The procedures for receiving, preparing, and tabulating the ballots are as follows:

1. (1) The tabulation technicians shall compare the total number of ballots shown on the return printed by the equipment and the total number of ballots shown on the recap sheet from the precinct officials. If there is a discrepancy in the total number of ballots cast in any precinct, the tabulation technicians shall note the discrepancy on the recap sheet, the sheet shall be signed by a tabulation technician and notice given to the resolution board;
2. (2) If the total number of ballots exceed by five or more the number of names in the pollbook as found on the recap sheet, the ballots shall be examined by the resolution board for the official ballot stamp. Any unstamped ballots shall be removed and marked as "unstamped - not counted." If the total number of ballots still exceeds the number of names in the pollbook, the ballots shall be placed in a box and one of the resolution board shall publicly draw from the box the number of ballots that is equal to the excess and place these in an envelope labeled "ballots drawn by resolution board to justify totals". The remaining ballots shall then be counted by the tabulation equipment and the count shall be included with the other tabulations to constitute the compiled unofficial returns; and

3. (3) If a ballot is rejected by the automatic tabulating equipment, the resolution board shall review the ballot as follows:

   1. (a) If the resolution board determines that the ballot is damaged or defective, a duplicate shall be made of the ballot. All duplicate ballots shall clearly be marked "duplicate," shall bear a serial number which is also recorded on the original ballot. This ballot shall then be counted by the automatic tabulating equipment in lieu of the original ballot;

   2. (b) If the resolution board determines that the tabulating equipment is not reading any mark on a paper optical scan ballot, which is a vote according to § 5:02:09:22, the board shall duplicate that ballot on a paper optical scan ballot according to subdivision (3)(a) of this section.

      If the resolution board cannot reach an agreement on the determination of any mark, the board shall duplicate that ballot according to subdivision (3)(a) without marking any selection in dispute on a paper optical scan ballot.

      If the resolution board cannot reach an agreement on the determination of all of the marks on any ballot, the board shall reject that ballot and label it, "no votes can be determined"; and

   3. (c) If the resolution board determines that the tabulating equipment is not reading any selection on a thermal paper ballot, which is a vote according to § 5:02:09:22, the board shall duplicate that ballot on a paper optical scan ballot according to subdivision (3)(a) of this section.

      If the resolution board cannot reach an agreement on the determination of any selection, the board shall duplicate that ballot according to subdivision (3)(a) without marking any selection in dispute on a paper optical scan ballot.

      If the resolution board cannot reach an agreement on the determination of all of the selections on any ballot, the board shall reject that ballot and label it, "no selections can be determined".

Source: 21 SDR 77, effective October 24, 1994; 29 SDR 113, effective January 30, 2003; 33 SDR 230, effective July 1, 2007; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 12-17B-17(4).

Law Implemented: SDCL 12-17B-13 , 12-17B-14.

Prior versions effective: 2007-07-01.