amend provisions pertaining to the timing of municipal elections.

26.223.33 101st Legislative Session 1030

2026 South Dakota Legislature
House Bill 1030
ENROLLED

AN ACT

ENTITLED An Act to amend provisions pertaining to the timing of municipal
elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-1-1 be AMENDED:
9-1-1. Terms used in this title, unless the context otherwise plainly requires,
mean:
(1) "County," the county or counties where a municipality is located;
(2) "Governing body," the board of trustees, the board of commissioners, or the
common council of a municipality;
(3) "Lot" includes parcel or tract of land;
(4) "Municipal corporation" or "municipality," any city or town that is organized
pursuant to this title;
(5) "Owner," the grantee in the last deed of conveyance of any lot or parcel of land
recorded in the office of the register of deeds of the county or counties in which
the municipality is located, or the heirs or successors to the grantee;
(6) "Publish," publication in an official newspaper of the municipality as designated by
the governing body pursuant to § 9-12-6; and
(7) "Regular election," the municipal election held pursuant to § 9-13-1 or section 19
of this Act.
Section 2. That § 9-4-4.7 be AMENDED:
9-4-4.7. The governing body shall within ten days after the presentation of a
petition pursuant to § 9-4-4.5, fix a date for holding a special election, to be on a Tuesday
not less than thirty nor more than fifty days from the date of the order of the governing
body. If a petition is filed on or after January first prior to the regular municipal election
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and within sufficient time to comply with the provisions of § 9-13-14, the question must
be submitted at that election.
A special election must be conducted pursuant to §§ 9-20-12 to 9-20-14, inclusive,
and §§ 9-20-16 and 9-20-17, and must be under the charge of the municipal finance
officer.
Section 3. That § 9-5-3 be AMENDED:
9-5-3. An election on the proposition of consolidating contiguous municipalities,
as called by resolution, must be noticed, held, conducted, and canvassed, as provided for
a special or regular municipal election set pursuant to § 9-13-1 or section 19 of this Act,
as applicable.
Section 4. That § 9-5-5 be AMENDED:
9-5-5. After the resolutions proposing the plan for annexation take effect, the
municipality to be annexed must, by resolution, submit the question of annexation to the
voters of the municipality, at a special election called for that purpose and held pursuant
to § 9-13-14, or at the next regular municipal election set pursuant to § 9-13-1 or section
19 of this Act, provided that any election must be held within sixty days after the
resolutions proposing the plan for annexation take effect.
Section 5. That § 9-5-7 be AMENDED:
9-5-7. If a majority of the votes cast in the election held in the municipality to be
annexed are in favor of annexation, the governing body of the municipality must adopt a
resolution to publish the result of the election. Within ten days after the election, the
financial officer of the municipality to be annexed shall file a certified copy of the whole
proceedings for the annexation with the financial officer of the municipality to which the
annexation is to be made.
Upon the filing of the certified copy, the governing body of the municipality to which
annexation is to be made shall, by resolution, submit the question of annexation to the
voters of the municipality at a special election called for that purpose. The resolution must
fix the date of the election to be within sixty days after the filing of the certified copy of
the proceedings, as provided in this section. If the certified copy of the proceedings is filed
within the ninety days prior to a regular municipal election and within sufficient time to
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comply with the provisions of chapter 9-13, the question must be submitted at that
election.
Section 6. That § 9-6-10 be AMENDED:
9-6-10. If the governing body of a municipality with a population of less than one
thousand at the time of filing is presented with a petition for dissolution 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, the governing body must call a
special election to determine whether the municipality must be dissolved, by giving fifty
days' published notice.
A signature on the petition is not valid if signed more than six months prior to the
filing of the petition. If any petition is presented on or after January first prior to the
regular municipal election and within sufficient time to comply with the provis ions of
chapter 9-13, the question of dissolution must be submitted at that election.
Section 7. That § 9-7-3 be AMENDED:
9-7-3. A member of the board of trustees holds office for a term of three years
and until the member's successor is elected and qualified. A vacancy on the board must
be filled as provided in § 9-13-14.1 or 9-13-14.2. A board of trustees may, by resolution,
increase the length of terms from three to four years for the purpose of conducting the
regular municipal election only in even-numbered years, as provided in section 19 of this
Act.
For purposes of staggering terms, when a municipality is organized, the trustees
must be elected for terms of one, two, and three years at the first regular election. At
subsequent elections each trustee must be elected for a term of three years.
Section 8. That § 9-8-2 be AMENDED:
9-8-2. If there is a vacancy from any cause in the office of the mayor, the vacancy
must be filled by a motion supported by a majority vote of all the aldermen. The motion
must be made at a meeting of the aldermen held as soon as practicable after the vacancy
occurs. The individual appointed as the mayor serves until the office is filled by election
for the unexpired term at the next regular election or by special election as provided in
§ 9-13-14.2. A special election may not be held if the vacancy in the office of the mayor
