The amendment changed the bill from "Senate Engrossed" to "Enrolled" status and replaced references to "annual municipal election" with "regular election" throughout the municipal election timing provisions, standardizing terminology while maintaining the bill's core purpose of amending municipal election timing rules. The change also updated procedural language from "shall" to "must" in several places and made minor clarifications to how special elections and annexation elections are called and noticed.
26.223.32 26.223.33 101st Legislative Session 1030 2026 South Dakota Legislature House Bill 1030 SENATE ENGROSSED Introduced by: Representative Kull Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to amend provisions pertaining to the timing of municipal elections. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 9-1-1 be AMENDED: 3 9-1-1. Terms used in this title, unless the context otherwise plainly requires, 4 mean: 5 (1) "County," the county or counties where a municipality is located; 6 (2) "Governing body," the board of trustees, the board of commissioners, or the 7 common council of a municipality; 8 (3) "Lot" includes parcel or tract of land; 9 (4) "Municipal corporation" or "municipality," any city or town that is organized 10 pursuant to this title; 11 (5) "Owner," the grantee in the last deed of conveyance of any lot or parcel of land 12 recorded in the office of the register of deeds of the county or counties in which 13 the municipality is located, or the heirs or successors to the grantee; and 14 (6) "Publish," publication in an official newspaper of the municipality as designated by 15 the governing body pursuant to § 9-12-6; and 16 (7) "Regular election," the municipal election held pursuant to § 9-13-1 or section 19 17 of this Act. 18 Section 2. That § 9-4-4.7 be AMENDED: 19 9-4-4.7. The governing body shall within ten days after the presentation of a 20 petition pursuant to § 9-4-4.5, fix a date for holding a special election, to be on a Tuesday 21 not less than thirty nor more than fifty days from the date of the order of the governing 22 body. If a petition is filed on or after January first prior to the annual regular municipal 23 election 26.223.33 2 1030 HB1030 ENROLLED and within sufficient time to comply with the provisions of § 9-13-14, the question 24 shall must be submitted at that annual municipal election. The 25 26.223.32 2 1030 Underscores indicate new language. Overstrikes indicate deleted language. A special election shall must be conducted pursuant to §§ 9-20-12 to 9-20-14, 1 inclusive, and §§ 9-20-16 and 9-20-17, and shall must be under the charge of the 2 municipal finance officer. 3 Section 3. That § 9-5-3 be AMENDED: 4 9-5-3. Such elections An election on the proposition of consolidating such 5 contiguous municipalities, as fixed and called by resolution shall, resolution, must be noticed, held, 6 conducted, and canvassed, as provided for a special or annual regular municipal election 7 as the case be set pursuant to § 9-13-1 or section 19 of this Act, as applicable. 8 Section 4. That § 9-5-5 be AMENDED: 9 9-5-5. After the resolutions proposing the plan for annexation shall take take 10 effect, the municipality to be annexed shall must, by resolution, submit the question of 11 annexation to the voters of such the municipality, at a special election called for that 12 purpose fixing the date thereof and held pursuant to § 9-13-14, or at the next annual 13 regular municipal election set pursuant to § 9-13-1 or section 19 of this Act, provided that 14 any such election shall must be held within sixty days after the said resolutions proposing 15 the plan for annexation shall take effect. 16 Section 5. That § 9-5-7 be AMENDED: 17 9-5-7. If a majority of the votes cast in the election held in the municipality 18 desiring to be annexed are in favor of annexation, the governing body of the municipality 19 shall so declare by resolution. A must adopt a resolution to publish the result of the 20 election. Within ten days after the election, the financial officer of the municipality to be 21 annexed shall file a certified copy of the whole proceedings for the annexation shall be 22 filed within ten days after the election with the auditor financial officer of the municipality 23 to which the annexation is to be made. 24 Upon the filing of the certified copy as provided in this section, copy, the governing body 25 of the municipality to which annexation is to be made shall, by resolution, submit the 26 question of annexation to the voters of the municipality at a special election called for that 27 purpose fixing. purpose. The resolution must fix the date thereof of the election to be within sixty 28 days after the filing of the certified copy of the proceedings, as provided in this section. If 29 the filing is on or after January first prior to the annual certified copy of the proceedings 30 is filed within the ninety days prior to a regular municipal election and within sufficient 31 26.223.32 time to 26.223.33 3 1030 Underscores indicate new language. Overstrikes indicate deleted language. time to HB1030 ENROLLED comply with the provisions of § 9-13-14 chapter 9-13, the question shall must be 1 submitted at that annual municipal election. 