amend provisions pertaining to the timing of municipal and school district elections.

26.951.10 101st Legislative Session 1285

2026 South Dakota Legislature
House Bill 1285

Introduced by: Representative Baxter

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An Act to amend provisions pertaining to the timing of municipal and school district 1
elections. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 9-4-4.7 be AMENDED: 4
9-4-4.7. The governing body shall within ten days after the presentation of a 5
petition pursuant to § 9-4-4.5, fix a date for holding a special election, to be on a Tuesday 6
not less than thirty nor more than fifty days from the date of the order of the governing 7
body. If a petition is filed on or after January first prior to the annual within the ninety 8
days prior to a regular municipal election and within sufficient time to comply with the 9
provisions of § 9-13-14, the question shall must be submitted at that annual municipal 10
election. The 11
A special election shall must be conducted pursuant to §§ 9-20-12 to 9-20-14, 12
inclusive, and §§ 9-20-16 and 9-20-17, and shall must be under the charge of the 13
municipal finance officer. 14
Section 2. That § 9-5-3 be AMENDED: 15
9-5-3. Such elections An election on the proposition of consolidating such 16
contiguous municipalities as fixed and called by resolution shall must be noticed, held, 17
conducted, and canvassed, as provided for a special or annual regular municipal election 18
as the case be set pursuant to §§ 9-13-1 and 9-13-14, respectively. 19
Section 3. That § 9-5-5 be AMENDED: 20
9-5-5. After the resolutions proposing the plan for annexation shall take effect, 21
the municipality to be annexed shall must, by resolution, submit the question of 22
annexation to the voters of such the municipality, at a special election called for that 23
purpose fixing the date thereof and held pursuant to § 9-13-14, or at the next annual 24
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regular municipal election set pursuant to § 9-13-1, provided that any such election shall 1
must be held within sixty days after the said resolutions proposing the plan for annexation 2
shall take effect. 3
Section 4. That § 9-5-7 be AMENDED: 4
9-5-7. If a majority of the votes cast in the election held in the municipality 5
desiring to be annexed are in favor of annexation, the governing body of the municipality 6
shall so declare must, by resolution. A, publish the result of the election. The financial 7
officer of the municipality to be annexed shall file a certified copy of the whole proceedings 8
for the annexation shall be filed within ten days after the election with the auditor financial 9
officer of the municipality to which the annexation is to be made within ten days after the 10
election. 11
Upon the filing of the certified copy as provided in this section, the governing body 12
of the municipality to which annexation is to be made shall , by resolution , submit the 13
question of annexation to the voters of the municipality at a special election called for that 14
purpose fixing. The resolution must fix the date thereof of the election to be within sixty 15
days after the filing of the certified copy of the proceedings as provided in this section. If 16
the filing is on or after January first prior to the annual certified copy is filed within the 17
ninety days prior to a regular municipal election and within sufficient time to comply with 18
the provisions of § 9-13-14 chapter 9-13, the question shall must be submitted at that 19
annual municipal election. 20
Section 5. That § 9-6-10 be AMENDED: 21
9-6-10. If the governing body of a municipality with a population of less than one 22
thousand at the time of filing is presented with a petition for dissolution signed by fifteen 23
percent of the registered voters of the municipality, based upon the total number of 24
registered voters at the last preceding general election, the governing body shall must call 25
a special election by giving fifty days' published notice to determine whether the 26
municipality must be dissolved. A signature on the petition is not valid if signed more than 27
six months prior to the filing of the petition. If any petition is presented on or after January 28
first prior to the annual within the ninety days prior to a regular municipal election and 29
within sufficient time to comply with the provisions of chapter 9-13, the question of 30
dissolution must be submitted at that annual municipal election. 31
The vote upon the question of dissolution must be by ballot and cast in the manner 32
provided in chapter 9-13. 33
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Section 6. That § 9-7-3 be AMENDED: 1
9-7-3. The members A member of the board of trustees shall hold holds office for 2
three a term of four years and until their successors are the member's successor is elected 3
