If any legislative district comprises more than one county, any candidate for election to or nomination for the Legislature who, according to the official returns, has been defeated by a margin not exceeding two percent of the total vote cast for all candidates for the office may, within three days after completion of the official canvass by the State Board of Canvassers, file a petition with the secretary of state, setting forth that the candidate believes a recount will change the result and that all the votes cast for the office or nomination should be recounted. The secretary of state shall notify the county auditor of each county that has precincts included in the petition. Each county auditor shall then conduct a recount. Notwithstanding § 12-21-20, if the recount is for a legislative district comprising more than one county and the candidate expresses to the county auditor in writing to be present at each county's recount, the board shall convene at the time and date determined by mutual agreement between the county auditor and candidate. A recount conducted pursuant to this section must be completed within fourteen days following the filing of the petition.

Source: SDC 1939, § 16.1803 (3); SL 1999, ch 72 , § 6; SL 2017, ch 70 , § 1; SL 2025, ch 67 , § 1.