(A) General. If a vacancy exists on a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special election for the remainder of the unexpired term as provided in division (D)
(B) Aldermanic form. In the aldermanic form of municipal government, the appointment must be a person from the same ward of the first or second class municipality.
(C) 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 SDCL § 9-13-6.
(SDCL § 9-13-14.1)
(D) Special elections to fill vacancy on governing board, office of mayor; procedures.
(1) The governing body of any municipality may, by ordinance, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in SDCL § 9-13-14 and this division.
(2) No such special election may be held less than 90 days before the annual municipal election. The finance officer of the municipality shall publish a notice in the official newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by the special election, the date of the election, and the time and place where nominating petitions may be filed for office.
(3) The notice shall be published once each week for two consecutive weeks beginning at least 60 days before the special election. Nominating petitions for the vacancy shall be prepared and filed as provided in SDCL § 9-13-7, may not be circulated more than 60 days before the date of the special election, and shall be filed at least 30 days before the date of the special election. The number of signers required for a nominating petition shall be calculated as provided in SDCL § 9- 13-9. If a nominating petition is filed before the second Tuesday in January, the prior year’s calculation of registered voters shall be used. A notice of the special election shall be published as provided in SDCL §§ 9-13-13 and 9-13-14.
(SDCL § 9-13-14.2)
(E) Elected official to hold office until vacancy filled. If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to divisions (C) or (D).
(SDCL § 9-13-14.36)
Cross-reference:
Temporary vacancy of mayor in aldermanic form, see § 30.036