and qualified. A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-4
14.2. 5
For purposes of staggering terms, when a municipality is organized, the trustees 6
must be elected for terms of one, two, and three or four years respectively at the first 7
annual election. At subsequent elections each trustee must be elected for a term of three 8
four years. 9
Section 7. That § 9-8-1 be AMENDED: 10
9-8-1. The chief executive officer of a municipality under the aldermanic form is 11
the mayor. The mayor holds office for a term of not less than two nor more than five two 12
or four years, as determined by ordinance. A mayor may hold office for more than one 13
term. 14
Section 8. That § 9-8-2 be AMENDED: 15
9-8-2. If there is a vacancy from any cause in the office of the mayor, the vacancy 16
must be filled by appointment by a motion supported by an affirmative vote of a majority 17
vote of all the aldermen ,. The motion must be made a meeting of the aldermen held as 18
soon as practicable after the vacancy occurs, to serve. The individual appointed serves as 19
mayor until the office is filled by election for the unexpired term at the next annual 20
municipal regular election or by special election as provided in § 9-13-14.2. A special 21
election may not be held if the vacancy in the office of the mayor occurs within the twelve 22
months preceding the regular election for the office of the mayor. Until the vacancy is 23
filled, the powers and duties of the mayor are executed by the mayor pro tempore, as 24
provided in § 9-8-13. 25
A resignation by the mayor must be in writing and must specify the effective date 26
of the resignation. A temporary absence or temporary incapacitation of the mayor is not 27
a vacancy in the office of the mayor. 28
Section 9. That § 9-8-4 be AMENDED: 29
9-8-4. The common council consists of the mayor elected at large and two 30
aldermen elected from and by the voters of each ward of the municipality. The term of 31
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office for each alderman is two years, unless a municipality adopts an ordinance 1
establishing the term of office to be three, four, or five years. 2
Except as otherwise provided in § 9-8-2, 9-13-14.1, or 9-13-14.2, the mayor and 3
aldermen hold office until their successors are elected and qualified. At the first election 4
of aldermen, If the municipality adopts an ordinance establishing the term of office to be 5
four years, the council shall must, by ordinance, stagger the initial terms of the alderman 6
in each ward to provide prior to the first election of aldermen, so that two the aldermen 7
from the same ward are not up for reelection in the same year. A person at the same 8
election. An individual may hold the office of alderman for more than one term. The A 9
vacancy in the office of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2. 10
A resignation by an alderman must be in writing and must specify the effective 11
date of the resignation. 12
Section 10. That § 9-8-7 be AMENDED: 13
9-8-7. At the first regular meeting after the annual the regular municipal election 14
in each year held pursuant to § 9-13-1, and after the qualification of the newly elected 15
aldermen, the council shall elect from among its members a president and vice president, 16
who shall hold their respective offices for one year or until a president and vice president 17
are elected the following year , whichever is later . In a year when there is no annual 18
election, the council shall elect from among its members a president and vice president at 19
the first regular meeting that occurs no more than one year after the president and vice 20
president were last elected from among the council’s members. 21
If an emergency prevents the first regular meeting from occurring, the election 22
must take place at either the next regular meeting or a special meeting. If there is a 23
vacancy in the office of the president, the council must elect a president from among its 24
members at the first regular or special meeting that occurs after the vacancy occurred. 25
If there is a vacancy in the office of the vice president, the council must elect a 26
vice president from among its members at the first regular or special meeting that occurs 27
after the vacancy occurred. If the vacancy in the office of the vice president occurs during 28
a meeting, the council may choose to elect a vice president from among its members 29
during the same meeting. 30
Section 11. That § 9-9-3 be AMENDED: 31
9-9-3. The term of office of the mayor and commissioners is not less than two or 32
more than five four years, as determined by ordinance, except that at the first election 33
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after the adoption of the commission form of government , the mayor's term must be for 1
five four years and the commissioners must be elected for staggered terms. If the number 2
of commissioners is four, one must be elected for one year, one two must be elected for 3
