Use of unauthorized ballot prohibited.

12-18-13. Use of unauthorized ballot prohibited. No voter may receive or vote a ballot from any other person than the precinct superintendent or precinct deputy in charge of the ballots, nor may any person other than the precinct superintendent or precinct deputy deliver a ballot to the voter. Source: SDC 1939, §16.1209; SL 1974, ch […]

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

12-18-14. Entry of voting booth or machine by voter. On receipt of his ballot or delivery to him of his voter’s consecutive number, the voter shall forthwith and without leaving the polling place retire alone to one of the booths or voting machines provided to cast his vote. Source: SL 1897, ch 60, §25; SL […]

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

12-18-16. Marking of paper ballot–Form of mark. If a paper ballot is used, the voter may use a pencil or pen to mark the voter’s ballot and the voter may mark the ballot with either a cross (x) or check mark (). Source: SDC 1939, §§16,1105 (4), 16.1302; SL 1957, ch 84, §§2, 3; SDC […]

Section 12-18-16.1 – Marking of optical scan ballot.

12-18-16.1. Marking of optical scan ballot. If an optical scan ballot is used, the voter may use a pencil or other marking instrument provided to mark the voter’s choice on the ballot. Source: SL 2002, ch 76, §2.