Revise the time for conducting the canvass of an election.
Summary
HB1316 revises the timing for election canvasses in South Dakota. Under current law, local election officials and the Board of State Canvassers must meet within a specified number of days after an election to canvass and examine returns. The bill changes those deadlines so that the local canvass is held at 9:00 a.m. local time on the first Tuesday following the election, and the state canvass is held at 9:00 a.m. central time on the second Tuesday following the election.
The bill also keeps the existing ability for the state canvassing board to adjourn briefly if county returns have not yet been received, while clarifying that any adjournment cannot exceed ten days. It requires the person in charge of the election to post the time and place of the canvass on the secretary of state’s website, adding a notice requirement to improve public awareness and transparency.
Impact
HB1316 would amend South Dakota’s election code, specifically §§ 12-20-36 and 12-20-47, by replacing the current canvass timing framework with fixed Tuesday morning deadlines. It affects local election officials, governing boards serving as canvassing boards, county election returns, and the Board of State Canvassers. The bill does not change how votes are counted, but it changes when official canvass meetings occur and adds a website posting requirement for canvass notice.
Sentiment
The available voting history suggests the bill faced significant opposition. It received a narrow 7-5 do pass recommendation in one committee vote, but then was rejected on a later 24-42 do pass vote. With no committee transcript available, the overall sentiment appears mixed at the committee level but ultimately unfavorable in the chamber vote, indicating that a majority of legislators were not persuaded to advance the measure.
Contention
The main point of contention appears to be whether the state should alter the existing canvass schedule and impose fixed Tuesday deadlines. Supporters likely viewed the bill as a way to standardize and publicize canvass timing, while opponents may have been concerned about the practicality of the new deadlines, the administrative burden on local election officials, or whether the change was necessary at all. The close committee vote followed by a much larger defeat suggests disagreement over both the need for the change and its operational effects on election administration.