12-20-1. Delivery of supplies to counting board–Certificate of transmittal and receipt–Commencement of count–Continuation without adjournment–Comparison and correction of poll lists–Penalty. As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§12-20-2 and 12-20-3. The precinct superintendent and precinct deputies shall then immediately deliver the […]
12-20-10. Blank list for unofficial return of precinct vote for candidates and submitted questions–Return envelope. There shall be furnished by the officer in charge of the election to each voting precinct, for each election, a blank list which shall have space after each candidate’s name and after each measure, law, or amendment to be voted […]
12-20-11. Entry of precinct vote on unofficial return list–Return with election returns. When the vote count is complete, the members of the precinct election board shall enter upon the blank list the true number of votes cast in the precinct for each person, measure, law, or amendment which appears upon the official ballot, and shall […]
12-20-13. Tabulation and public release of unofficial returns–Entry into central election reporting system. Except as provided in §12-20-17, the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public, but such returns are not the official returns. The county auditor shall enter the information […]
12-20-13.1. Means of counting provisional ballots–Appointment of officials. The person in charge of the election shall decide if the provisional ballots are to be counted by hand or by automated tabulating equipment. If a decision is made to count the ballots by hand, a provisional ballot counting board shall be appointed as provided in §12-15-1. […]
12-20-13.2. Counting provisional ballots–Certification. The provisional ballot counting board or resolution board and tabulation machine operators shall convene one hour prior to the convening of the canvassing board. The provisional ballots, which the person in charge of the election has determined are not invalid according to §12-20-5.1, shall be counted. Upon completion of the count, […]
12-20-13.3. Counting provisional ballots–Alternate time. The person in charge of the election may establish an alternative time prior to the official canvass for provisional ballot counting provided that notice of the time and location is given to the county party chairperson of each political party for primary, secondary, and general elections and to each candidate […]
12-20-13.4. Counting provisional ballots–Notice. Within ten days after the official county canvass each person voting by provisional ballot shall be sent by the person in charge of the election a notice advising whether the provisional ballot was counted. The notice shall be prescribed by the State Board of Elections. Source: SL 2003, ch 83, §8.
12-20-15. State messenger to secure delinquent returns–Expenses deducted from county auditor’s salary. If any county auditor fails to perform the duties required of him by §12-20-38.1, the secretary of state shall send a messenger to the county auditor to secure such returns. All expenses for such service shall be paid by the county of which […]
12-20-17. Returns not disclosed until all polls in state closed. No public disclosure of the returns of state and federal elections in any primary or general election is permitted until each precinct polling place in the state is closed. This provision applies to each precinct polling place within the state. Source: SL 1959, ch 99, […]
12-20-18. Entry of candidates’ votes in precinct pollbooks. After the votes have been counted, the members of the precinct election board shall set down in the pollbook and duplicate tally sheet on forms therein prescribed by the State Board of Elections the name of each person voted for, the office for which the person received […]
12-20-2. Opening of ballot box–Sorting and counting of unopened ballots–Ballots folded together. The box shall be opened and the ballots taken out, sorted so that all ballots on certain candidacies and issues are separately identified, and counted by the members of the precinct election board unopened, except to ascertain if each ballot is single. If […]
12-20-2.1. Return of provisional ballot envelopes and unopened absentee ballots. If the ballot box is opened for ballot counting at the precinct, each provisional ballot envelope and each unopened absentee ballot shall be removed, placed, and sealed in the provisional or unopened absentee ballot return envelope and returned to the person in charge of the […]
12-20-20. Sealing of ballot boxes after deposit of counted ballots–Violation as misdemeanor. The counted ballots shall be sorted in the manner provided in 12-20-2 and wrapped, sealed, and deposited in the ballot box. The precinct superintendent and precinct deputies, after the counting of ballots and deposit of the ballots counted in the ballot box, shall […]
12-20-21. Return of ballot boxes, returns, records and supplies to officer in charge–Tampering prohibited–Violation as felony. The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated […]
12-20-21.1. Circumstances requiring report of official returns by telephone. Notwithstanding the provisions of §12-20-21, if the person in charge of the election determines that the roads are impassable between a polling place and the office of the person in charge of the election, the superintendent shall report unofficial election returns by telephone to the person […]
12-20-21.2. Write-in votes not to be counted–Other votes on ballot. If a name is written on a ballot in an attempt to cast a write-in-vote, the write-in vote may not be counted. However, all other votes for which the voter’s intent may be determined shall be counted. Source: SL 2002, ch 76, §5.
12-20-3. Drawing of excess ballots. Following the comparison of the pollbook and registration list in §12-20-2, if the ballots in the box exceed the number of names in the pollbook, the ballots shall be replaced in the box, after any of the ballots folded together are canceled, and one of the precinct deputies shall publicly […]
12-20-31. Destruction of ballots and pollbooks–Period for which held–Pending recount or contest. The officer in charge of an election may destroy voted ballots and pollbooks from a nonfederal election sixty days following the election at which such ballots were voted. However, they may not be destroyed if any recount or contest of such election is […]
12-20-32. Preservation of ballot boxes and pollbooks–Delivery of pollbooks to county canvassing board–Violation as felony. The county auditor shall keep the ballot boxes and pollbooks in the same condition as when received, until the meeting of the county canvassing board, when he shall deliver the pollbooks to such board. A violation of this section is […]
