An Act to provide permissible dates for municipal and school district elections.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 9-13-1 be AMENDED:

9-13-1. In each municipality an annual election for the election of officers shall must be held each year on the second Tuesday of April of each year 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 as designated by the governing body shall designate. If the governing body of the municipality chooses a different election day as provided in this chapter, the of the municipality. The governing body shall establish such the date of the annual election day by January fourteenth of the election year. The polls at the election shall must be kept open continuously from seven a.m. until seven p.m.

Section 2. That § 9-13-1.1 be AMENDED:

9-13-1.1. Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election is subject to approval by the governing body of the school district. The combined election shall be held on the regular date set for either the general municipal election or the school district election and all dates associated with either election pursuant to chapters 9-13 and 13-7 shall be adjusted accordingly must be approved by the board of the school district and must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November.

Expenses and governmental responsibilities of a combined election shall must be shared in a manner agreed upon by the governing bodies body of the municipality and the board of the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.

Section 3. That § 9-13-5 be AMENDED:

9-13-5. No election shall may be held in any municipality, or ward thereof, wherein there is no if:

(1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and

(2) No other question is to be submitted to the voters or wherein there are no opposing candidates for any office; in case there are no opposing candidates the.

The auditor or clerk shall issue certificates of election to the unopposed nominees, if any, in the same manner as to successful candidates after election.

Section 4. That § 9-13-6 be AMENDED:

9-13-6. The finance officer of the municipality shall have a notice published in the official newspaper of the municipality setting forth the vacancies which that will occur by termination of the terms of office of elective officers. The notice shall must also state the time and place where nominating petitions may be filed for such the offices. The notice shall must be published once each week for two consecutive weeks between the fifteenth day of January and the thirtieth day of January the month six months before the election.

Section 5. That § 9-13-6.1 be AMENDED:

9-13-6.1. If more than one commissioner or alderman is to be elected for a like term, the governing body before October first in the year preceding the election may, at least six months before the election before October first in the year preceding the election, approve an ordinance designating requiring that candidates shall run for a specific position such as "A" and "B" with each position representing one of the incumbent seats.

Section 6. That § 9-13-7 be AMENDED:

9-13-7. No candidate for elective municipal office may be nominated unless the candidate files a nominating petition is filed with the finance officer no later than five p.m. on the last Friday in February preceding on the Tuesday seventy days before the day date of the election. The A petition shall be is considered filed if it is mailed by registered mail by five p.m. on the last Friday in February before the election. The petition shall contain the name, residence address, and mailing address of the candidate and the office for which the candidate is nominated and shall day to file a petition. The petition must be on the form prescribed by the State Board of Elections. The signer's and must contain:

(1) The name of the candidate;

(2) The candidate's residential address;

(3) The candidate's mailing address, if applicable; and

(4) The office the candidate seeks.

If an individual who signs a petition lives within a second-class or third-class municipality, the individual may give the individual's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.

The finance officer may only accept a nominating petitions that are petition that is on the prescribed form and were was circulated and submitted pursuant to the provisions in chapters 9-13 of this chapter and chapter 12-6. Upon verification signed by the municipal finance officer or clerk The municipal finance officer or clerk shall verify by signature that the nominating petition contains the minimum number of signatures of registered voters within either the municipality or ward, or both, and that the candidate is a registered voter within either the municipality or ward, or both,. Upon verification, the filing of the a nominating petition constitutes nomination.

Section 7. That § 9-13-9 be AMENDED:

9-13-9. In municipalities of the first and second class, if the If a candidate is to be voted for by the voters elected at large in a first-class or second-class municipality, a nominating petition shall must 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 of the month five months before the election, or fifty voters, whichever is less.

If the candidate is to be voted for by the voters of elected for a ward of a first-class or second-class municipality of the first or second class having that has more than one ward, a nominating petition shall must 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 of the month five months before the election, or fifty voters, whichever is less.

In municipalities of the third class, if the If a candidate is to be voted for by the voters elected at large in a third-class municipality, the nominating petition shall must be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of elected for a ward of a third-class municipality having more than one ward, the nominating petition shall must be signed by not less than three registered voters of the ward. A petition signer registered voter in a municipality of the third class is not restricted in the number of petitions which the person may sign more than one petition.

No A nominating petition may not be circulated until on or after prior to the last Friday in January more than four months before the election.

