Chapter 21

(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;

(2)(3) In 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.

Overstrikes indicate deleted language.