Who Is Eligible to File a Contest?
Not just anyone can legally challenge an election result. South Dakota law grants this ability, known as 'standing', to specific individuals with a direct interest in the outcome. Primarily, any candidate who was on the ballot for the public office in question can institute a contest. This applies to general elections as well as primary elections, where a candidate for nomination can challenge the result for that nomination. For ballot questions, any registered voter who was eligible to vote on the measure can file a contest, but they must first receive permission from a circuit court judge. For a contest involving presidential electors, the challenge can be brought by one or more of the candidates for elector or by the state chairman of their
political party.
What Are the Grounds for a Contest?
An election contest isn't a simple request for a do-over; it must be based on specific legal grounds. While the statutes do not provide an exhaustive list of reasons in a single section, the grounds for a contest are understood to involve substantive issues that could have wrongfully altered the election's outcome. These can include allegations of malconduct, fraud, or corruption on the part of any election official or any other person. Other valid grounds could be the ineligibility of the winning candidate to hold the office, the commission of bribery or other offenses by the winner, or errors in counting votes that are significant enough to change the result. A contest is a distinct legal proceeding from a recount, which is a simpler process focused only on re-tabulating votes in a close race.
The Critical First Step: Filing the Complaint
To begin a contest, the challenger (the 'plaintiff') must file a formal, written complaint with the clerk of the circuit court. For primary elections, this is filed in the county where the candidate's nominating petition was originally filed. For other elections, the law specifies which court has jurisdiction. This complaint is a serious legal document that must be verified by the complainant, meaning they must swear to the truthfulness of its contents. The document must clearly lay out the specific grounds for the contest. Vague or insufficient claims can lead to the complaint being dismissed by the court. This initial filing is the action that officially commences the legal proceeding.
Strict Deadlines You Cannot Miss
Timing is arguably the most critical element of filing an election contest. South Dakota law is uncompromising on its deadlines. A contest must be commenced within ten days after the official canvass of the election returns is completed. The canvass is the formal process where election officials verify the vote counts from each precinct and declare the official results. There is one key exception: if a recount was conducted and it produced a different result than the initial canvass, a candidate has five days after the announcement of the recount result to file their contest. Missing these deadlines will almost certainly result in the court refusing to hear the case, regardless of its merits.
What Happens After You File?
Once a complaint is filed, the legal process moves quickly. The court will set a hearing date and the person who apparently won the election (the 'defendant') is formally served with the complaint. The defendant must then file an answer to the claims. Election contest cases are given preference over most other civil cases on the court's calendar to ensure a speedy resolution. The court will hear evidence from both sides, which can include testimony from witnesses and examination of ballots or election materials. The judge will then issue a judgment, which could affirm the original result, declare a different winner, or in some cases, void the election for that office. The court's judgment is considered final, although appeals to the South Dakota Supreme Court are possible.