two years , one for three years, and one and two for four years. If the number of 4
commissioners is two, one must be elected for two years and one for four years. At the 5
annual election preceding the expiration of the term of office of the mayor or any 6
commissioner, a successor must be elected for a term of not less than two or more than 7
five two or four years, as determined by ordinance. 8
Section 12. That § 9-9-8 be AMENDED: 9
9-9-8. If the mayor is unable to perform the duties of office by reason because of 10
a temporary absence or temporary incapacitation, the board must, by a majority vote of 11
all the commissioners, appoint one of its members to act as mayor until the temporary 12
absence or temporary incapacitation ends. 13
The appointed commissioner's official designation is mayor pro tempore. The 14
mayor pro tempore is invested with all the powers and shall perform all the duties of the 15
mayor during the mayor's temporary absence or temporary incapacitation. The mayor pro 16
tempore has only one vote as a commissioner and is not entitled to vote as mayor pro 17
tempore. The temporary absence or temporary incapacitation of the mayor is not a 18
vacancy in the office of the mayor. 19
If the office of the mayor is vacated, the board of commissioners must, by a 20
majority vote of all commissioners, appoint one of its commissioners as acting mayor. The 21
acting mayor is invested with all the powers and shall perform all the duties of the mayor, 22
until the vacancy is filled by election for the unexpired term at the next annual regular 23
election or by special election as provided in § 9-13-14.2. A special election may not be 24
held if the vacancy in the office of the mayor occurs within the twelve months preceding 25
the regular election for the office of the mayor. 26
The acting mayor A commissioner serving as acting mayor or mayor pro tempore 27
has only one vote as a commissioner and is not entitled to vote as acting mayor. 28
Section 13. That § 9-10-1 be AMENDED: 29
9-10-1. If a petition signed by fifteen percent of the registered voters of any 30
municipality, as determined by the total number of registered voters at the last preceding 31
general election, is presented requesting that an election be called to vote on the question 32
of employing a city manager, the governing body must call an election to be held within 33
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fifty days from the date of the filing of the petition with the municipal finance officer. At 1
that election, the question must be submitted to the voters. No petition is valid if filed 2
more than six months after the circulation start date declared on the petition forms. If the 3
petition is filed on or after January first prior to the annual within the ninety days prior to 4
a regular municipal election and within sufficient time to comply with the provisions of 5
chapter 9-13, the question may must be submitted at that annual municipal election. 6
The election must be held upon the same notice and conducted in the same manner 7
as other a regular municipal elections election. The vote must be by ballot, in the form 8
and cast in the manner provided by chapter 9-13. 9
Section 14. That § 9-10-5 be AMENDED: 10
9-10-5. In all commission-governed municipalities employing a city manager, the 11
number of at-large commissioners is nine, each with a three-year term of office elected 12
to a term of four years . At the first election, nine commissioners must be elected , three 13
to serve until the next annual election, three to serve until the second annual election 14
thereafter, and three to serve until the third annual election thereafter , five to serve a 15
term of two years and four to serve a term of four years. At each annual regular municipal 16
election thereafter, three at-large commissioners must be elected for a term of three years 17
each each commissioner is elected for a term of four years. 18
Section 15. That § 9-10-6 be AMENDED: 19
9-10-6. Within sixty days after an election directing the employment of a city 20
manager in any commission-governed municipality, a special election must be called and 21
held to elect the nine at -large commissioners. A plurality vote in the election of 22
commissioners is sufficient to elect the commissioners. 23
The commissioners shall qualify as provided by law and organize by electing a 24
commissioner to act as mayor until the first regular meeting of the board of commissioners 25
in the month following the first annual election of commissioners. At the first regular 26
meeting in the month following the annual first election, the commissioners shall elect a 27
commissioner to act as mayor for a term of one year. 28
Section 16. That § 9-11-6 be AMENDED: 29
9-11-6. If a petition signed by fifteen percent of the registered voters of any 30
municipality, as determined by the total number of registered voters at the last preceding 31
