BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-7-5 be amended to read as follows:
13-7-5. Between the fifteenth day and the thirtieth day of the month three months preceding the election, except in the case of the joint election as provided in § 13-7-10.1, the business manager of each school district shall publish once each week for two consecutive weeks in the official newspaper, a notice setting forth the vacancies which will occur by termination of the terms of the elective or appointive school board members. However, if the vacancies set forth in the notice exist within a new school board of a newly created school district entity pursuant to § 13-6-62, the county auditor of the county having jurisdiction over the election shall publish the notice once each week for two consecutive weeks at least one month preceding the election. The notice shall also state the time and place where nominating petitions for school board membership may be filed for the vacancies.
Section 2. That § 13-7-6 be amended to read as follows:
13-7-6. No candidate for elective school board membership may be nominated unless such person is a resident voter of the school district and unless a nominating petition has been filed on such person's behalf with the business manager of the school district. The nominating petition shall be filed no later than five p.m. on the Friday thirty-nine days before the date of the election. However, if the nominating petition is from a candidate for a vacancy on a new school board within a newly created school district entity pursuant to § 13-6-62, the nominating petition shall be filed no later than thirty days prior to the date of the election. The petition is considered filed if it is mailed
by registered or certified mail by five p.m. on the Friday thirty-nine days before the election. A
formal declaration of a candidate shall be signed by the candidate before the circulation of the
petition. The petition shall be signed by not less than twenty voters of the school district or if the
school district is divided into school board representation areas, the petition shall be signed by not
less than twenty voters who reside within the school board representation area. No petition may be
circulated until ten weeks prior to the election. There shall be added by either the signer or the
circulator the signer's place of residence and date of signing. The petition shall be verified under oath
by the person circulating it. The filing of the nominating petition shall constitute nomination and will
entitle the candidate to have the candidate's name placed on the ballot for the term the candidate
specifies on the petition only upon verification signed by the business manager that the nominating
petition contains the minimum number of signatures and that the candidate is a resident voter.
Section
3.
Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
An Act to revise the publishing requirement for school board vacancies in newly created school districts, to revise the deadline by which candidates for new school boards must file nominating petitions, and to declare an emergency.
I certify that the attached Act originated in the
HOUSE as
Bill
No.
1233
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1233
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |