State Summary

Except for school and township elections, South Dakota requires an automatic close-vote-margin recount in the case of a tie vote. Candidates are entitled to taxpayer-funded, close-vote margin recounts if they first file a petition. The closeness of the vote depends on the contest. Candidates may petition for recounts after official returns have been publicly announced and compiled but before they’ve been officially canvassed. Recounts for various types of ballot questions require a petition of varying numbers of registered voters of the jurisdiction, with the vote margin depending on the type of question. Recounts must proceed as expeditiously as reasonably possible until completed. Recounts are done by retabulation on ballot scanners, except that ballots unable to be counted by tabulation equipment are reviewed for voter intent and either hand counted or duplicated for rescanning.

Counting Method

Mix of hand count and retabulation

The recount board reviews ballots for proper marking procedures and counts 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 S.D. Admin. R. 5:02:09:05; S.D. Codified Laws § 12-17B-16; S.D. Admin. R. 5:02:19:04 (“The rules in chapters 5:02:09 and 5:02:16 regarding the counting of ballots also apply to recounts.”)

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Vote count difference (not percentage-based)
Varies by election contest
Initiated by request
Initiated automatically

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, except for school and township elections. S.D. Codified Laws § 12-21-16.

For information on timing, see S.D. Codified Laws §§ 12-21-16, 12-21-20, 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 for these recounts. See the details on these recounts below.

Candidate-Initiated Options

Close vote margin required
Party official may also petition for candidate

South Dakota has several different types of candidate-initiated recounts, and they all require a close-vote margin and 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 S.D. Codified Laws § Chapter 12-21 do not apply to elections for which a runoff election is required. S.D. Codified Laws § 12-21-18.

Recounts for candidates in a statewide election 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 1% of the total votes cast for all candidates. S.D. Codified Laws § 12-21-12; South Dakota Secretary of State, Recount Manual 2–5 (2024). For information on timing, see S.D. Codified Laws §§ 12-21-12, 12-21-20, 12-21-25.
Recounts in close presidential elections apply whenever it appears that one set of candidates for presidential electors has been elected over another set of such candidates by a margin not exceeding one-fourth of 1% of the total of votes cast for both such set. They require a petition from the chairman of the state central committee of the political party which nominated either of such sets, or any two or more candidates of either such set. S.D. Codified Laws § 12-21-15. For information on timing, see S.D. Codified Laws §§ 12-21-15, 12-21-20, 12-21-22, 12-21-25.

Recounts for candidates in legislative districts 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 2% of total votes cast for all candidates. S.D. Codified Laws § 12-21-10, 12-21-11; South Dakota Secretary of State, Recount Manual 6–8 (2024). For information on timing, see S.D. Codified Laws §§ 12-21-11, 12-21-10, 12-21-20, 12-21-25.

Recounts for candidates in local elections are conducted 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 2% of the total votes cast for all candidates. S.D. Codified Laws § 12-21-10; South Dakota Secretary of State, Recount Manual 12–14 (2024). For information on timing, see S.D. Codified Laws §§ 12-21-10, 12-21-20, 12-21-25.

Recounts for municipal candidates require a petition from a tied or losing candidate. They require a tied election, a close-vote margin of five votes or less, or a margin not exceeding 2% of the total votes cast for all candidates. S.D. Codified Laws §§ 9-13-27.2, 9-13-27.3; South Dakota Secretary of State, Municipal and School Recount Manual (2019). For information on timing, see S.D. Codified Laws §§ 9-13-27.2, 9-13-27.3.

School board candidate recounts require a petition from a tied or losing candidate. They require a close-vote margin not exceeding 2% of the total votes cast for all candidates. S.D. Codified Laws §§ 13-7-19.1, 13-7-19.2; South Dakota Secretary of State, Municipal and School Recount Manual (2019). For information on timing, see S.D. Codified Laws §§ 13-7-19.1, 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.

Statewide ballot question recounts require a minimum of 1,000 voter signatures representing five counties. The vote margin must not exceed one fourth of 1% of total votes cast for that question. S.D. Codified Laws § 12-21-14, S.D. Admin. R. 5:02:19:07; South Dakota Secretary of State, Recount Manual 9–14 (2024). For information on timing, see S.D. Codified Laws §§ 12-21-14, 12-21-20, 12-21-25.

Precinct 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 2% 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. S.D. Codified Laws § 12-21-8, S.D. Admin. R. 5:02:19:06; South Dakota Secretary of State, Recount Manual 15–17 (2024). For information on timing, see S.D. Codified Laws §§ 12-21-8, 12-21-9, 12-21-20, 12-21-25.

Recounts for municipal ballot questions require a petition from three registered voters of the municipality. The vote margin must not exceed 2% of total votes cast for the municipal ballot question. S.D. Codified Laws § 9-13-27.4; S.D. Admin. R. 5:02:19:10; South Dakota Secretary of State, Municipal and School Recount Manual (2019). For information on timing, see S.D. Codified Laws § 9-13-27.4

School ballot question recounts require a petition from three registered voters in the school district. The vote margin must not exceed 2% of total votes cast for the school ballot question. S.D. Codified Laws §§ 13-7-19.1, 13-7-19.3; S.D. Admin. R. 5:02:19:10; South Dakota Secretary of State, Municipal and School Recount Manual (2019). For information on timing, see: S.D. Codified Laws §§ 13-7-19.1, 13-7-19.3.

Cost for Candidate-Initiated Recounts

Paid entirely by state/county

South Dakota does not specify in law or rule who pays the costs related to the recount. However, the Office of the Secretary of State indicated to Citizens for Election Integrity Minnesota that county governments pay all recount-related expenses.

Cost for Voter-Initiated Recounts

Paid entirely by state/county

South Dakota does not specify in law or rule who pays the costs related to the recount. However, the Office of the Secretary of State indicated to Citizens for Election Integrity Minnesota that county governments pay all recount-related expenses.

Challengers and Observers

Party/candidate/initiator may appoint challengers; no guidance on observers; recount is public

Recounts are conducted publicly. They are governed by the same public observation requirement that applies to ballot counting during canvassing. See S.D. Admin. R. 5:02:16:03, 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 and may also protest the ruling of the ballot board on any ballot. S.D. Codified Laws §§ 12-21-26, 12-21-27.

Rules for Determining Voter Intent

A mark that touches the oval on an optical scan ballot is counted as a vote; however, any mark that does not touch the oval and is not in the oval may not be counted as a vote. S.D. Admin. R. 5:02:09:22; see also S.D. Admin. R. 5:02:16:21. The State Board of Elections is required to promulgate rules determining voter intent. See S.D. Codified Laws § 12-20-7.

Resources

S.D. Admin. R. 5:02:09:05
S.D. Admin. R. 5:02:19
S.D. Codified Laws § 12-21
S.D. Codified Laws § 9-13-7-19.1–.4
S.D. Codified Laws § 9-13-27.2–.4

Additional Resources

South Dakota Secretary of State, Recount Manual (2024)
South Dakota Secretary of State, Municipal and School Recount Manual (2019)