9-13-9. Number of signers required for nominating petitions in first, second, and third class municipalities--Time for circulating petitions.
In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.
If the candidate is to be voted for by the voters of a ward of a municipality of the first or second class having more than one ward, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.
In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. A petition signer in a municipality of the third class is not restricted in the number of petitions which the person may sign.
No nominating petition may be circulated until on or after the last Friday in January before the election.
Source: SL 1913, ch 119, §106; SL 1915, ch 115, §4; RC 1919, §6320; SDC 1939, §45.1309; SL 1973, ch 49; SL 1978, ch 60, §2; SL 1980, ch 64, §1; SL 1981, ch 67; SL 1983, ch 52, §4; SL 1986, ch 67, §5; SL 1987, ch 76, §1; SL 1988, ch 63, §7; SL 1992, ch 60, §2; SL 2004, ch 75, §4; SL 2017, ch 57, §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.