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general election, is presented to the governing body, requesting that an election be called 1
for the purpose of voting upon a question of change of form of government or upon a 2
question of the number of wards, commissioners, or trustees, the governing body must 3
call an election that must be held within fifty days from the date of the filing of the petition 4
with the municipal finance officer. At that election, the question of the change of form of 5
government or the number of wards, commissioners, or trustees, or both, must be 6
submitted to the voters. No petition is valid if filed more than six months after the 7
circulation start date declared on the petition forms. If the petition is filed on or after 8
January first prior to the annual within the ninety days prior to a regular municipal election 9
and within sufficient time to comply with the provisions of chapter 9-13, the question may 10
must be submitted at that annual municipal election. 11
The election must be held upon the same notice and conducted in the same manner 12
as other municipal elections pursuant to chapter 9-13. 13
Section 17. That § 9-11-9 be AMENDED: 14
9-11-9. If the question of whether to change the form of government or number 15
of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6, at 16
the next annual regular municipal election or at a special election called by the governing 17
board and held pursuant to § 9-13-14, elected officials must be chosen under the changed 18
form of government. 19
If the question is approved by the voters of the municipality at a regular municipal 20
election, the governing body of the municipality must hold a special election that meets 21
the requirements of § 9-13-14, within ninety days of the canvass of the election at which 22
the question of the change was decided, for the purpose of choosing elected officials under 23
the changed form of government. 24
Section 18. That § 9-13-1 be AMENDED: 25
9-13-1. In each municipality an election of officers must be held each odd-26
numbered year on the first Tuesday after the first Monday in June or the first Tuesday 27
after the first Monday in November, at a place in each ward of the municipality designated 28
by the governing body of the municipality. The governing body shall establish the date of 29
the annual election by January fourteenth of the election year. 30
The polls at the election must be kept open continuously from seven a.m. until 31
seven p.m. 32
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Section 19. That § 9-13-1.1 be AMENDED: 1
9-13-1.1. Any other provision of this chapter notwithstanding, the The governing 2
body of a municipality may, in odd-numbered years, choose to hold a general shall hold 3
the regular municipal election in conjunction with a regular school district election. The 4
combined election must be approved by the board of the school district and must be held 5
on the first Tuesday after the first Monday in June or the first Tuesday after the first 6
Monday in November. 7
Expenses and governmental responsibilities of a combined election must be shared 8
in a manner agreed upon by the governing body of the municipality and the board of the 9
school district. 10
For purposes of this section, "in conjunction with" means the elections of two or 11
more jurisdictions are held at the same time and use the same polling places, precinct 12
officials, and ballots for the offices, ballot questions, and other contests of each 13
jurisdiction. 14
Section 20. That § 9-13-14 be AMENDED: 15
9-13-14. Every special election authorized by law, except as provided in §§ 6-8B-16
4 and 9-13-14.2, shall must be held upon the same notice, and at the same polling places, 17
and be conducted, returned, and canvassed, and the result declared , as provided herein 18
for the annual a regular municipal election. 19
The notice of such the special election shall must state any question or questions 20
to be voted upon. 21
Section 21. That § 9-13-14.1 be AMENDED: 22
9-13-14.1. Except as otherwise provided in this section, if a vacancy exists on a 23
municipal governing body, the remaining members must appoint a replacement to serve 24
until the next annual regular municipal election. The governing body may call a special 25
election to fill the vacancy for the remainder of the unexpired term, as provided in § 9-26
13-14.2. 27
In the aldermanic form of municipal government, the replacement must be an 28
individual from the same ward of the municipality. 29
Section 22. That § 9-13-14.2 be AMENDED: 30
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9-13-14.2. The governing body of any municipality may, by ordinance enacted 1
prior to the vacancy, require that any vacancy on the governing body or in the office of 2
the mayor is to be filled by a special election called for that purpose to be conducted as 3
