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05:02:09:22Counting imperfectly marked optical scan

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

ballots. A mark that touches the oval on an optical scan ballot shall be counted as a vote; any mark that does not touch the oval and is not in the oval may not be counted as a vote.

Source: 28 SDR 99, effective January 17, 2002; 32 SDR 109, effective December 26, 2005; 33 SDR 230, effective July 1, 2007.

General Authority

  • SDCL 12-1-9
    Amended by HB1324 (2026) — abolish the State Board of Elections.
    Amended by HB1199 (2023) — require postelection audits.
    Amended by HB1329 (2022) — require a forensic audit of election results after each presidential general ele

Law Implemented

  • SDCL 12-1-9
    Amended by HB1324 (2026) — abolish the State Board of Elections.
    Amended by HB1199 (2023) — require postelection audits.
    Amended by HB1329 (2022) — require a forensic audit of election results after each presidential general ele