21.369.13 96th Legislative Session 565

2021 South Dakota Legislature

Senate Bill 112


An Act

ENTITLED An Act to establish requirements for filling the vacancies of certain constitutional offices.

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

Section 1. That § 3-4-3 be AMENDED.

3-4-3. Appointments to fill vacancies--By whom made.

All vacancies, except in the office of a member of the Legislature, representative in Congress, and United States Senator, shall be filled by appointment, as follows:

(1) The attorney general, secretary of state, state auditor, state treasurer, and commissioner of school and public lands, by the Governor with the advice and consent of the Senate. However, if a vacancy occurs in any of the offices listed in this subdivision while the Legislature is in recess, the Governor shall make a temporary appointment until the next session of the Legislature;

(2) In other state and district offices, and the Office of Supreme Court Justice and Circuit Judge, by the Governor;

(3) In county and precinct offices, by the board of county commissioners, except vacancies on such board;

(4) In civil township offices, by the board of supervisors or a majority of them, by warrant under their hands; and if a vacancy occurs from any cause in the foregoing board of appointment the remaining officers of such board shall fill any vacancy therein; and

(5) In special purpose districts, unless otherwise provided, by the remaining board of trustees.

An Act to establish requirements for filling the vacancies of certain constitutional offices.

I certify that the attached Act originated in the:

Senate as Bill No. 112

Secretary of the Senate

President of the Senate


Secretary of the Senate

Speaker of the House


Chief Clerk

Senate Bill No. 112

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.


for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021




Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State


Asst. Secretary of State