Title 9 — MUNICIPAL GOVERNMENT

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…

9-13-9 Municipal office--Nominating petition--Signers required--Time for circulating. 9-13-10

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 …

9-13-17. Repealed by SL 1973, ch 67 , § 4. 9-13-18 to 9-13-20. Repealed by SL 1971, ch 56 , § 3.

Source: SL 1890, ch 37 , art VI, § 4; RPolC 1903, § 1238; SL 1913, ch 119 , § 60; RC 1919, § 6272; SL 1920 (SS), ch 72 ; SDC 1939, § 45.1106; SL 1971, ch 58 , § 1; SL 1992, ch 60 , § 2; SL 2014, ch 51 , § 1; SL 2026, ch 33 , § 7.

Any individual appointed to fill a vacancy for an elective office shall begin discharging the duties of the office as soon as the individual has qualified by filing an oath or affirmation of office, as provided in §

9-14-1.1

9-14-2 Residence requirement for election to office--Exceptions--Defaulters ineligible. 9-14-3 Appointment of officers. 9-14-4 Commissions and certificates of appointment. 9-14-5 Qualification and discharge of duties of office by appointive and elective officers. 9-14-6 Oath of a…

The removal of any municipal officer from the ward or municipality for which the officer was elected or appointed, or the officer's failure, within ten days after the first meeting of the month following the election or appointment, to qualify and begin the duties of office, caus…

9-14-12 Removal from office of officer appointed by governing board. 9-14-13 Removal of appointive officers. 9-14-14 Civil service ordinance--Procedure for suspension or removal of employee--Initiated ordinance required for repeal--Appeal. 9-14-15 Removal of civil service employe…

Except as otherwise provided, any appointed officer of a municipality governed by a board of commissioners or board of trustees may be removed by a majority vote of all members of the governing body who are qualified to serve on the governing body by election or appointment pursu…

In a municipality governed by a mayor and common council pursuant to chapter 9-8 , the mayor may remove from office any officer appointed by the mayor, if the mayor believes the removal is in the interest of the municipality. The mayor shall report the reasons for removal to the …

Any municipality may adopt an ordinance establishing a civil service system for its municipal employees, law enforcement officers, and firefighters, which provides for: (1) The appointment of a civil service board, prescribing its powers, duties and compensation; and (2) The susp…

Except as otherwise provided in this section, municipal employees, law enforcement officers, and firefighters appointed under any civil service ordinance and not represented by any labor or employee organization authorized by chapter 3-18 may be removed only pursuant to the provi…

No mayor, alderman, commissioner, or trustee may hold any other office under the municipality while an incumbent of such office. The term "office" does not include membership on any municipality board, if the ordinance or resolution establishing the board specifically includes th…

The provisions of § 9-14-16 do not prohibit any mayor, alderman, commissioner, or trustee from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for such service does not exceed five thousand dollars per …

A municipal finance officer shall: (1) Keep an office at a place directed by the governing body; (2) Keep the corporate seal and all documents and records of the municipality; (3) Attend all meetings of the governing body; (4) Keep a record of the proceedings of the governing bod…

The municipal finance officer shall keep regular books of account in which shall be entered all indebtedness of the municipality, and which shall at all times show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other evidences of inde…

The municipal finance officer shall supervise the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit except that for those municipalities administered under the city manager form of g…

Except as otherwise provided, no person may hold any elected municipal office who is not a qualified voter of the municipality and who has not resided therein at least three months next preceding his election or appointment. If the person has resided in an area annexed, pursuant …

The municipal finance officer shall keep a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of…

The municipal finance officer shall examine all reports, books, papers, vouchers, and accounts of the treasurer; audit and adjust all claims and demands against the municipality before they are allowed by the governing body; and keep a record of the finance officer's acts and doi…

When required by the governing body or any officer of the first and second class municipality, the city attorney shall furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer; conduct the prosecution of all actions or …

The governing body of any municipal corporation may contract for legal services or employ an attorney under such terms and conditions as the governing body shall deem proper. Any contract for legal services with an attorney shall be made by ordinance or resolution. Such contract …

If a municipality chooses to employ or retain a person to serve as a city engineer, the city engineer shall be a licensed professional engineer under chapter 36-18A . If the city engineer is not also licensed as a land surveyor under chapter 36-18A , the city engineer shall deleg…

9-14-26 Jurisdiction of municipal peace officers in service of process. 9-14-27 Additional duties prescribed for municipal officers. 9-14-28 Salaries and compensation of municipal officers. 9-14-29 Civil process fees accounted for by policemen. 9-14-30 Life, health and accident i…

Any law enforcement officer of a municipality that is situated in more than one county may serve and execute any civil or criminal process within any of the counties in which the municipality is situated. Source: SL 1890, ch 37 , art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119…

A governing body may prescribe by ordinance additional duties to be performed by any appointed municipal officer not inconsistent with the laws of this state. Source: SL 1890, ch 37 , art XXII, § 2; RPolC 1903, § 1381; RC 1919, § 6283; SDC 1939, § 45.1117; SL 2026, ch 33 , § 21.

Except as otherwise specially provided, the governing body of every municipality shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid. Source: PolC 1877, ch 24, § 44; CL …

Every chief of police or other policeman, receiving a salary for his services, shall account for and pay over on or before the end of each month to the treasurer all fees received by him in the service of any civil process, taking a receipt therefor and filing an itemized account…

Each municipality may determine, by ordinance, which officers are to be appointed and describe the duties of each appointed officer. Except as provided in chapter 9-10 : (1) In municipalities governed by a mayor and common council, each appointed officer is appointed by the mayor…