2016 Senate Bill 65 -

State of South Dakota  

595X0373   SENATE LOCAL GOVERNMENT ENGROSSED    NO.  SB 65 -  01/27/2016  

Introduced by:    Senators Fiegen, Ewing, Omdahl, Otten (Ernie), Peters, Solano, Tieszen, and White and Representatives Hawks, Campbell, Heinemann (Leslie), Stalzer, and Steinhauer

        FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall petition.
    Section 1. That § 9-13-30 be amended to read:
    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, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the auditor finance officer and presented by the auditor finance officer to the governing body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The petition shall contain a specific statement of the grounds on which removal is sought. The form for the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter 1-26. No signature on a petition is valid if signed more than sixty days prior to before the filing of the petitions. When a petition to recall is filed with the finance officer, the finance officer shall present the petition to the governing body at its next

meeting. Only the petition signatures may be challenged in the manner established in §§ 12-1-13 to 12-1-16, inclusive.
    Section 2. That § 9-13-31 be amended to read:
    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. If a petition is filed on or after January first prior to December thirty-first before the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question of a successor shall be submitted at that annual election.

    The governing body shall have a notice of election published in the same manner as provided in § 9-13-13.