provided in § 9-13-14 and this section. No A special election may not be held less than 4
ninety days before the annual a regular municipal election. 5
The finance officer of the municipality shall publish a notice in the official newspaper 6
of the municipality stating that a: 7
(1) A vacancy on the governing body exists, that the; 8
(2) The vacancy will is to be filled by special election, the; 9
(3) The date of the election, and the time and; 10
(4) The deadline for filing a nominating petition; and 11
(5) The place where nominating petitions may be filed for the office. 12
The notice shall must be published once each week for two consecutive weeks 13
beginning at least sixty days before the date of the special election. 14
Nominating petitions for the vacancy shall must be prepared and filed as provided 15
in § 9-13-7,. A candidate may not be circulated circulate a nominating petition more than 16
sixty days before the date of the special election, and shall be filed file the petition with 17
the finance officer at least thirty days before the date of the special election. The number 18
of signers required for a nominating petition shall be is calculated as provided in § 9-13-19
9. If a nominating petition is filed before the second Tuesday in January, the prior year's 20
calculation of registered voters shall must be used. A notice of the special election shall 21
must be published as provided in §§ 9-13-13 and 9-13-14. 22
Section 23. That § 9-13-16 be AMENDED: 23
9-13-16. Except as otherwise provided, each ward shall constitute constitutes an 24
election precinct. Whenever If the number of legal voters in any ward shall exceed is 25
greater than five hundred, the governing body may must, by ordinance, divide such the 26
ward into two or more precincts by ordinance. Whenever. 27
If the number of legal voters in any two or more contiguous wards shall not does 28
not exceed three hundred fifty as determined by the last annual election, the governing 29
body may consolidate by ordinance such two or more must, by ordinance, consolidate the 30
wards into one precinct for voting purposes. Such ordinances shall be passed An ordinance 31
adopted pursuant to this section must be adopted and take effect before the time of giving 32
notice of election. 33
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Except as provided in §§ 12-14-1 to 12-14-4, inclusive, such wards and precincts 1
shall be the precincts established pursuant to this section must be the election precincts 2
for all state and county elections. 3
Section 24. That § 9-13-16.2 be AMENDED: 4
9-13-16.2. Notwithstanding the redistricting provided in § 9-13-16, the term of 5
office of any member of the governing body whose term of office extends beyond the next 6
annual regular municipal election is not affected, and the. The governing body, as part of 7
the redistricting process, shall, by ordinance, designate the wards to be represented by 8
such members. Such council members may or may the district the member is to represent. 9
A member designated pursuant to this section is not required to be residents a resident 10
of the district they are the member is designated to represent. 11
Each ward for which representation is not provided by such designation shall 12
pursuant to this section must, at the next ensuing annual election, elect a council member, 13
the whose term of office to be is determined as provided in § 9-8-4. 14
Section 25. That § 9-13-31 be AMENDED: 15
9-13-31. The governing body shall, within ten days of presentation, order and fix 16
the date for holding a special election on a Tuesday between thirty and fifty days from the 17
date of the order. If a petition is filed within six months of the annual regular municipal 18
election and within sufficient time to comply with the provisions of § 9-13-14, the question 19
of a successor must be submitted at that annual regular election. 20
The governing body shall publish a notice of election in the same manner as 21
provided in § 9-13-13. 22
Section 26. That § 9-13-41 be AMENDED: 23
9-13-41. If a municipality schedules an annual a regular election on the first 24
Tuesday after the first Monday in November, the term of office for each office holder whose 25
term was to expire earlier in that year shall must have the term extended until the office 26
holder or another candidate for the office is duly elected and qualified. 27
If a municipality schedules an annual a regular election on the first Tuesday after 28
the first Monday in June to elect an office that was previously elected in November, the 29
office holder who was elected in November must be is entitled to complete the term of 30
office to which the office holder was elected. 31
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Section 27. That § 9-20-11 be AMENDED: 1
9-20-11. The Within ten days of the presentation of a petition pursuant to § 9-20-2
