FOR AN ACT ENTITLED, An Act to clarify voting eligibility and procedures for certain municipal incorporation elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 9-3 be amended by adding thereto a NEW SECTION to read as follows:

     In any election for the original incorporation of a municipality around all or a part of the shoreline of a lake, all owners of land as shown by the records of the county register of deeds within the proposed incorporated area, whether residents or not, and all resident voters in the proposed incorporated area, are entitled to vote.
     Section  2.  That chapter 9-3 be amended by adding thereto a NEW SECTION to read as follows:

     The incorporation voting process after election of the inspectors shall be conducted pursuant to Title 12 and shall include the right to vote by absentee ballot.
     Section  3.  That § 9-3-3 be amended to read as follows:
     9-3-3.   Such persons shall cause an accurate census to be taken of the landowners and the resident population of the territory included in said the map as of a day not more than thirty days

previous to the time of presenting such application to the board of county commissioners as hereinafter provided. Such The census shall exhibit the name of every landowner and head of a family residing within such the territory on such that day and the number of persons belonging to every such family and shall also state the names of all persons residing within such the territory at such the time. It The census shall be verified by the affidavit of the person taking the same census .
     Section  4.  That § 9-3-5 be amended to read as follows:
     9-3-5.   The application for incorporation shall be by a petition subscribed and verified by the applicants and subscribed by not less than fifteen percent of the landowners and registered voters residing within such the territory, based upon the total number of landowners and registered voters at the last preceding general election. It shall set forth the boundaries and area thereof according to the survey and the landowner and resident population thereof according to the census taken. It shall be presented at the time indicated in the notice of such the application or as soon thereafter as the board of county commissioners can receive and consider the same application .

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BILL HISTORY
1/19/99 First read in House and referred to Local Government.   H.J.   85
1/28/99 Scheduled for Committee hearing on this date.
2/2/99 Scheduled for Committee hearing on this date.
2/2/99 Local Government Do Pass Amended, Passed, AYES 7, NAYS 6.   H.J.   314