Laws governing recall in South Dakota
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The recall of local elected government officials in South Dakota is governed by Sections 13(29) through 13(35) of Chapter 9 of South Dakota Codified Law (SDCL).
Who may be recalled?
In South Dakota, the right of recall extends to "the mayor, any commissioner, any alderman, or any member of the board of trustees" in municipal jurisdictions. It does not extend to members of the South Dakota State Legislature, representatives from South Dakota to the U.S. Congress or to statewide constitutional officers such as the Governor of South Dakota.
Features of the law
Commencement
A recall campaign against a public official may begin at any time.
Grounds must be given
| Can you recall a federal official? | |
| The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation » | |
According to §9-13-30, "The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality."
Signature requirements
- See also: South Dakota signature requirements
According to §9-13-30, "A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election..." is required.
Time allowed to collect signatures
According to §9-13-30, "No signature on a petition is valid if signed more than sixty days prior to the filing of the petitions," which means that the signatures must be collected within a 60-day window.
Date of recall election
According to SCDL 9-13-31, "the governing body shall, upon the presentation of a petition pursuant to §9-13-30, within ten days, order and fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body."
See also
- Laws governing recall
- States that have pre-petition signature requirements for recalls
- States that require grounds for recalls
External links
- SDCL 9-13-29 "Municipal officers subject to recall"
- SDCL 9-13-30 "Petition for recall--Number of signatures--Grounds--Time limits"
- SDCL 9-13-31 "Special election on recall petition--Notice and arrangements"
- SDCL 9-13-32 "Incumbent as candidate in recall election--Other candidates--Secondary election on recall"
- SDCL 9-13-33 "Continuation of incumbent in office if re-elected"
- SDCL 9-13-34 "Removal of incumbent from office by election of another at recall--Qualification of successor"
- SDCL 9-13-35 "Term of office of successor elected at recall election"
