S.D. Admin. R. 5:02:23:09

Current through Register Vol. 51, page 34, September 9, 2024

Section 5:02:23:09 - Auditing procedures

The following procedure shall be used in auditing a precinct by hand-counting the ballots:

(1) The post-election auditing board shall review ballots for proper marking procedure according to the voting instructions below. The post-election auditing board shall determine the votes to count based on:

(a) a mark that is inside the oval on an optical scan ballot shall be counted as a vote;

(b) any mark on an optical scan ballot that does not touch the oval and is not in the oval may not be counted as a vote;

(c) a mark on an optical scan ballot that touches two or more ovals is considered an over-vote and not counted;

(d) any write-in vote may not be counted;

(e) Express votes are to be counted as shown on the Express vote ballot; and

(2) Any question arising on the post-election audit shall be determined by majority vote of the postelection auditing board; and

(3) The post-election auditing board shall certify the results as hand counted for the Post-Election Audit by completing the Certificate of Post-Election Audit as provided in § 5:02:23:13. The Certificate of Post-Election Audit shall be filed with the county auditor.

S.D. Admin. R. 5:02:23:09

50 SDR 066, effective 12/5/2023

General Authority: SDCL 12-1-9(4), (11).

Law Implemented: SDCL 12-17B-7, 12-17B-18, 12-17B20, 12-17B-22.