Recount laws in South Dakota
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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
South Dakota law requires an automatic recount in tied elections for most offices. Candidates and voters, regarding a ballot measure, can request a recount under certain circumstances. The state has indicated it pays for the cost of any recount.
Summary of recount laws
The list below shows answers to common questions regarding recounts in South Dakota.[1]
- Does state law require automatic recounts?
- Yes, when a tie vote occurs. This does not apply to school or township elections.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes. Deadlines to request a recount and the requirements for those requests vary by office and election type described below.
- Who pays for a requested recount?
- State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[2]
- Is a refund available for requested recount costs?
- Not applicable. The state covers the cost of requested recounts.[3]
- Can a partial recount be requested?
- Voters can request precinct-specific recounts.
South Dakota recount procedures
Automatic recount procedures
South Dakota requires an automatic recount in the event of a tie vote for any office except for school and township elections.[4] There is no set deadline for the completion of an automatic recount.
Requested recount procedures
There is no specified deadline for the completion of requested recounts. State law does not specify who is responsible for costs associated with a requested recount but the secretary of state's office has indicated that the state covers all costs.[5]
South Dakota allows candidates and voters to request recounts. The requirements in order to request a recount vary by requester and office type.
Candidate-requested recounts:
- Statewide and multi-county district elections:
- A candidate for statewide or multi-county office other than the legislature may file a petition with the secretary of state seeking a recount if the margin is .25% or less of the total votes cast for the office, position, or nomination. The petition must be filed within three days after the completion of the official canvass by the State Board of Canvassers.[6]
- Presidential elections:
- The chairman of the state central committee of the political party that nominated the groups of candidates or two or more candidates may file a petition with the secretary of state seeking a recount if the margin is .25% or less of the total of votes cast for both groups of candidates. A petition must be filed prior to the canvass by the State Board of Canvassers.[7]
- Multi-county state legislative elections:
- Any candidate in a multi-county state legislative election may file a petition with the secretary of state seeking a recount if the margin is equal to or less than 2% of the total vote cast for all candidates for the office. A petition must be filed within three days after completion of the official canvass by the State Board of Canvassers.[8]
- Single-county state legislative and county elections:
- A candidate for office in a single-county legislative or countywide election may file a petition with the secretary of state seeking a recount if the margin is equal to or less than 2% of the total vote cast for all candidates for the office, position, or nomination. The petition must be filed within three days after the election returns have been canvassed either by the official county canvass or the official state canvass.[9]
- Municipal elections:
- A losing or tied candidate for municipal office may request a recount if the election margin is less than or equal to 2% of the total votes cast for the office, or the election margin is less than or equal to five votes. The deadline to request such a recount is no later than five business days after the canvass.[10]
- School board elections:
- A losing or tied candidate for school board may request a recount if the margin is less than or equal to 2% of total votes cast for the office. The deadline to request such a recount is no later than five business days after the canvass.[11]
Voter-requested recounts:
- Statewide ballot measure election:
- A group of at least 1,000 registered voters from at least five counties of the state may submit a petition requesting a recount on a statewide ballot measure if the margin is .25% or less of the total votes cast for and against the measure. The petition must be filed within ten days after the completion of the official canvass by the State Board of Canvassers.[12]
- Precinct-level recounts:
- Three registered voters in a precinct may request a recount in their specific precinct for a specific candidate in a county, state, or federal election. The margins allowing such a request are as follows:
- For losing candidates running in an election where voters can only vote for one candidate (single-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race.
- For losing candidates running in an election where voters can vote for two or more candidates (multi-candidate race), the vote margin must be less than or equal to 2% of the total votes cast for all candidates in the race, which is calculated as two times the average number of votes cast for the winning candidates.
- Voters may also request a precinct-level recount for ballot measures under the guidelines for single-candidate races. The deadline to request a precinct-level recount is no later than ten days after an election. Subsequent requests from other precincts within the same county may be filed within three days after the first such request even if it is later than ten days after the election.[13]
- Municipal and school board ballot measure elections:
- Three registered voters within the jurisdiction may request a recount for a municipal or school board ballot measure if the margin is less than or equal to 2% of the total votes cast for the measure. The deadline to request such a recount is no later than five business days after the canvass.[14][15]
For more information about statewide, state legislative, county, and precinct recount procedures in South Dakota, click here.
South Dakota voting equipment
- See also: Voting methods and equipment by state
South Dakota uses hand-marked paper ballots and ballot-marking devices for its elections.[16]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
The map and table below outline the type of recount laws in each state.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, in 11 states it depends on the circumstances of the election or the recount, and in two states it is unclear which party pays for the recount. In 27 states a refund may be available for a requested recount, in four states a refund depends on the circumstances of the recount, and in five states no refund is available. The remaining 14 states have state-funded requested recounts or do not have requested recounts. In 27 states a partial recount may be requested.
| State[19] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[20] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 & 50.48 |
| Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 & 1453 |
| Maine | State/Requester Depends on margin |
Yes | No | 737-A |
| Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[21] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[22] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[23] |
Varies[24] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[25] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[26] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[27] |
No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) South Dakota's regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in South Dakota
- South Dakota
- Voting methods and equipment by state
Footnotes
- ↑ South Dakota Legislature Legislative Research Council, "12-21-1 to 37," accessed September 24, 2025
- ↑ Verified Voting, "South Dakota Recount Laws," accessed September 26, 2025
- ↑ Verified Voting, "South Dakota," accessed September 26, 2025
- ↑ South Dakota Code, "12-21-16," accessed September 24, 2025
- ↑ Voter Verified, "South Dakota Recount Laws," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "12-21-12," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "12-21-15," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "12-21-11," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "12-21-10," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "9-13-27.3," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "13-7-19.2," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "12-21-14," accessed September 24, 2025
- ↑ South Dakota Secretary of State, "Recount Manual," August 7, 2025
- ↑ South Dakota Codified Laws, "9-13-27.4," accessed September 24, 2025
- ↑ South Dakota Codified Laws, "13-7-19.3," accessed September 24, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 2025
- ↑ Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
