SB 173 South Dakota Senate · 2025 Regular Session

revise the process by which a recount may be requested.

The bill modifies the procedures for requesting a recount in South Dakota elections. It directly affects election officials, candidates, and voters who seek to challenge election results. The key provision changes the requirements and steps involved in initiating a formal recount process. This legislative change aims to update the existing framework without altering the fundamental right to request a recount.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 11, 2025 Signed Mar 31, 2025
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What changed between versions

Introduced Enrolled · 6 edits · Mar 10, 2025
MODERATE
This bill updates South Dakota's election recount laws by clarifying thresholds and procedures for requesting recounts in legislative, state office, and ballot measure elections. It establishes specific vote margin percentages that trigger recount eligibility and standardizes the petition and notification processes across different election types.
Scope change
The bill expands clarity on recount eligibility across legislative districts, state offices, ballot measures, and presidential elector selections, ensuring consistent application of recount thresholds.
REQUIREMENT

Updated § 12-21-11 to specify that legislative district recounts require a margin not exceeding two percent of total votes cast.

Modified § 12-21-12 to set recount threshold for state offices at one-fourth of one percent of total votes cast.

Revised § 12-21-14 to allow ballot measure recounts when margins are one-fourth of one percent or less, requiring petitions from at least 1,000 registered voters representing five counties.

Adjusted § 12-21-15 to permit presidential elector recounts when margins are one-fourth of one percent or less, allowing petitions from party chairmen or candidates.

Added provision allowing candidates to request presence at multi-county legislative recounts through written agreement with county auditors.

TIMELINE

Established a fourteen-day completion deadline for legislative district recounts after petition filing.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
9
Committee
3
Mar 31, 2025
Signed into law
Signed by the Governor on 2025-03-31 S.J. 539
executive
Mar 11, 2025
Lower · Passed
Signed by the Speaker H.J. 524
lower
Mar 10, 2025
Lower · Passed
Signed by the President S.J. 502
lower
Mar 6, 2025
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 69, NAYS 0 H.J. 478
lower
Mar 5, 2025
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Mar 5, 2025
Lower · Passed
State Affairs Do Pass , Passed, YEAS 13, NAYS 0
lower
Feb 11, 2025
Introduced
First read in House and referred to H.J. 255
lower
Feb 10, 2025
Upper · Passed
Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 220
upper
Feb 7, 2025
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Feb 7, 2025
Upper · Passed
State Affairs Do Pass , Passed, YEAS 9, NAYS 0
upper
Feb 3, 2025
Committee
Referred to S.J. 152
upper
5 primary · 0 co-sponsors

Sponsors