South DakotaHB 1030101st South Dakota Legislature (2026)House

amend provisions pertaining to the timing of municipal elections.

Sponsored By: Kull, David (Republican), Reed, Tim S. (Republican)

Signed by Governor

ElectionsMunicipal Government

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

Annexation votes follow new timing rules

A municipality proposed for annexation must vote within 60 days after the annexation-plan resolutions take effect. It can use a special election or its next regular municipal election. If voters approve, the receiving municipality must submit its question within 60 days after certified records are filed. The receiving municipality must use its regular election when filing occurs within the preceding 90 days and election requirements can be met.

Local government petitions use regular ballots

Petitions about dissolution, hiring a city manager, or covered government and representation changes must use the regular municipal election ballot. This applies when filed on or after January 1 before that election, with enough time to meet election requirements. Dissolution petitions for municipalities under 1,000 residents need signatures from 15% of registered voters. If voters approve government or representation changes at a regular election, officials under the new arrangement must be elected separately. That special election must occur within 90 days after the official vote count.

Local vacancies face special-election limits

Remaining governing-body members appoint a replacement until the next regular municipal election; council appointees representing wards must come from the same ward. The governing body can call a special election for the remaining term, or an ordinance adopted before the vacancy can require one. These special elections cannot occur less than 90 days before a regular municipal election. Mayoral vacancies are filled by appointment pending a regular or special election for the remaining term. No mayoral special election is allowed if the vacancy occurs within 12 months before the regular mayoral election.

Petition votes gain options and safeguards

Certain municipal petition questions normally go to a special election 60 to 90 days after the governing body orders it. They can instead use the next municipal or general election if presented beforehand, with enough time to meet nomination requirements. While those questions await a vote, the governing body cannot take action that changes or blocks the petition’s effect. A petition concerning a successor must use the next regular municipal election if filed within six months before it. That rule also requires enough time to meet nomination requirements.

Towns can choose even-year elections

South Dakota municipalities hold regular elections on the first Tuesday after the first Monday in June or November. They must set the date by January 14 of the election year and can adopt an ordinance choosing even-year elections only. Under that option, terms ending in odd years continue until successors are elected and qualified. Municipalities must balance seats across elections, assigning transition terms no longer than four years; trustee terms can increase from three to four years. Moving elections to November keeps officials in office until successors are elected and qualified when their terms otherwise end earlier that year. Moving November elections to June preserves current officials’ full elected terms.

Sponsors & Cosponsors

Sponsors

  • Kull, David

    Republican • House

  • Reed, Tim S.

    Republican • Senate

Cosponsors

  • Emery, Eric

    Democratic • House

  • Goodwin, Tim

    Republican • House

  • Larson, Liz

    Democratic • Senate

  • Moore, Scott

    Republican • House

  • Mortenson, Will

    Republican • House

  • Muckey, Erik

    Democratic • House

  • Roby, Matt

    Republican • House

  • Roe, Kent

    Republican • House

  • Sjaarda, John

    Republican • House

  • Uhre-Balk, Nicole

    Democratic • House

  • Vilhauer, Glen

    Republican • Senate

  • Walburg, Tim

    Republican • House

  • Wittman, Kadyn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 179 • No: 0

House vote • 2/12/2026

Concurred in amendments

Yes: 62 • No: 0

Senate vote • 2/10/2026

Do Pass Amended

Yes: 34 • No: 0

Senate vote • 2/6/2026

Do Pass

Yes: 7 • No: 0

House vote • 1/23/2026

Do Pass

Yes: 64 • No: 0

House vote • 1/22/2026

Do Pass

Yes: 12 • No: 0

Bill Text

  • Introduced

    1/5/2026

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