For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOMICILE.
(1) A person’s true, fixed and permanent living place. DOMICILE is the place to which a person intends to return after temporary absences.
(2) For purposes of this section, a person may have only one primary DOMICILE.
LEGAL VOTER. To qualify as a LEGAL VOTER in the Town of Hermosa elections as a candidate for public office to become a member of the Hermosa Board of Trustees, the candidate must:
(1) Be a citizen of the United States;
(2) Actually live at and have no present intention of leaving the address described as their residency;
(3) Be at least 18 years of age on the date of the next election;
(4) Has not been adjudged mentally incompetent;
(5) Is not currently serving a sentence for a felony conviction;
(6) Has canceled any previous voter registration; and
(7) Further, pursuant to SDCL § 9-14-2, the candidate must have resided in the municipality at least three months prior to the election. Specifically, SDCL § 9-14-2 provides that except as otherwise provided, no person may hold any elected municipal office who is not a qualified voter of the municipality and who has not resided therein at least three months next preceding his election or appointment. If the person has resided in an area annexed, pursuant to SDCL Chapter 9-4, for at least three months, he or she may hold any municipal office. No person may hold any municipal office who is a defaulter to the municipality. This definition does not apply to appointive officers.
RESIDENCE. In determining the place of RESIDENCE, the following rules are to be observed:
(1) There can only be one RESIDENCE;
(2) A RESIDENCE is the place where one remains when not called elsewhere for labor (work, job) or other special or temporary purpose, and to which one regularly returns for primary shelter; and
(3) The RESIDENCE can be changed only by the union of act and intent. The actual ongoing, regular physical presence, in a new domicile, constitutes a new RESIDENCE.
(Ord. 1.005A, passed 11-18-2008; Ord. passed 3-1-2022)