Duffy v. Mortenson

SABERS, Justice.

At the general election of November 3, 1992, there was a contest for Stanley County State’s Attorney. Bernard E. Duffy (Duffy), a Democrat, and Curtis D. Morten-son (Mortenson), a Republican, were the candidates for that office. An electronic tabulation of the votes resulted in Morten-son receiving 703 votes and Duffy receiving 702 votes.1 At the request of Duffy, a recount board was appointed under SDCL ch. 12-21 to recount the votes. The recount board met on November 23, 1992 and determined that Mortenson and Duffy each received 705 votes. Duffy disputed two ballots which…