2 Section 6. That § 9-6-10 be AMENDED: 3 9-6-10. If the governing body of a municipality with a population of less than one 4 thousand at the time of filing is presented with a petition for dissolution signed by fifteen 5 percent of the registered voters of the municipality, based upon the total number of 6 registered voters at the last preceding general election, the governing body shall must call 7 a special election to determine whether the municipality must be dissolved, by giving fifty 8 days' published notice to determine whether the municipality must be dissolved. 9 notice. A signature on the petition is not valid if signed more than six months prior to the 10 filing of the petition. If any petition is presented on or after January first prior to the annual 11 regular municipal election and within sufficient time to comply with the provisions of 12 chapter 9-13, the question of dissolution must be submitted at that annual municipal 13 election. 14 The vote upon the question of dissolution must be by ballot and cast in the manner 15 provided in chapter 9-13. 16 Section 7. That § 9-7-3 be AMENDED: 17 9-7-3. The members A member of the board of trustees shall hold holds office for 18 three a term of three years and until their successors are the member's successor is 19 elected and qualified. A vacancy on the board must be filled as provided in § 9-13-14.1 or 20 9-13-14.2. A board of trustees may, by resolution, increase the length of terms from three 21 to four years for the purpose of conducting the regular municipal election only in even-22 numbered even-numbered years, as provided in section 19 of this Act. 23 For purposes of staggering terms, when a municipality is organized, the trustees 24 must be elected for terms of one, two, and three years respectively at the first annual 25 regular election. At subsequent elections each trustee must be elected for a term of three 26 years. 27 Section 8. That § 9-8-2 be AMENDED: 28 9-8-2. If there is a vacancy from any cause in the office of the mayor, the vacancy 29 must be filled by appointment by a motion supported by a majority vote of all the 30 aldermen,. aldermen. The motion must be made at a meeting of the aldermen held as soon as 31 26.223.32 4 1030 Underscores indicate new language. Overstrikes indicate deleted language. practicable after the vacancy occurs, to serve. occurs. The individual appointed as the mayor 1 serves until the office is filled by election for the unexpired term at the next annual 2 municipal regular election or by special election as provided in § 9-13-14.2. A special 3 election may not be held if the vacancy in the office of the mayor occurs within the twelve 4 months preceding the regular election for the office of the mayor. 26.223.33 4 1030 HB1030 ENROLLED Until the vacancy is 5 filled, the powers and duties of the mayor are executed by the mayor pro tempore, as 6 provided in § 9-8-13. 7 A resignation by the mayor must be in writing and must specify the effective date 8 of the resignation. A temporary absence or temporary incapacitation of the mayor is not 9 a vacancy in the office of the mayor. 10 Section 9. That § 9-8-4 be AMENDED: 11 9-8-4. The common council consists of the mayor elected at large and two 12 aldermen elected from and by the voters of each ward of the municipality. The term of 13 office for each alderman is two years, unless a municipality adopts an ordinance 14 establishing the term of office to be three, four, or five years. 15 Except as otherwise provided in § 9-8-2, 9-13-14.1, or 9-13-14.2, the mayor and 16 aldermen hold office until their successors are elected and qualified. At the first election 17 of aldermen, If the municipality adopts an ordinance establishing the term of office to be 18 three, four, or five years, the council shall, by ordinance, stagger the initial terms of the 19 alderman in each ward to provide prior to the first election of aldermen, so that two the 20 aldermen from the same ward are not up for reelection in the same year. A person at the 21 same election. An individual may hold the office of alderman for more than one term. The 22 A vacancy in the office of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2. 23 A resignation by an alderman must be in writing and must specify the effective 24 date of the resignation. 