When Does a Recount Happen?
In South Dakota, a recount isn't just granted on a whim; specific conditions must be met. The most straightforward trigger is an exact tie. In the event of a tie vote for any office other than school and township positions, an automatic recount is required by state law. This means no one needs to ask for it; the process kicks off on its own to break the deadlock. For all other scenarios, a recount must be requested. This request can only be made if the margin of victory is exceptionally narrow. The specific percentage varies depending on the office, from statewide races to local contests, ensuring that only genuinely close elections undergo this extra layer of scrutiny.
The All-Important Margin of Victory
The threshold for requesting a recount is what truly matters. For statewide
offices (like U.S. Senator or Governor) and multi-county district offices, a losing candidate can petition for a recount only if the margin is one-fourth of one percent (0.25%) or less of the total votes cast. For state legislative, county, and school board elections, the window is a bit wider, allowing a request if the margin is 2% or less. Municipal elections have a similar 2% threshold, but also allow a recount if the difference is five votes or fewer. Voters can also petition for a recount on a statewide ballot measure, but it requires at least 1,000 signatures from five different counties and a margin of 0.25% or less.
Who Can Request It and When?
The right to request a recount is limited. For candidate races, only a losing candidate who meets the narrow margin requirements can file a petition. For ballot questions, a group of registered voters must come together to submit the request. The timing is also strict. Petitions for most local and legislative races must be filed within a few days after the official election results are canvassed and certified. This short window ensures that the process moves forward quickly and doesn't leave election outcomes in limbo for an extended period.
The Recount Process Itself
Once a recount is approved, a county recount board is appointed. This board typically consists of a recount referee and two voters, with specific rules to ensure impartiality, such as matching the party affiliation of the candidates in a primary. The process is open to the public, and candidates involved (or their representatives) have the right to be present and witness the entire procedure. The board's job is to re-tabulate the votes. This is usually done by running the ballots through the scanning machines again. However, the board also manually reviews any ballots the machines couldn't read to determine voter intent. They will also check that ballots are properly stamped and resolve any discrepancies from the initial count.
What Happens to Ballots in Question?
The core of a recount often comes down to interpreting voter intent on ballots with unclear marks. The recount board examines ballots that were rejected by tabulating machines or marked ambiguously. They follow specific state rules to decide if a mark counts as a valid vote. If a ballot is damaged and can't be scanned, the board can create a duplicate ballot that accurately reflects the voter's choices, which is then fed into the machine. Any questions or disputes that arise during this process are settled by a majority vote of the recount board members. This hands-on review is designed to be the final, authoritative say on the validity of each vote.
Who Foots the Bill?
One of the most surprising aspects of South Dakota's recount law is the cost. While many states require the requesting candidate to pay a deposit or cover the full expense, South Dakota does not. State law does not explicitly assign costs for recounts. However, the Secretary of State's office has indicated that county and state governments cover all expenses related to a legitimate recount, whether it's automatic due to a tie or requested by a candidate within the legal margins. This removes any financial barrier for a candidate in a razor-thin race to verify the results.
