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26.615.19 101st Legislative Session 138
2026 South Dakota Legislature
Senate Bill 138
ENROLLED
AN ACT
ENTITLED An Act to revise the time within which a recount for a school board
election must be completed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-7-19.2 be AMENDED:
13-7-19.2. If any candidate for the school board is defeated by a margin not
exceeding two percent of the total votes cast for all candidates for the office, the candidate
may, within five days after completion of the official canvass, file with the business
manager of the school district a written request for a recount. Upon receipt of a recount
request, the business manager shall:
(1) Set the time and place for a recount; and
(2) Appoint a recount board.
The business manager shall appoint to the recount board one individual chosen by
each candidate who is eligible to participate in the recount.
If the recount board consists of an even number of persons, the business manager
must appoint one additional recount board member. The additional board member
appointed by the business manager must be agreeable to each candidate involved in the
recount. If the additional board member appointed by the business manager is not
agreeable to each candidate involved in the recount, the secretary of state shall appoint
the additional member.
The individual having custody of the ballot boxes containing the ballots to be
recounted shall produce the ballot boxes when the recount board convenes. The recount
board shall resolve all questions arising on the recount by majority vote. The recount must
proceed as expeditiously as reasonably possible until completed.
Any recount conducted under this section must be completed before the annual
meeting of the board held pursuant to § 13-8-10.
26.615.19 2 138
SB138 ENROLLED
An Act to revise the time within which a recount for a school board election must be
completed.
I certify that the attached Act originated in
the:
Senate as Bill No. 138
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 138
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State