Title 9, MUNICIPAL GOVERNMENT

A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice…

Every special election authorized by law, except as provided in §§ 6-8B-4 and 9-13-14.2 , must be held upon the same notice and at the same polling places, and be conducted, returned, and canvassed, and the result declared, as provided herein for a regular municipal election. The…

Except as otherwise provided in this section, if a vacancy exists on a municipal governing body, the remaining members must appoint a replacement to serve until the next regular municipal election. The governing body may call a special election to fill the vacancy for the remaind…

The governing body of any municipality may, by ordinance enacted prior to the vacancy, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and this sect…

If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act i…

Except as otherwise provided, each ward constitutes an election precinct. If the number of voters in any ward is greater than five hundred, the governing body may, by ordinance, divide the ward into two or more precincts. If the number of voters in any two or more contiguous ward…

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body. Any vacancy on the election board that arises between the time of appointment and the day of the elec…

Notwithstanding the redistricting provided in § 9-13-16 , the term of office of any member of the governing body whose term of office extends beyond the next regular municipal election is not affected. The governing body shall, by ordinance, designate the district the member is t…

The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. The ballots shall be prescribed by the State Boa…

The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal. Source: SL 1890, ch 37 , art XIV, § 5; RPolC 1…

The returns from a municipal election must be certified by the precinct election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, must be placed in the custody of the municipal finance officer. The finance officer may des…

Except as otherwise provided in this section, the person having the highest number of votes for any municipal office is elected. The governing body of any municipality may, by ordinance enacted at least six months before the election, require a runoff election to be conducted pur…

If a municipality has passed an ordinance requiring a runoff election, and no candidate in a race involving three or more candidates receives a majority of the votes cast in the race, a runoff election shall be held three weeks from the date of the first election. At the runoff e…

The finance officer shall have a notice of election published once during the week next preceding any runoff election. The notice shall include a list of all persons appearing on the ballot for the election. A facsimile of the official ballot need not be published for runoff elec…

If a tie vote exists after a canvass of original official returns, the governing body making the canvass shall certify the vote to the finance officer. The finance officer shall then notify the candidates that if no request for recount is made in writing to the finance officer wi…

If any candidate for the municipal governing body is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, or by a margin of five votes or less, the candidate may, within five days after completion of the official canvass, file …

Notwithstanding any other provisions of law, recounts of municipal ballot questions shall be conducted if, within five days after completion of the official canvass of a municipal ballot question election at which a question is approved or disapproved by a margin not exceeding tw…

The finance officer, within two days after the result of the election is declared, shall notify each person elected to office of the person's election. If a person does not qualify by filing an oath or affirmation of office in the usual form provided by law within ten days after …

In any municipality, with or without a city manager, the mayor, any commissioner, any alderman, or any member of the board of trustees may be removed from office at any time by the voters qualified to vote for a successor as provided in §§ 9-13-30 to 9-13-32 , inclusive. Source: …

A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed …

The governing body shall, within ten days of presentation, order and fix the date for holding a special election on a Tuesday between thirty and fifty days from the date of the order. If a petition is filed within six months of the next regular municipal election and within suffi…

Any mayor, commissioner, alderman, or trustee sought to be removed may be a candidate to succeed himself or herself and, unless the incumbent requests otherwise in writing, the auditor shall place the incumbent's name on the official ballot without nomination. The auditor shall a…

If the incumbent shall be elected, he shall continue in office and not be obliged again to qualify. Source: SL 1913, ch 119 , § 15; RC 1919, § 6332; SL 1937, ch 176 , § 1; SDC 1939, § 45.1325; SL 1963, ch 280 .

If some person other than the incumbent is elected, the incumbent shall be deemed removed from office upon or at the expiration of the time for qualification of his successor. The successor shall qualify within ten days after receiving notification of his election, and in case of…

The successor of any removed mayor, commissioner, alderman, or trustee shall hold office during the remainder of the predecessor's unexpired term. Source: SL 1913, ch 119 , § 15; RC 1919, § 6332; SL 1937, ch 176 , § 1; SDC 1939, § 45.1325; SL 1963, ch 280 ; SL 2009, ch 34 , § 4.

If a municipality is divided into wards and all of the wards use the same polling places, the governing body of the municipality may appoint a single election board for all of the wards. The election board appointed pursuant to this section shall consist of a minimum of one judge…

Any other provision of this chapter notwithstanding, the governing body of a municipality shall, in even-numbered years, hold the general municipal election in conjunction with the regular June primary election or the regular November general election. The expenses and government…

No person may vote at any municipal election unless the person is registered to vote pursuant to chapter 12-4 and resides in the municipality at the time of the election. For the purposes of this section, a person resides in the municipality if the person actually lives in the mu…

If a municipality schedules a regular election on the first Tuesday after the first Monday in November, the term of office for each office holder whose term was to expire earlier in that year must have the term extended until the office holder or another candidate for the office …

No election may be held in any municipality, or ward thereof, if: (1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and (2) No other question is to be submitted to the voters. The auditor or clerk shall iss…

The finance officer of the municipality shall have a notice published in the official newspaper of the municipality setting forth the vacancies that will occur by termination of the terms of office of elective officers. The notice must also state the time and place where nominati…

If more than one commissioner or alderman is to be elected for a like term, the governing body may, at least six months before the election, approve an ordinance requiring that candidates run for a specific position representing one of the incumbent seats. Source: SL 1996, ch 59 …

No candidate for elective municipal office may be nominated unless the candidate files a nominating petition with the municipal finance officer no later than five p.m. local time, on the third Tuesday of March, for an election held on the first Tuesday after the first Monday in J…

Any candidate who has filed a nominating petition pursuant to § 9-13-7 may withdraw from the nomination by making a written request under oath. The candidate shall file the request with the municipal finance officer. The finance officer may not print the name of a candidate if th…

If a candidate is to be elected at large in a first-class or second-class municipality, a nominating petition must be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday …