All ballots shall be counted no later than the final business day in May. For each vacancy to be filled, the candidate receiving the highest number of votes is elected.

Any ballot from which it is impossible to determine the voter's choice is void and may not be counted. However, if the voter's mark on a ballot is sufficiently plain to determine the voter's intention, the vote shall be counted. This section shall be construed liberally to assure that each vote is counted. Any void ballot shall be maintained separately from the other ballots.

Source: 3 SDR 13, effective August 25, 1976; transferred from § 47:07:05:12, effective July 1, 1979; 6 SDR 87, effective March 2, 1980; 9 SDR 81, 9 SDR 124, effective July 1, 1983; 20 SDR 109, effective January 19, 1994; 31 SDR 191, effective May 22, 2005; 32 SDR 203, effective June 5, 2006; 36 SDR 21, effective August 17, 2009 ; 43 SDR 57, effective October 17, 2016 ; 45 SDR 142, effective July 1, 2019.

General Authority: SDCL 3-12 C - 211 .

Law Implemented: SDCL 3-12 C - 20 4.

Prior versions effective: 2016-10-17, 2009-08-17.