25 Section 10. That § 9-8-7 be AMENDED: 26 9-8-7. At the first regular meeting after the annual the regular municipal election 27 in each year held pursuant to § 9-13-1 or section 19 of this Act, and after the qualification 28 of the newly elected aldermen, the council shall elect from among its members a president 29 and vice president, who shall hold their respective offices for one year or until a president 30 and vice president are elected the following year, whichever is later. In a year when there 31 is no annual regular election, the council shall elect from among its members a president 32 26.223.32 5 1030 Underscores indicate new language. Overstrikes indicate deleted language. and vice president at the first regular meeting that occurs no more than one year after 1 the president and vice president were last elected from among the council’s members. 2 If an emergency prevents the first regular meeting from occurring, the election 3 must take place at either the next regular meeting or a special meeting. If there is a 4 vacancy in the office of the president, the council must elect a president from among its 5 members at the first regular or special meeting that occurs after the vacancy occurred. 6 26.223.33 5 1030 HB1030 ENROLLED If there is a vacancy in the office of the vice president, the council must elect a 7 vice president from among its members at the first regular or special meeting that occurs 8 after the vacancy occurred. If the vacancy in the office of the vice president occurs during 9 a meeting, the council may choose to elect a vice president from among its members 10 during the same meeting. 11 Section 11. That § 9-9-3 be AMENDED: 12 9-9-3. The term of office of the mayor and commissioners is not less than two or 13 more than five years, as determined by ordinance, except that at the first election after 14 the adoption of the commission form of government, the mayor's term must be for five 15 years and the commissioners must be elected for staggered terms. If the number of 16 commissioners is four, one must be elected for one year, one for two years, one for three 17 years, and one for four years. If the number of commissioners is two, one must be elected 18 for two years and one for four years. At the annual regular municipal election preceding 19 the expiration of the term of office of the mayor or any commissioner, a successor must 20 be elected for a term of not less than two or more than five years, as determined by 21 ordinance. 22 Section 12. That § 9-9-8 be AMENDED: 23 9-9-8. If the mayor is unable to perform the duties of office by reason because of 24 a temporary absence or temporary incapacitation, the board must, by a majority vote of 25 all the commissioners, appoint one of its members to act as mayor until the temporary 26 absence or temporary incapacitation ends. 27 The appointed commissioner's official designation is mayor pro tempore. The 28 mayor pro tempore is invested with all the powers and shall perform all the duties of the 29 mayor during the mayor's temporary absence or temporary incapacitation. The mayor pro 30 tempore has only one vote as a commissioner and is not entitled to vote as mayor pro 31 tempore. The temporary absence or temporary incapacitation of the mayor is not a 32 vacancy in the office of the mayor. 33 26.223.32 6 1030 Underscores indicate new language. Overstrikes indicate deleted language. If the office of the mayor is vacated, the board of commissioners must, by a 1 majority vote of all commissioners, appoint one of its commissioners as acting mayor. The 2 acting mayor is invested with all the powers and shall perform all the duties of the mayor, 3 until the vacancy is filled by election for the unexpired term at the next annual regular 4 election or by special election as provided in § 9-13-14.2. A special election may not be 5 held if the vacancy in the office of the mayor occurs within the twelve months preceding 6 the regular election for the office of the mayor. 7 The acting mayor 26.223.33 6 1030 HB1030 ENROLLED A commissioner serving as acting mayor or mayor pro tempore 8 has only one vote as a commissioner and is not entitled to vote as acting mayor. 9 Section 13. That § 9-10-1 be AMENDED: 10 9-10-1. If a petition signed by fifteen percent of the registered voters of any 11 municipality, as determined by the total number of registered voters at the last preceding 12 general election, is presented requesting that an election be called to vote on the question 13 of employing a city manager, the governing body must call an election to be held within 14 fifty days from the date of the filing of the petition with the municipal finance officer. At 15 that election, the question must be submitted to the voters. No petition is valid if filed 16 more than six months after the circulation start date declared on the petition forms. If the 17 petition is filed on or after January first prior to the annual regular municipal election and 18 within sufficient time to comply with the provisions of chapter 9-13, the question may 19 must be submitted at that annual municipal election. 