South Dakota § 12-21-16 - Tie vote certified by canvassing board--Automatic recount.
Full text of South Dakota South Dakota Codified Laws § 12-21-16 — Tie vote certified by canvassing board--Automatic recount., with citation guidance and answers to common questions.
§ 12-21-16. Tie vote certified by canvassing board--Automatic recount.
Whenever by reason of a tie vote found to exist upon the canvass of the original official returns, it is impossible to declare who has been elected or nominated to an office or position, it shall thereupon be the duty of the official board making such canvass to certify said vote to the county auditor where the election involved is confined to or within the limits of a county, and to the secretary of state as to all other elections. Thereupon such county auditor or such secretary of state, as the case may be, shall proceed exactly as if a petition had been duly filed under §§ 12-21-7 to 12-21-15, inclusive, requiring a recount to be made of all votes involved, and such recount shall proceed accordingly. This section shall not apply to school and township elections.
Source: SDC 1939, § 16.1804.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 12-21-16
What does South Dakota Codified Laws § 12-21-16 cover?
Section 12-21-16 ("Tie vote certified by canvassing board--Automatic recount.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 12-21-16?
A common citation format is "South Dakota Codified Laws § 12-21-16" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 12-21-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.