CHAPTER 13-7
SCHOOL DISTRICT ELECTIONS
13-7-1 13-7-1, 13-7-2. Repealed by SL 1973, ch 69, § 4
13-7-3 Public offices incompatible with board membership.
13-7-4 Registration of voters--Notice of registration.
13-7-4.1 13-7-4.1. Repealed by SL 1995, ch 87, § 20
13-7-4.2 Registration and residence required to vote in school election--Residence defined--Challenge--Contest of election.
13-7-5 Publication of notice of vacancies on school board--Newly created school districts.
13-7-6 Filing of candidate's nominating petition--Formal declaration of candidacy--Contents, circulation, and verification of nominating petition.
13-7-6.1 Option to adopt campaign finance law.
13-7-6.2 Candidate's nominating petition in newly created school district.
13-7-7 Withdrawal by candidate for board membership.
13-7-8 Publication of notice of election--Contents--Facsimile of ballot.
13-7-8.1 Notice of special election.
13-7-9 Election not held if no contest or question--Certificates of election.
13-7-9.1 Death or withdrawal of candidate resulting in no contest.
13-7-9.5 13-7-9.5, 13-7-9.6. Repealed by SL 1999, ch 78, §§ 1, 2
13-7-10 Date and hours of annual school elections--Procedure for absentee voting, voter registration, and counting ballots.
13-7-10.1 Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities.
13-7-10.2 Notices and nomination procedure for certain joint elections.
13-7-10.3 Joint school board and primary elections.
13-7-10.4 Notices and nomination procedure for joint board and primary elections.
13-7-11 Voting precincts and polling places.
13-7-12 Precinct superintendents and precinct deputies of school elections--Compensation.
13-7-13 Ballots and election supplies--Form and content of ballots--Absentee ballots.
13-7-14 Absentee voting in school elections.
13-7-15 13-7-15, 13-7-16. Repealed by SL 1973, ch 86, § 20
13-7-17 Certification of school district election returns--Preservation of ballots and ballot boxes.
13-7-18 Canvass of election results--Certificates of election--Certification of results.
13-7-19 13-7-19. Repealed by SL 1981, ch 130, § 1
13-7-19.1 Tie vote--Recount procedure--Resolution by lot.
13-7-19.2 Close margin in school board election--Request for recount--Recount board established.
13-7-19.3 Close margin in school election--Petition for recount--Appointment of recount board--Production of ballot boxes--Disputes.
13-7-19.4 Compensation of recount board.
13-7-20 13-7-20. Repealed by SL 1973, ch 67, § 4
13-7-21 13-7-21 to 13-7-26. Repealed by SL 1973, ch 86, § 20
13-7-27 Definitions.
13-7-28 13-7-28, 13-7-29. Repealed by SL 2010, ch 80, § 3, eff. Jan. 1, 2012.
13-7-30 Information regarding school elections to be provided in school board minutes.
13-7-31 Time for providing election information.
13-7-32 Joint school-primary elections--Increase or decrease of school board terms subject to referendum.
13-7-33 Joint school-primary elections--Number of vacancies and term years determined by school board.
13-7-34 Joint school-primary elections--Procedure to return school board term to three years.
13-7-3. Public offices incompatible with board membership.
No elective county, municipal, or state officer or the holder of any other office, the duties of which are incompatible or inconsistent with the duties of a school board member, shall be eligible for such membership.
Source: SL 1955, ch 41, ch 9, § 9; SDC Supp 1960, § 15.2309; SL 1975, ch 128, § 30.
13-7-4. Registration of voters--Notice of registration.
Registration to vote and notice of registration in school district elections shall be as provided in chapter 12-4.
Source: SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1961, ch 92, § 24; SL 1975, ch 119, § 18; SL 1975, ch 128, § 31.
13-7-4.2. Registration and residence required to vote in school election--Residence defined--Challenge--Contest of election.