20 The election must be held upon the same notice and conducted in the same manner 21 as other a regular municipal elections election. The vote must be by ballot, in the form 22 and cast in the manner provided by chapter 9-13. 23 Section 14. That § 9-10-5 be AMENDED: 24 9-10-5. In all commission-governed municipalities employing a city manager, the 25 number of at-large commissioners is nine, each with a three-year term of office elected 26 to a term of three years, or four years if the commission has chosen to hold the regular 27 municipal election only in even-numbered years, pursuant to section 19 of this Act. 28 At the first election, nine commissioners must be elected, three to serve until the 29 next annual regular election, three to serve until the second annual regular election 30 thereafter, and three to serve until the third annual regular election thereafter. If the 31 commission has chosen to hold the regular municipal election only in even-numbered 32 years, pursuant to section 19 of this Act, five commissioners are elected to serve a term 33 26.223.32 7 1030 Underscores indicate new language. Overstrikes indicate deleted language. of two years and four commissioners are elected to serve a term of four years. At each 1 annual regular municipal election thereafter, three at-large commissioners must be 2 elected for a term of three or four years each, as applicable. 3 Section 15. That § 9-10-6 be AMENDED: 4 26.223.33 7 1030 HB1030 ENROLLED 9-10-6. Within sixty days after an election directing the employment of a city 5 manager in any commission-governed municipality, a special election must be called and 6 held to elect the nine at-large commissioners. A plurality vote in the election of 7 commissioners is sufficient to elect the commissioners. 8 The commissioners shall qualify as provided by law and organize by electing a 9 commissioner to act as mayor until the first regular meeting of the board of commissioners 10 in the month following the first annual regular election of commissioners. At the first 11 regular meeting in the month following the annual first election, the commissioners shall 12 elect a commissioner to act as mayor for a term of one year. 13 Section 16. That § 9-11-6 be AMENDED: 14 9-11-6. If a petition signed by fifteen percent of the registered voters of any 15 municipality, as determined by the total number of registered voters at the last preceding 16 general election, is presented to the governing body, requesting that an election be called 17 for the purpose of voting upon a question of change of form of government or upon a 18 question of the number of wards, commissioners, or trustees, the governing body must 19 call an election that must be held within fifty days from the date of the filing of the petition 20 with the municipal finance officer. At that election, the question of the change of form of 21 government or the number of wards, commissioners, or trustees, or both, must be 22 submitted to the voters. No petition is valid if filed more than six months after the 23 circulation start date declared on the petition forms. If the petition is filed on or after 24 January first prior to the annual regular municipal election and within sufficient time to 25 comply with the provisions of chapter 9-13, the question may must be submitted at that 26 annual municipal election. 27 The election must be held upon the same notice and conducted in the same manner 28 as other municipal elections pursuant to chapter 9-13. 29 Section 17. That § 9-11-9 be AMENDED: 30 26.223.32 8 1030 Underscores indicate new language. Overstrikes indicate deleted language. 9-11-9. If the question of whether to change the form of government or number 1 of commissioners, wards, or trustees is approved in an election pursuant to § 9-11-6, at 2 the next annual regular municipal election or at a special election called by the governing 3 board and held pursuant to § 9-13-14, elected officials must be chosen under the changed 4 form of government. 5 If the question is approved by the voters of the municipality at a regular municipal 6 election, the governing body of the municipality must hold a special election that meets 7 the requirements of § 9-13-14, within ninety days of the canvass of the election at which 26.223.33 8 1030 HB1030 ENROLLED the question of the change was decided, for the purpose of choosing elected officials under 9 the changed form of government. 