9-13-14.2. Special election to fill vacancy on governing body or in office of mayor--Procedures.
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 section. No special election may be held less than ninety days before the annual municipal election. The finance officer of the municipality shall publish a notice in the official newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by special election, the date of the election, and the time and place where nominating petitions may be filed for the office. The notice shall be published once each week for two consecutive weeks beginning at least sixty days before the date of the special election. Nominating petitions for the vacancy shall be prepared and filed as provided in §9-13-7, may not be circulated more than sixty days before the date of the special election, and shall be filed at least thirty days before the date of the special election. The number of signers required for a nominating petition shall be calculated as provided in §9-13-9. If a nominating petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. A notice of the special election shall be published as provided in §§9-13-13 and 9-13-14.
Source: SL 2005, ch 48, §6; SL 2010, ch 74, §6; SL 2019, ch 53, §3.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 13 - Municipal Elections
Section 9-13-1 - Date of annual municipal election--Hours of voting.
Section 9-13-1.2 - Dates associated with joint election.
Section 9-13-6 - Publication of notice of vacancies--Times.
Section 9-13-6.1 - Individual contests authorized when more than one seat vacant.
Section 9-13-7 - Municipal office--Nominating petition--Contents.
Section 9-13-7.1 - Withdrawal or death of candidate--Procedure.
Section 9-13-13 - Notice of municipal election--Publication or posting.
Section 9-13-14.1 - Filling of vacancy on municipal governing body--Appointment or special election.
Section 9-13-14.3 - Elected official to hold office until vacancy filled.
Section 9-13-16.1 - Precinct election boards.
Section 9-13-21 - Ballots--Preparation--Availability--Form--Candidate names.
Section 9-13-24 - Return and canvass of votes.
Section 9-13-25 - Election result--Highest vote total--Runoff by ordinance.
Section 9-13-27.1 - Runoff election--Notice.
Section 9-13-27.2 - Tie vote--Recount--Determination by lot.
Section 9-13-27.3 - Request for recount--Recount board established.
Section 9-13-27.4 - Recount on ballot question--Recount board.
Section 9-13-28 - Notice to persons elected--Time allowed for qualification.
Section 9-13-29 - Municipal officers subject to recall.
Section 9-13-31 - Special or annual election--Notice.
Section 9-13-32 - Recall election--Incumbent--Other candidates--Runoff.
Section 9-13-33 - Continuation of incumbent in office if re-elected.
Section 9-13-35 - Term of office of successor elected at recall election.
Section 9-13-36 - Election board for wards--Compensation.
Section 9-13-37 - Municipal elections held in conjunction with June primary elections.