No person may vote at any school election unless the person is registered to vote pursuant to chapter 12-4 and resides in the school district at the time of the election. For the purposes of this section, a person resides in the school district if the person actually lives in the school district for at least thirty days each year, is a full-time postsecondary education student who resided in the school district immediately prior to leaving for the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the school district. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10. No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10.
Source: SL 1998, ch 45, § 2; SL 2001, ch 43, § 2; SL 2002, ch 46, § 2.
13-7-5. Publication of notice of vacancies on school board--Newly created school districts.
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.
Source: SDC 1939, § 15.2509; SL 1949, ch 70; SL 1951, ch 63, § 1; SL 1955, ch 41, ch 9, § 11; SL 1955, ch 44; SL 1957, ch 64, § 3; SDC Supp 1960, § 15.2311; SL 1968, ch 47, § 2; SL 1975, ch 128, § 32; SL 1976, ch 117, § 1; SL 1979, ch 113, § 1; SL 1985, ch 119, § 1; SL 1995, ch 90, § 3; SL 2004, ch 75, § 6; SL 2007, ch 89, § 1, eff. Feb. 15, 2007.
13-7-6. Filing of candidate's nominating petition--Formal declaration of candidacy--Contents, circulation, and verification of nominating petition.
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. The petition is considered filed if it is mailed by registered 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.
Source: SDC 1939, § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 33; SL 1979, ch 113, § 2; SL 1981, ch 129, § 1; SL 1985, ch 119, § 2; SL 1995, ch 90, § 2; SL 1996, ch 103, § 1; SL 2004, ch 75, § 7; SL 2007, ch 89, § 2, eff. Feb. 15, 2007; SL 2009, ch 69, § 11; SL 2010, ch 74, § 24; SL 2015, ch 77, § 16 rejected Nov. 8, 2016.
13-7-6.1. Option to adopt campaign finance law.
The school district governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27.
Source: SL 1988, ch 60, § 2; SL 2008, ch 67, § 22.
13-7-6.2. Candidate's nominating petition in newly created school district.
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 circulated no more than sixty days prior to the date of the election and filed no later than thirty days prior to the date of the election.
Source: SL 2010, ch 74, § 25.
13-7-7. Withdrawal by candidate for board membership.
Any person who has filed a nominating petition pursuant to § 13-7-6 may withdraw from nomination by request in writing signed by the person and properly acknowledged and filed with the election official of the school district by five p.m. on the deadline day for filing nominating petitions. No name withdrawn may be printed on the ballots to be used.
Source: SDC 1939, § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 34; SL 1979, ch 113, § 3; SL 1981, ch 129, § 2; SL 1985, ch 119, § 3; SL 1995, ch 90, § 4; SL 1996, ch 60, § 5.
13-7-8. Publication of notice of election--Contents--Facsimile of ballot.
The business manager of the school district shall publish in the official newspaper notices of an election once each week for two consecutive weeks with the first publication not less than ten days before the election. The notice shall state the date of the coming school election, the vacancies to be filled with terms of each, the candidates who have filed for these vacancies, questions, if any, to be submitted at the election, and the location of polling places. A facsimile of the official ballot shall be published in the calendar week prior to each election.
Source: SDC 1939, § 15.2511; SL 1955, ch 41, ch 9, § 13; SL 1957, ch 64, § 5; SDC Supp 1960, § 15.2313; SL 1975, ch 128, § 35; SL 1979, ch 113, § 4; SL 1985, ch 119, § 4; SL 2003, ch 43, § 3.
13-7-8.1. Notice of special election.
When a special election is held to decide an issue, the business manager of the school district shall publish notices as provided in § 13-7-8.
Source: SL 1985, ch 119, § 8.
13-7-9. Election not held if no contest or question--Certificates of election.
In school districts if only one nominating petition is filed for each board vacancy to be filled and if there are no other questions to be submitted to the voters, there shall be no election and the notices and publication provided in § 13-7-8 will not be necessary, but the business manager shall issue certificates of election to the nominees in the same manner as to successful candidates after election.