Section 8. That § 9-13-14.1 be AMENDED:

9-13-14.1. If Except as otherwise provided in this section, if a vacancy exists on a municipal governing body, the remaining members shall must appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special 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 appointment shall be a person replacement must be an individual from the same ward of the municipality. If electing a person to fill the remainder of the unexpired term at an annual municipal election, the vacancy shall have occurred prior to the publication required by § 9-13-6.

Section 9. That § 9-13-25 be AMENDED:

9-13-25. In any municipality, Except as otherwise provided in this section, the person having the highest number of votes for any municipal office shall be declared is elected. However, the

The governing board body of any municipality may, on or before the first of October in the year preceding, approve an ordinance requiring by ordinance enacted at least six months before before October first in the year preceding the election, require a runoff election to be conducted pursuant to §§ 9-13-26.1 and 9-13-27.1.

Section 10. That § 9-13-31 be AMENDED:

9-13-31. The governing body shall, within ten days of presentation, order and fix a the date for holding a special election, to be on a Tuesday not less than between thirty nor more than and fifty days from the date of the order of the governing body. If a petition is filed after December thirty-first before within six months of the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question of a successor shall must be submitted at that annual election.

The governing body shall have publish a notice of election published in the same manner as provided in § 9-13-13.

Section 11. That § 9-13-37 be AMENDED:

9-13-37. Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to shall, in even-numbered years, hold a the general municipal election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the municipality is located. Expenses or the regular November general election. The expenses and governmental responsibilities of a combined election shall must be shared in a manner agreed upon by the governing body of the municipality and the board of county commissions commissioners involved. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and Title 12 shall be shared as agreed upon by the governing bodies. The finance officer shall publish the notice required in § 9-13-6 between February fifteenth and March first.

No A nominating petition may not be circulated for signatures until March first. Nominating petitions shall more than four months before the election. A nominating petition must be filed under the provisions of § 9-13-7 by the last Tuesday in March at least seventy days before the election. The finance officer shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March sixty-eight days before the election.

Section 12. That a NEW SECTION be added to chapter 9-13:

If a municipality schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified.

If a municipality schedules an annual 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 must be entitled to complete the term of office to which the office holder was elected.

Section 12. That § 13-7-5 be AMENDED:

13-7-5. Between the fifteenth day and the thirtieth day of the month three months preceding six months before the election, except in the case of the joint election as provided in § 13-7-10.1, the business manager of each school district shall publish once each week for two consecutive weeks in the official newspaper, a notice setting forth the vacancies which that will occur by termination of the terms of the elective or appointive school board members. However, if

If the vacancies set forth in the notice exist within a new school board of a newly created school district entity pursuant to § 13-6-62, the county auditor of the county having jurisdiction over the election shall must publish the notice once each week for two consecutive weeks at least one month preceding the election. The notice shall must also state the time and place where nominating petitions for school board membership may be filed for the vacancies.

Section 13. That § 13-7-6 be AMENDED:

13-7-6. No candidate for elective school board membership may be nominated unless such person the candidate is a resident voter of the school district and unless the candidate files a nominating petition has been filed on such person's behalf with the business manager of the school district. The candidate must file the nominating petition shall be filed no later than five p.m. on the Friday thirty-nine Tuesday seventy days before the date of the election. The petition is considered timely filed if it the petition is mailed by registered mail by five p.m. on the Friday thirty-nine Tuesday seventy days before the date of the election. A

The candidate shall sign a formal declaration of a candidate shall be signed by the candidate of candidacy before the circulation of the petition. The petition shall must be signed by not less than at least twenty voters of the school district or if the school district is divided into school board representation areas, the petition shall must be signed by not less than at least twenty voters who reside within the school board representation area. No A nominating petition may not be circulated until more than ten weeks prior to more than four months before the election. There shall be added by either the signer

An individual who signs a petition or the petition circulator the signer's shall write the individual's place of residence and date of signing. The petition shall be verified circulator must verify the petition under oath by the person circulating it.

The business manager shall verify by signature that the candidate is a resident voter of the school district and that the nominating petition contains the minimum number of signatures. Upon verification by the business manager, the filing of the nominating petition shall constitute constitutes nomination and will entitle entitles the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition only upon verification signed by the business manager that the nominating petition contains the minimum number of signatures and that the candidate is a resident voter.

Section 14. That § 13-7-9 be AMENDED:

13-7-9. In school districts if only one nominating petition is filed for each board vacancy to be filled and if there are no No election may be held in a school district if:

(1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and

(2) No other questions are to be submitted to the voters, there shall be no election and the notices and publication provided in § 13-7-8 will not be necessary, but the.