occurs within the twelve months preceding the regular election for the office of the mayor.
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Until the vacancy is filled, the powers and duties of the mayor are executed by the mayor
pro tempore, as provided in § 9-8-13.
A resignation by the mayor must be in writing and must specify the effective date
of the resignation. A temporary absence or temporary incapacitation of the mayor is not
a vacancy in the office of the mayor.
Section 9. That § 9-8-4 be AMENDED:
9-8-4. The common council consists of the mayor elected at large and two
aldermen elected from and by the voters of each ward of the municipality. The term of
office for each alderman is two years, unless a municipality adopts an ordinance
establishing the term of office to be three, four, or five years.
Except as otherwise provided in § 9-8-2, 9-13-14.1, or 9-13-14.2, the mayor and
aldermen hold office until their successors are elected and qualified. If the municipality
adopts an ordinance establishing the term of office to be three, four, or five years, the
council shall, by ordinance, stagger the initial terms of the alderman in each ward prior to
the first election of aldermen, so that the aldermen from the same ward are not up for
reelection at the same election. An individual may hold the office of alderman for more
than one term. A vacancy in the office of an alderman is filled as provided in § 9-13-14.1
or 9-13-14.2.
A resignation by an alderman must be in writing and must specify the effective
date of the resignation.
Section 10. That § 9-8-7 be AMENDED:
9-8-7. At the first regular meeting after the regular municipal election held
pursuant to § 9-13-1 or section 19 of this Act, and the qualification of the newly elected
aldermen, the council shall elect from among its members a president and vice president,
who shall hold their respective offices for one year or until a president and vice president
are elected the following year, whichever is later. In a year when there is no regular
election, the council shall elect from among its members a president and vice president at
the first regular meeting that occurs no more than one year after the president a nd vice
president were last elected from among the council’s members.
If an emergency prevents the first regular meeting from occurring, the election
must take place at either the next regular meeting or a special meeting. If there is a
vacancy in the office of the president, the council must elect a president from among its
members at the first regular or special meeting that occurs after the vacancy occurred.
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If there is a vacancy in the office of the vice president, the council must elect a
vice president from among its members at the first regular or special meeting that occurs
after the vacancy occurred. If the vacancy in the office of the vice president occurs during
a meeting, the council may choose to elect a vice president from among its members
during the same meeting.
Section 11. That § 9-9-3 be AMENDED:
9-9-3. The term of office of the mayor and commissioners is not less than two or
more than five years, as determined by ordinance, except that at the first election after
the adoption of the commission form of government, the mayor's term must be for five
years a nd the commissioners must be elected for staggered terms. If the number of
commissioners is four, one must be elected for one year, one for two years, one for three
years, and one for four years. If the number of commissioners is two, one must be elected
for two years and one for four years. At the regular municipal election preceding the
expiration of the term of office of the mayor or any commissioner, a successor must be
elected for a term of not less than two or more than five years, as determined by
ordinance.
Section 12. That § 9-9-8 be AMENDED:
9-9-8. If the mayor is unable to perform the duties of office because of a temporary
absence or temporary incapacitation, the board must, by a majority vote of all the
commissioners, appoint one of its members to act as mayor until the temporary absence
or temporary incapacitation ends.
The appointed commissioner's official designation is mayor pro tempore. The
mayor pro tempore is invested with all the powers and shall perform all the duties of the
mayor during the mayor's temporary absence or temporary incapacitation. The temporary
absence or temporary incapacitation of the mayor is not a vacancy in the office of the
mayor.
If the office of the mayor is vacated, the board of commissioners must, by a
majority vote of all commissioners, appoint one of its commissioners as acting mayor. The
acting mayor is invested with all the powers and shall perform all the duties of the mayor,
until the vacancy is filled by election for the unexpired term at the next regular election
or by special election as provided in § 9-13-14.2. A special election may not be held if the
vacancy in the office of the mayor occurs within the twelve months preceding the regular
election for the office of the mayor.
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A commissioner serving as acting mayor or mayor pro tempore has only one vote
as a commissioner and is not entitled to vote as acting mayor.
Section 13. That § 9-10-1 be AMENDED:
9-10-1. If a petition signed by fifteen percent of the registered voters of any
municipality, as determined by the total number of registered voters at the last preceding
general election, is presented requesting that an election be called to vote on the question
of employing a city manager, the governing body must call an election to be held within
fifty days from the date of the filing of the petition with the municipal finance officer. At
that election, the question must be submitted to the voters. No petition i s valid if filed
more than six months after the circulation start date declared on the petition forms. If the
