12-11-1. Special election to fill congressional vacancy--Time of election of representative.
If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.
Source: SL 1890, ch 84, §19; RPolC 1903, §1956; SL 1915, ch 182, §2; RC 1919, §§7214, 7308; SL 1929, ch 117, §5; SDC 1939, §§16.0602, 16.1401; SDCL, §12-11-2; SL 1974, ch 118, §46; SL 1979, ch 99, §5.
Structure South Dakota Codified Laws
Chapter 11 - Special Congressional Elections
Section 12-11-3 - Filing of nominations--Certification--Conduct of elections.
Section 12-11-4 - Temporary appointment by Governor to fill vacancy in United States Senate.
Section 12-11-5 - Special election to fill senate vacancy.
Section 12-11-6 - No special election if appointed senator's term expires at normal time.
Section 12-11-7 - Vacancy within ninety days of general election--Concurrent elections.
Section 12-11-8 - Nominations for specially elected senator--Vacancy near primary election.