Title 9 — MUNICIPAL GOVERNMENT

Except as otherwise provided in § 9-13-1.3 , each municipality must hold an election of officers each year on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, at a place in each ward of the municipality designated by the go…

Any other provision of this chapter notwithstanding, the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election must be approved by the board of the sch…

Source: SL 1985, ch 119 , § 11; SL 1986, ch 67 , § 1; SL 2004, ch 75 , § 1; SL 2025, ch 40 , § 21, eff. Jan. 1, 2026. Effective July 1, 2026

The governing body of a municipality may, by ordinance, choose to hold the regular municipal election only in even-numbered years. If the governing body adopts an ordinance to hold the regular municipal election only in even-numbered years, the governing body must designate the n…

9-13-11 Residence mailing address and date added to signature--Form and verification of petition. 9-13-12

Each voter signing a nominating petition or the person circulating such petition shall add to the voter's signature the voter's residence mailing address and the date of signing. The petition may be composed of several sheets, which shall have identical headings and shall be veri…

9-13-13 Notice of municipal election--Publication or posting. 9-13-14 Special elections governed by general provisions--Questions to be stated in notice. 9-13-14.1 Filling of vacancy on municipal governing body--Appointment or special election. 9-13-14.2 Special election to fill …

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…

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…

9-13-16 Election precincts--Division and consolidation of wards into precincts--Application to state and county elections. 9-13-16.1 Precinct election boards. 9-13-16.2 Terms of and representation by members of governing body following redistricting. 9-13-17

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…

9-13-18 9-13-18 to 9-13-20. Repealed by SL 1971, ch 56 , § 3. 9-13-21 Ballots--Preparation--Availability--Form--Candidate names. 9-13-22

9-13-3

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…

9-13-23

9-13-24 Return and canvass of votes. 9-13-25 Election result--Highest vote total or runoff. 9-13-26

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…

9-13-26.1 Runoff election when no candidate receives a majority of votes--Conduct of election. 9-13-27

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…

9-13-27.1 Runoff election--Notice. 9-13-27.2 Tie vote--Recount--Determination by lot. 9-13-27.3 Request for recount--Recount board established. 9-13-27.4 Recount on ballot question--Recount board. 9-13-28 Notice to persons elected--Time allowed for qualification. 9-13-29 Municipa…

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…

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: …

9-13-4

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 annual municipal election and within sufficient …

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…

9-13-4.1 Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election. 9-13-5 Unopposed candidates, no ballot measures--No election--Certificate issued. 9-13-5.1

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…

Source: SL 1996, ch 60 , § 8; SL 2005, ch 87 , § 4; SL 2007, ch 81 , § 2; SL 2025, ch 40 , § 22, eff. Jan. 1, 2026.

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…

9-13-6 Notice of vacancies in office--Publication. 9-13-6.1 Individual contests authorized when more than one seat vacant. 9-13-7 Municipal office--Nominating petition--Contents. 9-13-7.1 Withdrawal or death of candidate--Procedure. 9-13-8

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…