Changes to Existing Law

The governing body of any municipality may, by ordinance enacted prior to the6 vacancy, require that any vacancy on the governing body or in the office of the mayor is to be7 filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and8 this section. No such special election may be held less than ninety days before the annual9 municipal election. The finance officer of the municipality shall publish a notice in the official10 newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by11 special election, the date of the election, and the time and place where nominating petitions may12 be filed for the office. The notice shall be published once each week for two consecutive weeks13 beginning at least sixty days before the date of the special election. Nominating petitions for the14 vacancy shall be prepared and filed as provided in § 9-13-7, may not be circulated more than15 sixty days before the date of the special election, and shall be filed at least thirty days before the16 date of the special election. The number of signers required for a nominating petition shall be 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 shall be used. A notice of the special19 election shall be published as provided in §§ 9-13-13 and 9-13-14.20

The registered voters of any municipality may propose ordinances and resolutions5 for the government of the municipality if the petition is signed by at least five percent of the6 registered voters in the municipality. The percentage shall be based on the number of registered7 voters of the municipality as recorded by the county auditor on the second Tuesday in January8 in the year of the election the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used.

The referendum petition shall be signed by at least five percent of the registered12 voters in the municipality. The percentage shall be based on the number of registered voters of13 the municipality as recorded by the county auditor on the second Tuesday in January in the year14 of the election the petition is filed. If the petition is filed before the second Tuesday in January, 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB the prior year's calculation of registered voters shall be used. The signer or circulator shall add1 the signer's residence address, county of voter registration, and date of signing. The signer's post2 office box number may be given in lieu of a street address if the signer lives within a3 municipality of the second or third class.