10 Section 18. That § 9-13-1 be AMENDED: 11 9-13-1. In Except as otherwise provided in section 19 of this Act, each municipality 12 must hold an election of officers must be held each year on the first Tuesday after the first 13 Monday in June or the first Tuesday after the first Monday in November, at a place in each 14 ward of the municipality designated by the governing body of the municipality. The 15 governing body shall establish the date of the annual regular election by January 16 fourteenth of the election year. The polls at the election must be kept open continuously 17 from seven a.m. until seven p.m. 18 Section 19. That a NEW SECTION be added to chapter 9-13: 19 The governing body of a municipality may, by ordinance, choose to hold the regular 20 municipal election only in even-numbered years. If the governing body adopts an 21 ordinance to hold the regular municipal election only in even-numbered years, the 22 governing body must designate the number of vacancies and the number of years, not 23 exceeding four years, for each vacancy so that all succeeding elections have, insofar as 24 practicable, the same number of vacancies to be filled. 25 If the governing body of the municipality adopts an ordinance to hold the regular 26 municipal election only in even-numbered years, the governing body shall extend the term 27 of any office holder whose term was set to expire in an odd-numbered year, and the office 28 holder shall serve as a member of the governing body until the office holder or another 29 candidate for the office is duly elected and qualified. 30 Section 20. That § 9-13-14 be AMENDED: 31 26.223.32 9 1030 Underscores indicate new language. Overstrikes indicate deleted language. 9-13-14. Every special election authorized by law, except as provided in §§ 6-8B-1 4 6-8B-4 and 9-13-14.2, shall must be held upon the same notice, notice and at the same polling places, 2 and be conducted, returned, and canvassed, and the result declared, as provided herein 3 for the annual a regular municipal election. 4 The notice of such the special election shall must state any question or questions 5 to be voted upon. 6 Section 21. That § 9-13-14.1 be AMENDED: 7 26.223.33 9 1030 HB1030 ENROLLED 9-13-14.1. Except as otherwise provided in this section, if a vacancy exists on a 8 municipal governing body, the remaining members must appoint a replacement to serve 9 until the next annual regular municipal election. The governing body may call a special 10 election to fill the vacancy for the remainder of the unexpired term, as provided in § 9-11 13-14.2. 12 9-13-14.2. In the aldermanic form of municipal government, the replacement must be an 13 individual from the same ward of the municipality. 14 Section 22. That § 9-13-14.2 be AMENDED: 15 9-13-14.2. The governing body of any municipality may, by ordinance enacted 16 prior to the vacancy, require that any vacancy on the governing body or in the office of 17 the mayor is to be filled by a special election called for that purpose to be conducted as 18 provided in § 9-13-14 and this section. No A special election may not be held less than 19 ninety days before the annual a regular municipal election. 20 The finance officer of the municipality shall publish a notice in the official newspaper 21 of the municipality, designated pursuant to § 9-12-6, stating that a: 22 that: (1) A vacancy on the governing body exists, that the; 23 exists; (2) The vacancy will is to be filled by special election, the; 24 election; (3) The date of the election, and the time and; 25 election; (4) The deadline for filing a nominating petition; and 26 (5) The place where nominating petitions may be filed for the office. 27 filed. The notice shall must be published once each week for two consecutive weeks, 28 beginning at least sixty days before the date of the special election. 29 Nominating petitions for the vacancy shall must be prepared and filed as provided 30 in § 9-13-7,. 9-13-7. A candidate may not be circulated circulate a nominating petition more than 31 sixty days before the date of the special election, and shall be filed file the petition with 32 the finance officer at least thirty days before the date of the special election. The number 33 26.223.32 10 1030 Underscores indicate new language. Overstrikes indicate deleted language. of signers required for a nominating petition shall be is calculated as provided in § 9-13-1 9. 9-13-9. If a nominating petition is filed before the second Tuesday in January, the prior year's 2 calculation of registered voters shall must be used. A notice of the special election shall 3 must be published as provided in §§ 9-13-13 and 9-13-14. 