South Dakota Codified Laws
Chapter 13 - Municipal Elections
Section 9-13-14.3 - Elected official to hold office until vacancy filled.

9-13-14.3. Elected official to hold office until vacancy filled.
If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to §9-13-14.1 or 9-13-14.2.

Source: SL 2014, ch 50, §1.

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Structure South Dakota Codified Laws

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 9-13-1.1 - Joint municipal and school district elections authorized--Date--Sharing costs and responsibilities.

Section 9-13-1.2 - Dates associated with joint election.

Section 9-13-4.1 - Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election.

Section 9-13-5 - Election not held in absence of contest--Certificate of election issued to unopposed candidates.

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 9-13-9 - Number of signers required for nominating petitions in first, second, and third class municipalities--Time for circulating petitions.

Section 9-13-11 - Residence mailing address and date added to signature--Form and verification of petition.

Section 9-13-13 - Notice of municipal election--Publication or posting.

Section 9-13-14 - Special elections governed by general provisions--Questions to be stated in notice.

Section 9-13-14.1 - Filling of vacancy on municipal governing body--Appointment or special election.

Section 9-13-14.2 - Special election to fill vacancy on governing body or in office of mayor--Procedures.

Section 9-13-14.3 - Elected official to hold office until vacancy filled.

Section 9-13-16 - Election precincts--Division and consolidation of wards into precincts--Application to state and county elections.

Section 9-13-16.1 - Precinct election boards.

Section 9-13-16.2 - Terms of and representation by members of governing body following redistricting.

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 9-13-26.1 - Runoff election when no candidate receives a majority of votes--Conduct of election.

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 9-13-30 - Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition.

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 9-13-34 - Removal of incumbent from office by election of another at recall--Qualification of successor.

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.

Section 9-13-40 - Municipal elections held on first Tuesday after first Monday in June--Notice--Nominating petitions.