Source: SDC 1939, § 15.2509; SL 1951, ch 63, § 1; SL 1955, ch 41, ch 9, § 13; SL 1955, ch 44; SL 1957, ch 64, § 5; SDC Supp 1960, § 15.2313; SL 1975, ch 128, § 36; SL 1979, ch 113, § 5.
13-7-9.1. Death or withdrawal of candidate resulting in no contest.
If death or withdrawal of a candidate or candidates at any time prior to forty-eight hours preceding the opening of the polls in any school district election occasions that there is no contest on the ballot, that ballot need not be voted and if it constitutes the only ballot to be voted upon, then the election may be canceled by the officer responsible for its conduct and the unopposed candidate issued certificate of election as though duly elected.
Source: SL 1971, ch 95.
13-7-10. Date and hours of annual school elections--Procedure for absentee voting, voter registration, and counting ballots.
The regular election for school districts shall be held between the second Tuesday in April and the third Tuesday in June between the hours of seven a.m. and seven p.m. of the day of the election. The school board shall select the date of the election by resolution no later than the first regular meeting after January first of each year. Voter registration, absentee voting, and procedures used in counting ballots shall be in accordance with Title 12 except as specifically provided in chapter 13-7.
Source: SDC 1939, §§ 15.2309, 15.2509; SL 1945, ch 55, § 1; SL 1951, ch 63, § 1; SL 1955, ch 41, ch 9, § 12; SL 1955, ch 44; SL 1957, ch 64, § 4; SL 1959, ch 65, § 1; SDC Supp 1960, § 15.2312; SL 1975, ch 128, § 37; SL 1985, ch 119, § 5; SL 1995, ch 90, § 1; SL 1997, ch 85, § 1; SL 1999, ch 39, § 2; SL 2002, ch 45, § 4; SL 2023, ch 55, § 8.
13-7-10.1. Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities.
The members of the governing body of a school district may choose to hold a general school district election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date set for either the school district election or the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the municipality and the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.
Source: SL 1981, ch 66, § 2; SL 1985, ch 119, § 6.
13-7-10.2. Notices and nomination procedure for certain joint elections.
If the joint election provided for in § 13-7-10.1 is held on the second Tuesday in April, no candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless a nominating petition has been filed on the candidate's behalf with the business manager of the school district no later than the last Friday in February at five p.m. prior to the date of the election. If the petition is mailed by registered mail by the last Friday in February at five p.m. before the election, it shall be considered filed. 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. No petition may be circulated until the last Friday in January before 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 the petition. 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.
Publication of the notice of the election provided for in § 13-7-10.1 shall be in accordance with § 13-7-8.
Source: SL 1985, ch 119, § 9; SL 1986, ch 67, § 6; SL 2004, ch 75, § 8; SL 2015, ch 77, § 17 rejected Nov. 8, 2016.
13-7-10.3. Joint school board and primary elections.
Any other provision of this chapter notwithstanding, the school board may choose to hold the school board election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the school district is located. Expenses of a combined election shall be shared in a manner agreed upon by the school board and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapter 13-7 and Title 12 shall be shared as agreed upon by the governing bodies. The school election official shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March.
Source: SL 1996, ch 60, § 4; SL 2004, ch 75, § 9; SL 2007, ch 81, § 13.
13-7-10.4. Notices and nomination procedure for joint board and primary elections.
For any school board election held on the first Tuesday after the first Monday in June, the deadlines in this section apply. The school's election official shall publish the notice provided in § 13-7-5 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of § 13-7-6 by the last Tuesday in March.
Source: SL 2004, ch 75, § 11; SL 2005, ch 87, § 5; SL 2007, ch 81, § 14.
13-7-11. Voting precincts and polling places.
The number and place of voting precincts shall be determined by the school board.
Source: SDC 1939, § 15.2513; SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 38.
13-7-12. Precinct superintendents and precinct deputies of school elections--Compensation.
Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the school board. Members of school boards may serve on election boards.
Each precinct superintendent and precinct deputy other than members of school boards shall receive compensation as shall be fixed by the school board and paid from the district treasury.
Source: SDC 1939, §§ 15.2309, 15.2513; SL 1945, ch 55, § 1; SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 39; SL 1999, ch 69, § 54.
13-7-13. Ballots and election supplies--Form and content of ballots--Absentee ballots.
The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election officials on election day. The ballots shall be as prescribed by the State Board of Elections. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. No party affiliation may appear on the ballot and the names of the candidates for the respective vacancies shall be printed on the ballot. Each candidate's position on the ballot shall be chosen by lot by the business manager and each candidate may be present or represented when the position on the ballot is being determined. The ballots for school elections shall be available for absentee voting no later than fifteen days prior to election day.
Source: SDC 1939, § 15.2512; SL 1955, ch 41, ch 9, § 14; SL 1957, ch 64, § 6; SDC Supp 1960, § 15.2314; SL 1975, ch 128, § 40; SL 1979, ch 113, § 6; SL 1995, ch 91; SL 2004, ch 75, § 10; SL 2008, ch 34, § 19; SL 2016, ch 43, § 4.
13-7-14. Absentee voting in school elections.
Absentee voting shall be permitted in school district elections, including school district bond elections and shall be conducted pursuant to chapter 12-19. The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to be voted at the county auditor's office in the county of jurisdiction.
Source: SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 41; SL 1995, ch 92, § 1; SL 2012, ch 85, § 2.
13-7-17. Certification of school district election returns--Preservation of ballots and ballot boxes.
The returns from a school district election shall be certified by the election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, shall be placed in the custody of the school district's business manager, who shall keep such boxes inviolate for at least sixty days after the canvass of the returns.
Source: SDC 1939, § 15.2514; SL 1955, ch 41, ch 9, § 16; SL 1957, ch 64, § 7; SDC Supp 1960, § 15.2316; SL 1975, ch 128, § 42.
13-7-18. Canvass of election results--Certificates of election--Certification of results.
The pollbooks shall be opened and the election results shall be canvassed by the school board at the next meeting and certificates of election shall be issued by the business manager of the district to each successful candidate and election results shall be certified to the county auditor of each county in which the school district is located.
Source: SDC 1939, § 15.2514; SL 1955, ch 41, ch 9, § 16; SL 1957, ch 64, § 7; SDC Supp 1960, § 15.2316; SL 1975, ch 128, § 43; SL 2003, ch 84, § 4.
13-7-19.1. Tie vote--Recount procedure--Resolution by lot.
If a tie vote exists after the canvass of the original official returns, the school board making the canvass shall certify the vote to the business manager. The business manager shall then notify the candidates that if no request for recount is made in writing to the business manager within five days, the winner shall be determined by drawing of lots. If no recount request is made or a tie vote between candidates is found to exist on the basis of such recount, the business manager shall fix a time and place for the drawing of lots, giving reasonable notice of the time and place to each of the candidates involved in the tie vote. Drawing of lots shall be in the manner directed by the business manager and the certificate of election shall be issued to the candidate winning in the drawing of lots.
Source: SL 1981, ch 130, § 2; SL 1995, ch 44, § 4.
13-7-19.2. Close margin in school board election--Request for recount--Recount board established.
If any candidate for the school board is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, the candidate may, within five days after completion of the official canvass, file with the business manager of the school district a written request for a recount. Upon receipt of a recount request, the business manager shall set the time and place for a recount. A recount board shall be established consisting of one person chosen by each candidate declared elected and by each candidate who is eligible to request a recount. If this board consists of an even number of persons, one additional recount board member shall be appointed by the business manager who shall be mutually agreeable to each candidate involved in the recount. The person having custody of the ballot boxes containing the ballots to be recounted shall produce the ballot boxes before the recount board. All questions arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed as expeditiously as reasonably possible until completed.