4 Section 23. That § 9-13-16 be AMENDED: 5 9-13-16. Except as otherwise provided, each ward shall constitute constitutes an 6 election precinct. Whenever If the number of legal voters in any ward shall exceed is 7 greater than five hundred, the governing body may, by ordinance, divide such the ward 8 into two or more precincts by ordinance. Whenever. 9 precincts. 26.223.33 10 1030 HB1030 ENROLLED If the number of legal voters in any two or more contiguous wards shall not does 10 not exceed three hundred fifty, as determined by the last annual regular election, the 11 governing body may consolidate by ordinance such two or more, may, by ordinance, consolidate 12 the wards into one precinct for voting purposes. Such ordinances shall be passed An 13 ordinance adopted pursuant to this section must be adopted and take effect before the 14 time of giving notice of election. 15 Except as provided in §§ 12-14-1 to 12-14-4, inclusive, such wards and precincts 16 shall be the precincts established pursuant to this section must be the election precincts 17 for all state and county elections. 18 Section 24. That § 9-13-16.2 be AMENDED: 19 9-13-16.2. Notwithstanding the redistricting provided in § 9-13-16, the term of 20 office of any member of the governing body whose term of office extends beyond the next 21 annual regular municipal election is not affected, and the. affected. The governing body, as part of 22 the redistricting process, body shall, by ordinance, designate the wards to be represented by 23 such members. Such council members may or may the district the member is to represent. 24 A member designated pursuant to this section is not required to be residents a resident 25 of the district they are the member is designated to represent. 26 Each ward for which representation is not provided by such designation shall 27 pursuant to this section must, at the next ensuing annual election, elect a council member, 28 the whose term of office to be is determined as provided in § 9-8-4. 29 Section 25. That § 9-13-31 be AMENDED: 30 26.223.32 11 1030 Underscores indicate new language. Overstrikes indicate deleted language. 9-13-31. The governing body shall, within ten days of presentation, order and fix 1 the date for holding a special election on a Tuesday between thirty and fifty days from the 2 date of the order. If a petition is filed within six months of the annual next regular 3 municipal election and within sufficient time to comply with the provisions of § 9-13-14, 4 the question of a successor must be submitted at that annual election. 5 The governing body shall publish a notice of election in the same manner as 6 provided in § 9-13-13. 7 Section 26. That § 9-13-41 be AMENDED: 8 9-13-41. If a municipality schedules an annual a regular election on the first 9 Tuesday after the first Monday in November, the term of office for each office holder whose 10 term was to expire earlier in that year shall must have the term extended until the office 11 holder or another candidate for the office is duly elected and qualified. 12 26.223.33 11 1030 HB1030 ENROLLED If a municipality schedules an annual a regular election on the first Tuesday after 13 the first Monday in June to elect an office that was previously elected in November, the 14 office holder who was elected in November must be is entitled to complete the term of 15 office to which the office holder was elected. 16 Section 27. That § 9-20-11 be AMENDED: 17 9-20-11. The Within ten days of the presentation of a petition pursuant to § 9-20-18 6, 9-20-6, the governing body shall, upon the presentation of a petition pursuant to § 9-20-6, 19 shall submit the question to the electors at the next annual a special election to be held on a 20 Tuesday no sooner than sixty nor later than ninety days from the date of the order of the 21 governing body. If the petition is presented before the next regular municipal election or 22 the next general election, whichever is earlier election and within sufficient time to comply with 23 the provisions of § 9-13-14, the question may be submitted at that election. 24 Pending the election, the governing body may not take no any action with respect 25 to the subject matter of the petition that would alter or preempt the effect of the proposed 26 petition. However, 26.223.33 12 1030 HB1030 ENROLLED An Act to amend provisions pertaining to the governing body may expedite timing of municipal elections. I certify that the date attached Act originated in the: House as Bill No. 1030 Chief Clerk of the election by ordering, 27 within ten days of receiving the petition, a special election to be held on a Tuesday not 28 less than thirty days from the date House Speaker of the order House Attest: Chief Clerk of the governing body. 29 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