Title 8 — TOWNSHIPS

No township with a population of twenty or fewer resident voters is required to publish a notice of the time and place of an annual meeting more than once in any publication. Source: SL 1992, ch 58 , § 2; SL 2002, ch 44 , § 1.

At the opening of every township meeting the moderator shall state the business to be transacted, and the order in which it shall be entertained, and no proposition to vote a tax shall be acted on out of the order of business as stated by the moderator, and no proposition to reco…

The minutes of the proceedings of every township meeting, subscribed by the clerk and judges of such meeting, shall be filed in the office of the township clerk within two days after such meeting. Source: SL 1883, ch 112 , subch 1, § 31; CL 1887, § 732; RPolC 1903, § 1024; RC 191…

There shall be elected at such annual township meeting one supervisor, who shall hold his office for the term of three years and until his successor is elected and qualified, the senior member of the board of supervisors to be chairman thereof. In any organized civil township con…

At each annual meeting, a clerk and a treasurer shall be elected, and a constable may be elected. If a constable is elected, the term of office is two years, except to fill vacancies. Source: SL 1872-3, ch 51 , §§ 12, 24; PolC 1877, ch 23, § 19; CL 1887, § 715; SL 1899, ch 84 , §…

The voters of each organized civil township with fifty or fewer resident voters may combine the offices of the clerk and treasurer during the annual meeting. If a majority of the voters vote to combine the offices, the combined office of the clerk and treasurer shall be nominated…

Before the voters proceed to elect any township officer, proclamation shall be made at the opening of the polls by the moderator, and proclamation shall in like manner be made of the adjournment, and of the opening and closing of the polls, until the election is ended. Source: SL…

The supervisors, treasurer, clerk, and constable in each township shall be elected by ballot except if there is no opposing candidate. All other officers, if not otherwise provided by law, shall be chosen either by yeas and nays or by a division, as the voters determine. Source: …

When the voters vote by ballot for township officers, a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received. The ballot, which may be written or printed, or partly written and partly printed, shall include …

At the close of the election the judges shall proceed publicly to canvass the votes, which canvass, when commenced, shall continue without adjournment or interruption until the same is completed. The canvass shall be conducted by taking one ballot at a time from the ballot box an…

If nominating petitions are required pursuant to § 8-3-1.1 , then any voter qualified to vote in a township candidate election may vote by absentee ballot as prescribed in chapter 12-19 . Absentee voting shall be allowed for any township ballot question election and shall be cond…

The clerk of every township meeting, within ten days thereafter, shall transmit to each person elected to any township office, whose name is not entered on the poll list as a voter, notice of his election. Source: SL 1872-3, ch 51 , § 31; PolC 1877, ch 23, § 24; SL 1883, ch 112 ,…

If any township refuses or neglects to organize and elect officers at the time fixed by law for holding the annual meeting, twelve resident voters of the township may call a meeting for such purpose by notice published in the same manner as provided for the publication of notice …

The voters of each organized civil township have power at their annual meeting: (1) To select such township officers as are required by law to be chosen; (2) To vote to levy a tax for authorized township purposes, but the levy may not exceed the limit authorized by law. Source: S…

If no such notice is given as provided in § 8-3-19 within thirty days after the time for holding the annual meeting, the board of county commissioners shall, on the affidavit of any resident voter of the township, filed in the office of the county auditor setting forth the facts,…

The township governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27 . Source: SL 1988, ch 60 , § 3; SL 2008, ch 67 , § 19.

Special meetings of the township electors may be held for the purpose of electing township officers to fill vacancies that occur, or for the purpose of transacting any lawful business if the entire board of supervisors files or if two members of the board of supervisors, together…

Every township clerk with whom such statement is filed as required in § 8-3-3 shall record the same and immediately cause notice to be published in the same manner as provided for the publication of notice of the annual township meeting. However, in a township with a population o…

The voters present at the annual or special township meeting shall be called to order by the township clerk, if there is one present, and if not the voters shall elect one of their number chairman. Such voters shall elect three of their number judges, who shall be duly sworn and …

No person may vote at any township meeting unless the person is registered to vote in the township pursuant to chapter 12-4 and resides in that township. For the purposes of this section, a person resides in the township if the person actually lives in the township for at least t…

Every person who votes at any civil township meeting, in a township in which he does not reside, or who offers to vote at any annual township meeting, after having voted at an annual township meeting held at another township within the same year, is guilty of a Class 2 misdemeano…

If any person is challenged as being unqualified when offering to vote at any township election or upon any question arising at any township meeting relating to a person's residency, the judges, or township clerk, if no judges are present, must have the person sign an affidavit a…

Any person qualified to vote at a township meeting is eligible to any township office. No person may hold a township office unless he resides in the township. Source: SL 1883, ch 112 , subch 1, § 34; CL 1887, § 737; RPolC 1903, § 1029; RC 1919, § 6069; SDC 1939, § 58.0401; SL 198…

The board of supervisors may, for sufficient cause shown, accept the resignation of any township officer and thereupon it shall give notice thereof to the township clerk. Source: SL 1883, ch 112 , subch 1, § 46; CL 1887, § 751; RPolC 1903, § 1044; RC 1919, § 6077; SDC 1939, § 58.…

If any township fails to elect any township officer, or if any person elected to an office fails to qualify by refusing to serve in such office or by not being a registered voter or by not having residence in the township, or if any vacancy happens in any office from death, resig…