petition is filed on or after January first prior to the regular municipal election and within
sufficient time to comply with the provisions of ch apter 9-13, the question must be
submitted at that election.
The election must be held upon the same notice and conducted in the same manner
as a regular municipal election. The vote must be by ballot, in the form and cast in the
manner provided by chapter 9-13.
Section 14. That § 9-10-5 be AMENDED:
9-10-5. In all commission-governed municipalities employing a city manager, the
number of at-large commissioners is nine, each elected to a term of three years, or four
years if the commission has chosen to hold the regular municipal election only in even -
numbered years, pursuant to section 19 of this Act.
At the first election, nine commissioners must be elected, three to serve until the
next regular election, three to serve until the second regular election thereafter, and three
to serve until the third regular election thereafter. If the commission has ch osen to hold
the regular municipal election only in even-numbered years, pursuant to section 19 of this
Act, five commissioners are elected to serve a term of two years and four commissioners
are elected to serve a term of four years. At each regular munic ipal election thereafter,
three at-large commissioners must be elected for a term of three or four years each, as
applicable.
Section 15. That § 9-10-6 be AMENDED:
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9-10-6. Within sixty days after an election directing the employment of a city
manager in any commission-governed municipality, a special election must be called and
held to elect the nine at -large commissioners. A plurality vote in the election of
commissioners is sufficient to elect the commissioners.
The commissioners shall qualify as provided by law and organize by electing a
commissioner to act as mayor until the first regular meeting of the board of commissioners
in the month following the first regular election of commissioners. At the first regula r
meeting in the month following the first election, the commissioners shall elect a
commissioner to act as mayor for a term of one year.
Section 16. That § 9-11-6 be AMENDED:
9-11-6. If a petition signed by fifteen percent of the registered voters of any
municipality, as determined by the total number of registered voters at the last preceding
general election, is presented to the governing body, requesting that an election be called
for the purpose of voting upon a question of change of form of government or upon a
question of the number of wards, commissioners, or trustees, the governing body must
call an election that must be held within fifty days from the date of the filing of the petition
with the municipal finance officer. At that election, the question of the change of form of
government or the number of wards, commissioners, or trustees, or both, must be
submitted to the voters. No petition is valid if filed more than six months after the
circulation start date declared on the petition forms. If the petition is filed on or after
January first prior to the regular municipal election and within sufficient time to comply
with the provisions of chapter 9-13, the question must be submitted at that election.
The election must be held upon the same notice and conducted pursuant to chapter
9-13.
Section 17. That § 9-11-9 be AMENDED:
9-11-9. If the question of whether to change the form of government or number
of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6, at
the next regular municipal election or at a special election called by the governing board
and held pursuant to § 9-13-14, elected officials must be chosen under the changed form
of government.
If the question is approved by the voters of the municipality at a regular municipal
election, the governing body of the municipality must hold a special election that meets
the requirements of § 9-13-14, within ninety days of the canvass of the election at which
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the question of the change was decided, for the purpose of choosing elected officials under
the changed form of government.
Section 18. That § 9-13-1 be AMENDED:
9-13-1. Except as otherwise provided in section 19 of this Act, each municipality
must hold an election of officers each year on the first Tuesday after the first Monday in
June or the first Tuesday after the first Monday in November, at a place in each ward of
the municipality designated by the governing body of the municipality. The governing
body shall establish the date of the regular election by January fourteenth of the election
year. The polls at the election must be kept open continuously from seven a.m. until seven
p.m.
Section 19. That a NEW SECTION be added to chapter 9-13:
The governing body of a municipality may, by ordinance, choose to hold the regular
municipal election only in even -numbered years. If the governing body adopts an
ordinance to hold the regular municipal election only in even -numbered years, the
governing body must designate the number of vacancies and the number of years, not
exceeding four years, for each vacancy so that all succeeding elections have, insofar as
practicable, the same number of vacancies to be filled.
If the governing body of the municipality adopts an ordinance to hold the regular
municipal election only in even-numbered years, the governing body shall extend the term
of any office holder whose term was set to expire in an odd-numbered year, and the office
holder shall serve as a member of the governing body until the office holder or another
candidate for the office is duly elected and qualified.
Section 20. That § 9-13-14 be AMENDED:
9-13-14. Every special election authorized by law, except as provided in §§ 6-8B-
4 and 9-13-14.2, must be held upon the same notice and at the same polling places, and
be conducted, returned, and canvassed, and the result declared, as provided herein for a
regular municipal election.
