Madison Recount Includes Sample Ballot

And now from the Madville Times Rumor Mill:

Remember last weekend's recount of the Madison City Commission ballots which resulted in Scott Delzer's victory by card game? One of our curious neighbors reports that the recount committee included a sample ballot in the count. You know, one of those yellow ballots with "SAMPLE" stamped across it? Unlike the white ballots that say "OFFICIAL." The sample ballot, which gave Delzer the one vote he needed to tie Monica Campbell, was apparently submitted by someone who voted at City Hall instead of the regular polls at the armory.

Our morning review of South Dakota election law:

1. SDCL 12-16-17 says "If the supply of official ballots has been completely exhausted, the county auditor may make emergency substitution by delivering or authorizing the use of sample ballots or photocopies of the official ballot." I can't find the comparable statute for city elections, but I would assume that the city finance officer would have the authority in a city election to make that emergency substitution if official ballots ran out.
   
2. But could they run out? SDCL 9-13-21 requires the city have on hand "at least ten percent more than the number of voters at the last comparable election." Last city commission election was 2006, turnout 1898. Minimum number of official ballots the city needed to have on hand: 2088. This year's turnout: 1033.
3. SDCL 9-13.27.3 appears to give recount boards carte blanche to decide questions about ballots. They can accept or reject ballots as they see fit by majority vote. One reader pointed out that the recount board is like a jury: their word is final.
   

Even if the recount board could accept a notecard dropped in the ballot box, I'm still curious: how did that sample ballot pass muster?

Meanwhile, Delzer and Dick Ericsson take their oaths at the city commission meeting Monday night, and city government toodles along.