6, the governing body shall , upon the presentation of a petition pursuant to § 9-20-6, 3
submit the question to the electors at a special election to be held on a Tuesday between 4
sixty and ninety days from the date of the order of the governing body. If the petition is 5
presented within the ninety days preceding the next annual regular municipal election or 6
the next general election , whichever is earlier and within sufficient time to comply with 7
the provisions of § 9-13-14, the question must be submitted at that election. 8
Pending the election, the governing body may not take no any action with respect 9
to the subject matter of the petition that would alter or preempt the effect of the proposed 10
petition. However, the governing body may expedite the date of the election by ordering, 11
within ten days of receiving the petition, a special election to be held on a Tuesday not 12
less than thirty days from the date of the order of the governing body. 13
Section 28. That § 13-7-5 be AMENDED: 14
13-7-5. Between the fifteenth day and the thirtieth day of the month six months 15
before the election, except in the case of the joint election as provided in § 13-7-10.1, the 16
The business manager of each school district shall publish once each week for two 17
consecutive weeks in the official newspaper, a notice setting forth the vacancies that will 18
are to occur by termination of the terms of the elective or appointive school board 19
members. 20
If the vacancies set forth in the notice exist within a new school board of a newly 21
created school district pursuant to § 13-6-62, the county auditor of the county having 22
jurisdiction over the election must publish the notice once each week for two consecutive 23
weeks at least one month preceding the election. 24
The notice must also state the time and place where nominating petitions for school 25
board membership may be filed. 26
Section 29. That § 13-7-10 be AMENDED: 27
13-7-10. Unless otherwise exempted by law, each Each school district must hold 28
an annual a regular election each odd-numbered year, on the first Tuesday after the first 29
Monday in June or the first Tuesday after the first Monday in November, between the 30
hours of seven a.m. and seven p.m. The school board shall select the date of the election 31
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by resolution no later than the first regular meeting after January first of each year , 1
between the hours of seven a.m. and seven p.m.. 2
Voter registration, absentee voting, and procedures used in counting ballots must 3
be in accordance with title 12, except as otherwise provided in this chapter. 4
Section 30. That § 13-7-10.1 be AMENDED: 5
13-7-10.1. The board of a school district may, in odd-numbered years, choose to 6
hold a shall hold the regular school district election in conjunction with a regular municipal 7
election. The combined election must be approved by the governing body of the 8
municipality. The combined election must be held on the first Tuesday after the first 9
Monday in June or the first Tuesday after the first Monday in November. The expenses 10
Expenses and governmental responsibilities of a combined election must be shared 11
in a manner agreed upon by the governing body of the municipality and the board of the 12
school district. 13
For purposes of this section, "in conjunction with" means the elections of two or 14
more jurisdictions are held at the same time and use the same polling places, precinct 15
officials, and ballots for the offices, ballot questions, and other contests of each 16
jurisdiction. 17
Section 31. That § 13-7-30 be AMENDED: 18
13-7-30. For the most recent regular school board election conducted in each 19
school district as provided in § 13-7-10, each school board shall provide in the school 20
board minutes the following information: 21
(1) The number of registered voters of the school district on the date voter registration 22
closes; 23
(2) The number of registered voters of the school district who voted in the election; 24
and 25
(3) The percentage of registered voters of the school district who voted in the election; 26
and 27
(4) If the election was held in conjunction with a regular municipal election as provided 28
in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3. 29
If the regular election was not conducted because there was neither a contested 30
vacancy on the school board nor any question submitted to the voters, the school board 31
shall must provide that information in the school board minutes. 32
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Section 32. That § 13-8-2 be AMENDED: 1
13-8-2. A school board consists of five, seven, or nine members whose terms are 2
from one to three two or four years initially, and three four years thereafter; provided that 3
each school board member is entitled to complete the term of office to which the member 4
was elected. A school board may, by resolution, increase the length of terms from three 5