The notice of the special election must state any question or questions to be voted
upon.
Section 21. That § 9-13-14.1 be AMENDED:
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9-13-14.1. Except as otherwise provided in this section, if a vacancy exists on a
municipal governing body, the remaining members must appoint a replacement to serve
until the next regular municipal election. The governing body may call a special election
to fill the vacancy for the remainder of the unexpired term, as provided in § 9-13-14.2.
In the aldermanic form of municipal government, the replacement must be an
individual from the same ward of the municipality.
Section 22. That § 9-13-14.2 be AMENDED:
9-13-14.2. 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. A special election may not be held less than ninety
days before a regular municipal election.
The finance officer of the municipality shall publish a notice in the official newspaper
of the municipality, designated pursuant to § 9-12-6, stating that:
(1) A vacancy on the governing body exists;
(2) The vacancy is to be filled by special election;
(3) The date of the election;
(4) The deadline for filing a nominating petition; and
(5) The place where nominating petitions may be filed.
The notice must 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 must be prepared and filed as provided in
§ 9-13-7. A candidate may not circulate a nominating petition more than sixty days before
the date of the special election, and shall file the petition with the finance officer at least
thirty days before the date of the special election. The number of signers req uired for a
nominating petition is 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
must be used. A notice of the special election must be published as provided in §§ 9-13-
13 and 9-13-14.
Section 23. That § 9-13-16 be AMENDED:
9-13-16. Except as otherwise provided, each ward constitutes an election precinct.
If the number of voters in any ward is greater than five hundred, the governing body may,
by ordinance, divide the ward into two or more precincts.
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If the number of voters in any two or more contiguous wards does not exceed three
hundred fifty, as determined by the last regular election, the governing body may, by
ordinance, consolidate the wards into one precinct for voting purposes. An ordinance
adopted pursuant to this section must be adopted and take effect before the time of giving
notice of election.
Except as provided in §§ 12-14-1 to 12-14-4, inclusive, the precincts established
pursuant to this section must be the election precincts for all state and county elections.
Section 24. That § 9-13-16.2 be AMENDED:
9-13-16.2. Notwithstanding the redistricting provided in § 9-13-16, the term of
office of any member of the governing body whose term of office extends beyond the next
regular municipal election is not affected. The governing body shall, by ordinance,
designate the district the member is to represent. A member designated pursuant to this
section is not required to be a resident of the district the member is designated to
represent.
Each ward for which representation is not provided pursuant to this section must,
at the next ensuing annual election, elect a council member, whose term of office is
determined as provided in § 9-8-4.
Section 25. That § 9-13-31 be AMENDED:
9-13-31. The governing body shall, within ten days of presentation, order and fix
the date for holding a special election on a Tuesday between thirty and fifty days from the
date of the order. If a petition is filed within six months of the next regular municipal
election and within sufficient time to comply with the provisions of § 9-13-14, the question
of a successor must be submitted at that election.
The governing body shall publish a notice of election in the same manner as
provided in § 9-13-13.
Section 26. That § 9-13-41 be AMENDED:
9-13-41. If a municipality schedules a regular election on the first Tuesday after
the first Monday in November, the term of office for each office holder whose term was to
expire earlier in that year must have the term extended until the office holder or another
candidate for the office is duly elected and qualified.
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If a municipality schedules a regular election on the first Tuesday after the first
Monday in June to elect an office that was previously elected in November, the office
holder who was elected in November is entitled to complete the term of office to which
the office holder was elected.
Section 27. That § 9-20-11 be AMENDED:
9-20-11. Within ten days of the presentation of a petition pursuant to § 9-20-6,
the governing body shall submit the question to the electors at a special election to be
held on a Tuesday no sooner than sixty nor later than ninety days from the date of the
order of the governing body. If the petition is presented before the next regular municipal
election or the next general election and within sufficient time to comply with the
provisions of § 9-13-14, the question may be submitted at that election.
Pending the election, the governing body may not take any action with respect to
the subject matter of the petition that would alter or preempt the effect of the proposed
petition.
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An Act to amend provisions pertaining to the timing of municipal elections.

I certify that the attached Act originated in
the:

House as Bill No. 1030

Chief Clerk of the House

Speaker of the House

Attest:

Chief Clerk of the House

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1030
File No. ____
Chapter No. ______

Received at this Executive Office
this _____ day of _____________,

2026 at ____________M.

By
for the Governor

The attached Act is hereby
approved this ________ day of
______________, A.D., 2026

Governor

STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________, 2026
at _________ o'clock __M.

Secretary of State

By
Asst. Secretary of State