Title 3 — PUBLIC OFFICERS AND EMPLOYEES
37 chapters · 1,057 sections in this title.
SDCL § 3-4-1 Events causing vacancy in office
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An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term of the office; the person: (1) Dies; (2) Resigns; (3) Is removed from office; (4) Fails to qualify as provided by law; (5) Ceases t…
SDCL § 3-4-10 Replacement of vacancy on appointed board or commission--Time limitation--Person deemed reappointed
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If any position on a board or commission whose members are appointed by the Governor without the consent of the Senate becomes vacant pursuant to § 3-4-1 , the Governor must appoint a person to fill the vacancy within one hundred twenty days of the occurrence of the vacancy. If t…
SDCL § 3-4-2 Resignation of office--To whom made
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Resignations may be made as follows: (1) Of all state and district officers, either elective or appointive, to the Governor; (2) Of all members of the Legislature to the presiding officer of its branches respectively when in session, and when not in session to the Governor; and w…
SDCL § 3-4-3 Appointments to fill vacancies--By whom made
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All vacancies, except in the office of a member of the Legislature, representative in Congress, and United States Senator, shall be filled by appointment, as follows: (1) The attorney general, secretary of state, state auditor, state treasurer, and commissioner of school and publ…
SDCL § 3-4-4 Board of county commissioners--Filling vacancies
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When a vacancy occurs in the board of county commissioners, the remaining board members must appoint a suitable person to fill the vacancy from the district where the vacancy occurs. The board has thirty-five days to fill the vacancy or until the conclusion of the second regular …
SDCL § 3-4-5 Vacancies occurring immediately prior to election
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If a vacancy occurs within thirty days preceding an election day at which it may be filled, no appointment shall be made unless it be necessary to carry out such election and the canvass of the same according to law; in that case an appointment may be made at any time previous to…
SDCL § 3-4-6 Appointments in writing--Duration of appointment--Filling of vacancies--Office where filed
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Appointments to state offices shall be made in writing and shall continue for the remainder of the unexpired term of office. Unless otherwise provided by law, all other appointments shall be made in writing and shall continue until the next general election and until a successor …
SDCL § 3-4-7 Qualification by persons appointed to fill vacancies
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Persons appointed to offices as herein provided shall qualify in the same manner as is required of those elected, the time of which shall be prescribed in their appointment. Source: SL 1864-5, ch 12 , § 6; PolC 1877, ch 22, § 12; CL 1887, § 1396; RPolC 1903, § 1815; RC 1919, § 70…
SDCL § 3-4-8 Temporary resignation for members of National Guard or reserves--Notice--Temporary replacement--Length of term
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If any member of a governing body of a county, municipality, school district, township, or special purpose district, who is also a member of the South Dakota National Guard or another reserve component of the armed forces of the United States, is called into active duty which cau…
SDCL § 3-4-9 Temporary resignation of elected official--Notice--Temporary replacement--Length of term
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If any member of a governing body or any other elected officer of a county, municipality, school district, township, or special purpose district, who is incapacitated by illness or an accident which causes the member or officer to be unable to attend meetings of the governing bod…