If for any cause any member of the appointing board prescribed by § 8-4-11 is unable to act, the remaining members of such appointing board shall select a voter of the township to act in his place, and the board so constituted shall proceed as required by §

A board of supervisors may not, by any method or means, prohibit or restrict an individual who is a township employee, officer, or volunteer, from lawfully possessing any concealed firearm and compatible ammunition, while the individual is within any township building, facility, …

8-4-3 Oath of office of township officers. 8-4-4 Clerk to require elected officers to qualify--Refusal or neglect as petty offense. 8-4-5 Failure to file oath or bond as refusal of office. 8-4-6 Forfeiture for entry on office without taking oath. 8-4-7 Term of office of officers.…

Each person elected or appointed to any township office, shall, within ten days after receiving notice of election or appointment and before entering upon the discharge of the officer's duties, take and subscribe an oath or affirmation as required by §

The township clerk shall require all legally elected officers, who accept the office to which they are elected, to duly qualify within the time prescribed by law and in accordance with the provisions of law. A township clerk who refuses or neglects to procure and file the bonds o…

If any person elected or appointed to any township office, of whom an oath or bond is required, neglects to file the same within the time prescribed by law, such neglect shall be deemed a refusal to serve in such office. Source: SL 1883, ch 112 , subch 1, § 42; CL 1887, § 747; RP…

If any township officer who is required by law to take an oath of office enters upon the duties of his office before taking such oath, he forfeits to such township the sum of fifty dollars. Source: SL 1883, ch 112 , subch 1, § 43; CL 1887, § 748; RPolC 1903, § 1042; RC 1919, § 60…

All township officers, except as otherwise expressly provided, shall hold their offices for the term of one year and until their successors are elected or appointed and qualified. Source: SL 1883, ch 112 , subch 1, § 45; CL 1887, § 750; RPolC 1903, § 1043; RC 1919, § 6076; SDC 19…

Except as otherwise provided in this section and § 1-27-35 , the clerk, treasurer, and supervisors may each receive an annual salary, plus compensation for each day necessarily devoted to the discharge of their official duties when attending to business in the township. The voter…

8-4-10 Acceptance and notice of resignation by township officer. 8-4-11 Filling of vacancy in township office. 8-4-12 Vacancy in board filling vacancies. 8-4-13 Lawful possession of concealed firearm--Personnel prohibition or restriction not permitted--Individuals excluded--Liabi…

In case of inclement weather, any required township meeting may be rescheduled for the following Tuesday at the same place and location without additional publication in the newspaper and meeting requirements provided in §

The township board of supervisors shall hold regular meetings on the last Tuesday of February, the last Tuesday of March, and the last Tuesday of October, of each year. The meetings shall be held at the office of the township clerk or the location established in § 8-3-1 at a time…

All appeals taken as prescribed by § 8-5-8 shall be heard and determined de novo. The circuit court may make a final judgment and cause the same to be executed or may send the same back to the board of township supervisors with an order how to proceed, and require the board to co…

An appeal to the Supreme Court from the final judgment of the circuit court shall be permitted as provided for in civil cases. Source: SL 1961, ch 454 , § 3.

The provisions of §§ 8-5-8 to 8-5-11 , inclusive, shall be cumulative to any existing remedies, proceedings, or actions available against township and township officers. Source: SL 1961, ch 454 , § 4.

No township may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any or…

A county official of any county that maintains an official website shall post thereon the name and phone number of each person serving on a board of township supervisors within the county. Source: SL 2019, ch 52 , § 1.

A township may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a township fails to comply with the order, the attorney general must bring an action in the name of the state for …

At each regular meeting, the board shall perform the duties required of it by law and transact any other business that may legally come before it. The board may adjourn from time to time. The township clerk or the chairman of the board of township supervisors may call special ses…

Except as otherwise specifically provided any two of the supervisors shall constitute a quorum for the performance of any duties required by law of the supervisors. Source: SL 1872-3, ch 51 , § 61; PolC 1877, ch 23, § 35; SL 1883, ch 112 , subch 1, § 63; CL 1887, § 775; RPolC 190…

The board shall have charge of such affairs of the township as are not by law committed to other officers; and it shall have power to draw orders on the township treasurer for the disbursement of such sums as may be necessary for the purpose of defraying the incidental expenses o…

The board shall, in the name of the township, prosecute for the benefit of the township all actions upon bonds given to it and shall also sue for and collect all penalties and forfeitures in respect to which no other provision is made, incurred by any officer or inhabitant of the…

The township board of supervisors shall perform the duties of a board of equalization of township assessments, as provided in the section of this code relating to assessment and taxation. Source: SL 1897, ch 28 , § 36; RPolC 1903, § 1091; RC 1919, § 6091; SDC 1939, § 58.0509. 8-5…

8-5-8 Appeals from board of supervisors--Time for taking--Service and filing of notice. 8-5-9 Transcript filed by board on appeals--Settlement and framing of issues. 8-5-10 Hearing de novo on appeals--Judgment and order of circuit court. 8-5-11 Appeals to Supreme Court. 8-5-12 Ap…

From all decisions, orders, and resolutions of the boards of supervisors of townships, there shall be allowed an appeal by any person aggrieved thereby upon compliance with this section. Such appeals shall be taken within twenty days after the publication of the decision, order, …