9-13-30. Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition.
A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the finance officer and presented by the finance officer to the governing body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The petition shall contain a specific statement of the grounds on which removal is sought. The form for the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter 1-26. No signature on a petition is valid if signed more than sixty days before the filing of the petitions. When a petition to recall is filed with the finance officer, the finance officer shall present the petition to the governing body at its next meeting. Only the petition signatures may be challenged in the manner established in §§12-1-13 to 12-1-16, inclusive. A failure to challenge petition signatures pursuant to §§12-1-13 to 12-1-16, inclusive, does not prohibit an interested person from challenging the filing of the recall petition or the sufficiency of the specific statement of the grounds of the recall petition.
A challenge to the recall petition regarding the specific statement of the grounds of the recall petition must be filed in circuit court within five business days of the filing of the recall petition. The circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.
Source: SDC 1939, §45.1325; SL 1963, ch 280; SL 1968, ch 184; SL 1979, ch 50, §6; SL 1983, ch 52, §6; SL 1987, ch 67, §13; SL 1992, ch 60, §2; SL 1997, ch 48, §1; SL 2009, ch 34, §2; SL 2016, ch 49, §1.
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.