9-13-26.1. Runoff election when no candidate receives a majority of votes--Conduct of election.
If a municipality has passed an ordinance requiring a runoff election, and no candidate in a race involving three or more candidates receives a majority of the votes cast in the race, a runoff election shall be held three weeks from the date of the first election. At the runoff election, the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. However, if there is a tie for second place in the first election and there is no tie for first place, all tying second place candidates shall be placed along with the first place candidate on the ballot for the runoff election. The runoff election shall be held at the same polling places and shall be conducted, returned, and canvassed in the same manner as the first election. The result shall be declared and entered in the minutes of the municipality in the same manner as the first election. The person receiving the highest number of votes at the runoff election is elected.
Source: SL 2010, ch 74, §8; SL 2017, ch 69, §6.
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.