If any candidate for an office, position, or nomination other than the Legislature is voted upon in more than one county, and has been defeated, according to the official returns, by a margin which does not exceed one-fourth of one percent of the total vote cast for all candidates for the office, position, or nomination, the candidate may, within three days after completion of the official canvass by the State Board of Canvassers, file a petition with the secretary of state, setting forth that the candidate believes a recount will change the result and that all of the votes cast for the office, position, or nomination should be recounted. The secretary of state shall notify each county auditor that has precincts included in the petition. Each county auditor shall then conduct a recount.
S.D. Codified Laws § 12-21-12
Candidate's recount petition for state or district office--Margin required--Notice to county auditors
Applied in 1 court decision — leading case McIntyre v. Wick (1996)
Most recently applied in McIntyre v. Wick (December 1996)
Source: SDC 1939, § 16.1803 (4); SL 1999, ch 72, § 7; SL 2025, ch 67, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.