The following procedure must be used in auditing a precinct by manually counting the ballots:

1. (1) The post-election auditing board shall review ballots for proper marking procedure according to the voting instructions below. The post-election auditing board shall determine the votes to count as follows:

   1. (a) A mark that is inside the oval on an optical scan ballot is counted as a vote;
   2. (b) Any mark on an optical scan ballot that does not touch the oval and is not in the oval may not be counted as a vote;
   3. (c) A mark on an optical scan ballot that touches two or more ovals is an over-vote and not counted;
   4. (d) A write-in vote may not be counted; and
   5. (e) Express votes are to be counted as shown on the Express vote ballot;
2. (2) A majority vote of the post-election auditing board shall determine any question arising from the post-election audit; and
3. (3) The post-election auditing board shall certify the results as manually counted for the post-election audit by completing the certificate of post-election audit as provided in § 5:02:23:12. The board shall file the certificate of post-election audit with the county auditor.

Source: 50 SDR 66, effective December 5, 2023 .

General Authority: SDCL 12-1-9 (4)(11).

Law Implemented: SDCL 12-17B-18 , 12-17B-20 , 12-17B-22 .