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05:02:16:09Drawing of excess ballots.

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

If the number of ballots in the ballot box shall be found to exceed in number the number of voters in the pollbook, as reconciled by §§ 5:02:16:05 and 5:02:16:08, the ballots shall be replaced in the box, after any ballots folded together are stapled and endorsed, and one of the counting board members shall publicly draw from the ballot box, as many ballots, unopened, as shall be equal to the excess.

Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 25 SDR 167, effective July 6, 1999.

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
  • SDCL 12-20-52
    Repealed by HB1324 (2026) — abolish the State Board of Elections.
    Amended by SB160 (2023) — establish post-election audits.

Law Implemented