CHAPTER 32:  ELECTIONS

Section

   32.01   Ballots

   32.02   Required notices

   32.03   Special elections

   32.04   Local campaign finance ordinances

   32.05   Nominating petition

   32.06   Election returns and notice of election to candidates

Cross-reference:

   Local provisions, see Title XVII

Statutory reference:

   For campaign finance requirements, see SDCL Chapter 12-27

§ 32.01 BALLOTS.

   (A)   Preparation of ballots.  The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots.  The quantity of ballots shall be at least 10% more than the number of voters at the comparable election.  The ballots shall be white in color, of good quality of print paper, printed in black ink, and in the English language only.

   (B)   Availability of ballots. The ballots for municipal elections shall be available for absentee voting no later than 15 days prior to election day. If the ballots are for a secondary election, the ballots shall be available no later than seven days prior to the secondary election day. Absentee voting shall be conducted pursuant to SDCL Chapter 12-19.

   (C)   Form of ballots.  The names of the candidates for each office to be voted for in the precinct shall be arranged without any other designation than that of the office for which they are candidates.  If more than one member of the governing body is to be elected, the ballot shall contain instructions as to how many candidates for the governing body are to be voted for.  The finance officer shall determine, by lot, each candidate's position on the ballot.  Each candidate may be present or represented when the position on the ballot is being determined.  No candidate's name may be printed upon the official ballot unless the candidate has been nominated as provided in this SDCL Chapter 9-13.

(SDCL § 9-13-21)

§ 32.02 REQUIRED NOTICES.

   Municipal officials shall make the following legal publications in the official newspaper in conjunction with municipal elections:

   (A)   The finance officer of the municipality shall publish a notice identifying which vacancies will occur by termination of the terms of office of elective officers, stating the time and place where nominating petitions may be filed.  These notices are to be published once each week for two consecutive weeks between January 15 and January 30.

(SDCL § 9-13-6)

   (B)   Two notices of the availability of registration officials, stating when registration will be  terminated and the effect of a failure to register. The notice must be published at least once each week for two consecutive weeks.  The last publication to be not less than ten nor more than 15 days before the deadline for registration.

(SDCL § 12-4-5.2)

   (C)   (1)   A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice and ballot shall be published in the official newspaper or newspapers of the municipality as designated in SDCL § 9-12-6.

      (2)   If no newspaper is published in the municipality, the notice shall also be posted in three of the most public places in the municipality.

(SDCL § 9-13-13)

   (D)   If there is to be a secondary election, a notice of election shall be published once during the week before any secondary election, which shall include a list of all persons appearing on the ballot for the election.

§ 32.03 SPECIAL ELECTIONS.

   (A)    Every special election authorized by law, except as provided in SDCL §§ 6-8B-4 and 9-13-14.2, shall be held upon the same notice, at the same polling places, be conducted, returned, and canvassed, and the result declared as provided herein for the annual municipal election.

   (B)   The notice of such special election shall state any question or questions to be voted upon.

(SDCL § 9-13-14)

Cross-reference:

   Special elections, see § 30.003

§ 32.04 LOCAL CAMPAIGN FINANCE ORDINANCES.

   Any municipality may adopt an ordinance to meet the provisions of SDCL Chapter 12-27 with or without any amendments applicable to municipal elections.  Candidates are required to file campaign contributions and expenditure reports.

(SDCL§ 12-1-2.1)

Statutory reference:

   For candidate’s financial interest statements, see SDCL § 12-25-30