September 22, 1983
Mr. Roger A. Schiager
City Attorney
610 Security Building
Sioux Falls, South Dakota 57102
Official Opinion No. 83-33
City Elections
Dear Mr. Schiager:
You have requested an official opinion based upon the following factual situation:
FACTS:
The City of Sioux Falls wishes to establish an absentee ballot counting board pursuant to 12-19-37 before the 1984 municipal election.
Based on the above facts, you have asked the following questions:
QUESTIONS:
1. Can SDCL 12-1-2 be read as giving municipalities the option to createthe absentee ballot precinct as authorized to counties in SDCL 12-19-37?
2. If municipalities may create such a precinct, then may such a precinct also be used during a joint municipal-school district election as authorized by SDCL 9-13-1.1 and 13-7-10.1?
SDCL § 12-19-37 provides:
Any county may create a special precinct to be known as an absentee ballot precinct. If the county creates an absentee ballot precinct, all absentee ballots cast at any election shall be counted in such precinct. The election board of the absentee ballot precinct shall be known as the absentee ballot counting board. There shall be only one absentee ballot counting board at any time in a county.
SDCL § 12-1-2 provides:
This title shall apply to township, municipal, or school elections except as may be otherwise provided by the election statutes provided in Titles 8, 9 and 13, or as in this title specifically provided as to them.
IN RE QUESTION NO. 1:
In view of the foregoing statutes, it is my opinion that municipalities may create a special absentee ballot precinct.
IN RE QUESTION NO. 2:
Since it is my further opinion that schools and municipalities are both empowered by § 12-1-2 to create special absentee ballot precincts, it is also my opinion that a special absentee ballot precinct may be used during a joint municipal-school district election, if each of the subdivisions creates the special precinct in the required agreement.
Respectfully submitted,
Mark V. Meierhenry
Attorney General
