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South Dakota Regulations § 5:02:23:09 Auditing procedures

Up to Article 5:02: State Board of Elections

Regulation Text

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.

History

50 SDR 066 , effective 12/5/2023