The business manager shall issue certificates of election to the unopposed nominees in the same manner as to successful candidates after election.

Section 15. That § 13-7-10 be AMENDED:

13-7-10. The regular election for school districts shall be held between the second Tuesday in April and the third Tuesday in June Unless otherwise exempted by law, each school district must hold an annual election on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, between the hours of seven a.m. and seven p.m. of the day of the election. The school board shall select the date of the election by resolution no later than the first regular meeting after January first of each year. Voter registration, absentee voting, and procedures used in counting ballots shall must be in accordance with Title title 12, except as specifically otherwise provided in this chapter 13-7.

Section 16. That § 13-7-10.1 be AMENDED:

13-7-10.1. The members of the governing body board of a school district may, in odd-numbered years, choose to hold a general school district election in conjunction with a regular municipal election. The combined election is subject to approval must be approved by the governing body of the municipality. The combined election shall must be held on the regular date set for either the school district election or the general municipal election first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. Expenses The expenses and governmental responsibilities of a combined election shall must be shared in a manner agreed upon by the governing bodies body of the municipality and the board of the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.

Section 17. That § 13-7-10.3 be AMENDED:

13-7-10.3. Any other provision of this chapter notwithstanding, the school board may choose to hold board of a school district shall, in even-numbered years, hold the school board election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the school district is located or the regular November general election. Expenses of a combined election shall must be shared in a manner agreed upon by the school board and the boards of county commissions commissioners involved. All other governmental responsibilities associated with holding elections under the provisions of chapter 13-7 and Title 12 shall title 12 and this chapter must be shared as agreed upon by the governing bodies board of the school district and the boards of county commissioners involved. The school election official shall certify to the appropriate county auditor auditors the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March sixty-eight days before the election.

Section 19. That a NEW SECTION be added to chapter 13-7:

If the board of a school district schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified.

If the board of a school district schedules an annual 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 must be entitled to complete the term of office to which the office holder was elected.

Section 18. That § 13-8-14 be AMENDED:

13-8-14. The Any individual newly elected members of the school to the board of a school district shall qualify and assume membership at the annual first meeting of the school board in July, and following the canvas of the votes. An individual appointed members to the board of a school district shall qualify and assume membership at the next meeting following such the individual's appointment, by taking and subscribing.

Any individual elected or appointed to the board of a school district must take and subscribe to an oath or affirmation to support the laws and Constitution of the United States and the State of South Dakota this state and to faithfully perform the duties of school board membership and by filing. An individual elected or appointed to the board of a school district must file a bond if required by law and having it and must have the bond approved.

Section 19. That § 9-13-1.2 be REPEALED.

If the joint election provided for in §§ 9-13-1.1 and 13-7-10.1 is scheduled for a date other than the second Tuesday in April, all dates associated with the election are those provided in chapter 13-7.

Section 20. That § 9-13-40 be REPEALED.

Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to hold a municipal election on the first Tuesday after the first Monday in June. The finance officer shall publish the notice required in § 9-13-6 between February fifteenth and March first. No nominating petition may be circulated for signature until March first. Nominating petitions shall be filed under the provisions of § 9-13-7 by the last Tuesday in March. All other governmental responsibilities associated with holding elections under the provisions of chapter 9-13 shall be met by the municipality.

Section 21. That § 13-7-10.2 be REPEALED.

If the joint election provided for in § 13-7-10.1 is held on the second Tuesday in April, no candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless a nominating petition has been filed on the candidate's behalf with the business manager of the school district no later than the last Friday in February at five p.m. prior to the date of the election. If the petition is mailed by registered mail by the last Friday in February at five p.m. before the election, it shall be considered filed. A formal declaration of a candidate shall be signed by the candidate before the circulation of the petition. The petition shall be signed by not less than twenty voters of the school district. No petition may be circulated until the last Friday in January before the election. There shall be added by either the signer or the circulator the signer's place of residence and date of signing. The petition shall be verified under oath by the person circulating the petition. The filing of the nominating petition shall constitute nomination and will entitle the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition only upon verification signed by the business manager that the nominating petition contains the minimum number of signatures and that the candidate is a resident voter.

Publication of the notice of the election provided for in § 13-7-10.1 shall be in accordance with § 13-7-8.

Section 22. That § 13-7-10.4 be REPEALED.

For any school board election held on the first Tuesday after the first Monday in June, the deadlines in this section apply. The school's election official shall publish the notice provided in § 13-7-5 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of § 13-7-6 by the last Tuesday in March.

Section 23. This Act is effective beginning January 1, 2026.