to four years or decrease the length of terms from three to two years for the purpose of 6
holding joint elections pursuant to § 13-7-10.3. Terms may not be increased or decreased 7
unless the school board conducts a public hearing thereon, after having given notice of 8
the hearing by publication at least twice in its official newspaper at least ten days before 9
the hearing. At the hearing, the board may approve the resolution or may refer the matter 10
to the voters of the district. 11
Section 33. That § 34A-5-20 be AMENDED: 12
34A-5-20. Each sanitary district shall annually elect officers on any Tuesday in the 13
month following the anniversary date of the first election. The board of trustees shall 14
designate a location in the district where the election shall is to be held. If one or more of 15
the corporate bodies making up a sanitary district is a municipality, and the anniversary 16
date falls within three months prior to or within one month after the annual election of the 17
municipality, the annual election of officers shall be held on the same day as the annual 18
municipal election. 19
The annual election , whether or not it is held in conjunction with the annual 20
municipal election, shall must be conducted in accordance with the municipal election laws 21
pursuant to chapter 9-13, except as provided in this chapter. 22
Section 34. That § 9-13-37 be REPEALED. 23
Any other provision of this chapter notwithstanding, the governing body of a 24
municipality shall, in even -numbered years, hold the general municipal election in 25
conjunction with the regular June primary election or the regular November general 26
election. The expenses and governmental responsibilities of a combined election must be 27
shared in a manner agreed upon by the governing body of the municipality and the board 28
of county commissioners involved. 29
A nominating petition may not be circulated for signatures more than four months 30
before the election. A nominating petition must be filed under the provisions of § 9-13-7 31
at least seventy days before the election. The finance officer shall certify to the appropriate 32
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county auditor the candidate names and ballot language to be voted on by the Thursday 1
sixty-eight days before the election. 2
Section 35. That § 13-7-10.3 be REPEALED. 3
Any other provision of this chapter notwithstanding, the board of a school district 4
shall, in even -numbered years, hold the school board election in conjunction with the 5
regular June primary election or the regular November general election. Expenses of a 6
combined election must be shared in a manner agreed upon by the school board and the 7
boards of county commissioners involved. All other governmental responsibilities 8
associated with holding elections under the provisions of title 12 and this chapter must be 9
shared as agreed upon by the board of the school district and the boards of county 10
commissioners involved. The school election official shall certify to the appropriate county 11
auditors the candidate names and ballot language to be voted on by the Thursday sixty -12
eight days before the election. 13
Section 36. That § 13-7-34 be REPEALED. 14
If a school board has, by resolution, increased the length of terms from three to 15
four years or decreased the length of terms from three to two years for the purpose of 16
holding joint elections pursuant to § 13-7-10.3, the school board may decrease the length 17
of terms from four years to three or increase the length of terms from two to three years 18
using the same procedure as used when altering the length of terms for the purpose of 19
holding joint elections pursuant to § 13-7-10.3, provided that each school board member 20
is entitled to complete the term of office to which the member was elected. The school 21
board is empowered to designate the number of vacancies and the number of the years, 22
not to exceed three years, in each vacancy so that all succeeding regular elections have, 23
insofar as practicable, the same number of vacancies to be filled. 24
Section 37. The governing body of each municipality and the board of each school district 25
must designate the number of vacancies on the governing body or board, and the number of 26
years, not exceeding four years, for each vacancy so that all succeeding elections have, 27
insofar as practicable, the same number of vacancies to be filled. 28
Section 38. The governing body of each municipality and the board of each school district 29
shall extend the term of any office holder whose term was set to expire in 2026, 2028, or 30
26.951.10 15 1285
Underscores indicate new language.
Overstrikes indicate deleted language.
2030, and the office holder shall serve as a member of the governing body or board until the 1
office holder or another candidate for the office is duly elected and qualified. 2