12-21-10. Complete recount on candidate's petition in close local election.A candidate for any office, position, or nomination which is voted upon only by the voters of one county or part thereof may ask for a recount of the official returns if such candidate is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official county canvass. Any candidate for legislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official state canvass. The petition shall state that the candidate believes a recount will change the result of the election and that all of the votes cast for the office, position, or nomination should be recounted. A recount shall then be conducted. Source: SDC 1939, §16.1803 (2); SL 1982, ch 134, §4; SL 1988, ch 133; SL 1989, ch 30, §35; SL 1999, ch 72, §5.
South Dakota Legal Code