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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


2008 Key Questions for Key States

South Dakota

The complete research by Election Law @ Moritz for South Dakota can be found below.

Institutional Arrangements

State Chief Election Authorities

Bipartisan appointed board

Chief election authority: State Board of Elections. § 12-1-9.

Method of selection: The first member is the Secretary of State. § 12-1-5. Two members are appointed by Speaker of House. Additional four members are appointed by democratic (2) and republican (2) leaders of the Senate and House. The Secretary of State is elected. Const. Art. 4, § 7.

Current officer: N/A (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/appointed

Method of selection: Gubernatorial appointment with subsequent retention election. Const. Art. 5, § 7.

Justices: David Gilbertson (appointed by R), Richard W. Sabers (appointed by R), John K. Konenkamp (appointed by R), Steven L. Zinter (appointed by R), Judith Meierhenry (appointed by R) (Last updated 12/22/07)

Sources:

  • Woman Named to State Supreme Court, Aberdeen American News, November 9, 2002.
  • Supreme Court faces complicated situation in Janklow appeal, AP Alert – South Carolina, March 2, 2004, SC 00:35:03.

Voter Registration

EL@M did not research this topic for South Dakota

Challenges

EL@M did not research this topic for South Dakota

Provisional Ballots

EL@M did not research this topic for South Dakota

Early and Absentee Voting

EL@M did not research this topic for South Dakota

Voting Technology

EL@M did not research this topic for South Dakota

Polling Place Operations

Polling place closing times - local times

7:00 PM local time

Polling place closing times - by Eastern time zone

9:00 PM Eastern time

Ballot Security

EL@M did not research this topic for South Dakota

Emergency Preparedness

EL@M did not research this topic for South Dakota

Post-Election Processes

What Court Would Hear a Presidential Contest?

State supreme court

Contests for President are determined in the supreme court. S.D. Codified Laws § 12-22-7; also § 12-22-35. Supreme court judges are appointed by the Governor and then subject to nonpartisan retention/rejection elections. S.D. Const. Art. V, § 7. South Dakota law specifically authorizes Presidential election contests. S.D. Codified Laws § 12-22-6.

Who Performs Presidential recounts?

Bipartisan

Recounts are conducted by county recount boards. 12-21-2. The recount board consists of a referee and two assistants. 12-21-2. The referee represents the largest political party, but the overall composition of the board “shall provide for representation of the two political parties with the largest party registration….” Id. The presiding judge of the county circuit court appoints the members of the recount board. Id. Circuit judges are elected in nonpartisan elections. Const. Art. 5, s 7. Candidates or their representatives may observe the recount. 12-21-26.