Thoms v. Andersen

I would reverse and remand with directions that the trial court order the recount board to count the absentee ballots from precincts 3-4 and 10-2.

SDCL 12-21-1 states that:

“The intent of the provisions of this chapter is to procure a speedy and correct determination of the true and actual count of all ballots cast at an election, which *573ballots are valid on their face, and all provisions, of this chapter shall be liberally construed to that end.”

In the case of Healey v. Rank, 82 S.D. 54, 140 N.W.2d 850, this court stated that:

“The duties of a county recount board are ministerial in nature and…