(Senate Bill 112)
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;
county and precinct offices, by the board of county commissioners,
except vacancies on such board; (3)(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 (4)(5) In
special purpose districts, unless otherwise provided, by the
remaining board of trustees.
Signed March 25, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.