2006 Session Laws Chapter 29

ENTITLED, An Act to prescribe the form of certain ballots used in local elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 9-13-22 be repealed.

Section 2. That § 11-2-46 be amended to read as follows:

11-2-46. The vote upon the question of establishing a special zoning area shall be by ballot ~~in the form provided by § 9-13-22~~ which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney . If a majority of those voting vote in favor of the establishment, the territory is from that time a special zoning area by the name and style specified in the order of the board ~~; otherwise, no further proceedings may be taken thereon~~ .

Section 3. That § 6-16-5 be amended to read as follows:

6-16-5. The county auditor shall set a date, time, and location for a meeting to be held within the district to conduct an election on the question of formation of the special district. The date may not be more than sixty days after the appropriate board declares that the application for incorporation ~~to be~~ is valid. The auditor shall appoint three judges of election, one of whom shall serve as the superintendent, to conduct the election. The vote upon the question of incorporation shall be by ballot ~~in the form provided by § 9-13-22~~ which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney . After the vote is cast and counted, the judges shall prepare a certification showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation, and shall return the certification to the county auditor. If a majority of the votes cast on the question of formation is in favor, an election shall be conducted by those present at the same meeting to elect the initial board of directors or trustees.

Section 4. That § 9-3-10 be amended to read as follows:

9-3-10. The vote upon the question of incorporation of a territory shall be by ballot ~~in the form provided by § 9-13-22~~ which conforms to a ballot for a statewide question except that the statement required to be printed on the ballot shall be prepared by the state's attorney .

If a majority vote in favor of the incorporation, such territory ~~shall from that time be~~ is deemed a municipality by the name and style specified in the order of incorporation of the board of county commissioners ~~; otherwise no further proceedings shall be taken therein~~ .

Section 5. That § 9-10-1 be amended to read as follows:

9-10-1. ~~Whenever~~ If a petition signed by fifteen percent of the registered voters of any first or second class municipality as determined by the total number of registered voters at the last preceding general election is presented requesting that an election be called to vote upon the proposition of employing a city manager, the governing body shall call an election for that purpose to be held within ~~twenty~~ sixty days from the date of filing such petition with the auditor.