SB 138

26.615.19  101st Legislative Session  138
                                   2026 South Dakota Legislature
                                              Senate Bill 138
                                                    ENROLLED
                                              AN ACT
ENTITLED An Act to revise the time within which a recount for a school board
         election must be completed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-7-19.2 be AMENDED:
            13-7-19.2. If any candidate for the school board is defeated by a margin not
   exceeding two percent of the total votes cast for all candidates for the office, the candidate
   may, within five days after completion of the official canvass, file with the business
   manager of the school district a written request for a recount. Upon receipt of a recount
   request, the business manager shall:
   (1)      Set the time and place for a recount; and
   (2)      Appoint a recount board.
            The business manager shall appoint to the recount board one individual chosen by
   each candidate who is eligible to participate in the recount.
            If the recount board consists of an even number of persons, the business manager
   must appoint one additional recount board member. The additional board member
   appointed by the business manager must be agreeable to each candidate involved in the
   recount. If the additional board member appointed by the business manager is not
   agreeable to each candidate involved in the recount, the secretary of state shall appoint
   the additional member.
            The individual having custody of the ballot boxes containing the ballots to be
   recounted shall produce the ballot boxes when the recount board convenes. The recount
   board shall resolve all questions arising on the recount by majority vote. The recount must
   proceed as expeditiously as reasonably possible until completed.
            Any recount conducted under this section must be completed before the annual
   meeting of the board held pursuant to § 13-8-10.
26.615.19  2  138
An Act to revise the time within which a recount for a school board election must be
completed.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 138
                                                     By
                       Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                       President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                       Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                          Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 138  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB138 ENROLLED