Source: SL 1982, ch 134, § 1; SL 1995, ch 44, § 5; SL 1999, ch 78, § 3.
13-7-19.3. Close margin in school election--Petition for recount--Appointment of recount board--Production of ballot boxes--Disputes.
A recount shall be conducted if, within five days after completion of the official canvass of a school district regular or special election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three registered voters of the school district file a petition duly verified by such voters, setting forth that they believe a recount will change the outcome. A recount board shall be appointed by the business manager who shall appoint one person on each side of the question and one person who shall be mutually agreed upon by the other two appointed. The person having custody of the ballot boxes containing the ballots to be recounted shall produce the ballot boxes before the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed as expeditiously as reasonably possible until completed.
Source: SL 1982, ch 134, § 2; SL 2002, ch 77, § 6.
13-7-19.4. Compensation of recount board.
In school district election recounts there shall be paid out of the general fund of the school district to the members of the recount board compensation set by the school board, to be not less than the minimum wage established by § 60-11-3.
Source: SL 1982, ch 134, § 3.
13-7-27. Definitions.
The terms "election," "candidate," "election officials," "elector," "voter," and "registration officials" when used in a school district election or petition are defined in § 12-1-3.
Source: SL 1985, ch 119, § 10.
13-7-30. Information regarding school elections to be provided in school board minutes.
For the most recent regular school election conducted in each school district as provided in § 13-7-10, each school board shall provide in the school board minutes the following information:
(1) The number of registered voters of the school district on the date voter registration closes;
(2) The number of registered voters of the school district who voted in the election;
(3) The percentage of registered voters of the school district who voted in the election; and
(4) If the election was held in conjunction with a regular municipal election as provided in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3.
If the regular election was not conducted because there was neither a contested vacancy on the school board nor any question submitted to the voters, the school board shall provide that information in the school board minutes.
Source: SL 2018, ch 91, § 1; SL 2023, ch 55, § 9.
13-7-31. Time for providing election information.
The school election information required in § 13-7-30 shall be provided within sixty days of the official canvass.
Source: SL 2018, ch 91, § 2.
13-7-32. Joint school-primary elections--Increase or decrease of school board terms subject to referendum.
A school board resolution to increase school board terms to four years or to decrease school board terms to two years, pursuant to § 13-8-2, is subject to a referendum if five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, petition, within twenty days after the resolution is enacted, to have the question of approval or disapproval of the resolution to increase or decrease term limits placed upon the ballot at the next scheduled election or at a special election called for that purpose. The business manager shall give notice that the question will be on the ballot at the next scheduled election or at a special election called for that purpose as provided by law for school elections and prepare official ballots according to the provisions of this title.
Source: SL 2023, ch 55, § 3.
13-7-33. Joint school-primary elections--Number of vacancies and term years determined by school board.
If a resolution to increase a school board term to four years is approved, pursuant to § 13-8-2, the school board must designate the number of vacancies and the number of years, not exceeding four years, for each vacancy so that all succeeding elections have, insofar as practicable, the same number of vacancies to be filled.
If a resolution to decrease the length of a school board term from three to two years is approved pursuant to § 13-8-2, each member of the school board must be elected at the regularly scheduled election.
Source: SL 2023, ch 55, § 4.
13-7-34. Joint school-primary elections--Procedure to return school board term to three years.
If a school board has, by resolution, increased the length of terms from three to four years or decreased the length of terms from three to two years for the purpose of holding joint elections pursuant to § 13-7-10.3, the school board may decrease the length of terms from four years to three or increase the length of terms from two to three years using the same procedure as used when altering the length of terms for the purpose of holding joint elections pursuant to § 13-7-10.3, provided that each school board member is entitled to complete the term of office to which the member was elected. The school board is empowered to designate the number of vacancies and the number of the years, not to exceed three years, in each vacancy so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.
Source: SL 2023, ch 55, § 5.
