12-16-41. Tally lists govern over certificate.In any case in which the certificate of the members of the precinct election board as to the number of votes cast for any candidate or in favor of or against any question submitted to the voters may not agree with the votes as shown by the tally list, the canvassing board to which the returns are made shall take as correct the number of votes shown by the tally list rather than the certificate. Source: SDC 1939, §16.1109; SL 1961, ch 101, §1; SL 1974, ch 118, §88; SL 1999, ch 69, §20.
South Dakota Legal Code