49-36-1      Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms of directors.
49-36-1.1      Procedure for election.
49-36-1.2      Endorsement of candidate by political party punishable as misdemeanor.
49-36-1.3      Content and filing of nominating petitions.
49-36-1.4      References to party ballot or affiliation prohibited on petition.
49-36-1.5      When placement of names on primary ballot unnecessary.
49-36-1.6      Order of candidate names.
49-36-1.7      Separate ballots for primary elections--Title--Content.
49-36-1.8      Form of ballot prescribed by board.
49-36-1.9      Nominees.
49-36-1.10      Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition.
49-36-2      Duties of election officials.
49-36-3      Certification of election districts by secretary of state--Number of directors--Additional information.
49-36-4      Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote.
49-36-5      Precincts not within district--Attachment to adjacent county.
49-36-6      Vacancies on board of directors--Circumstances creating vacancy--Filling by board of directors.
49-36-7      Oath of directors.
49-36-8      Repealed.
49-36-9      Removal of directors--Grounds for removal.
49-36-10      Exercise of power by board of directors.
49-36-11      Qualifications of director.
49-36-12      Adoption of rules, regulations, and bylaws by directors--Majority as quorum--Majority vote required for action.
49-36-13      Officers of district--Certain officers elected from membership of board of directors.
49-36-14      Bond of treasurer and other designated officers--Amount and conditions of bond--Cost.
49-36-15      General manager as chief executive officer.
49-36-16      Compensation for members of board of directors.
49-36-17      Repealed.
49-36-18      Interest in district contracts prohibited--Violation as ground for removal from office--Interest as voiding obligation under contract.
49-36-19      Authorization to bargain collectively with employees--Rights of employees to organize.

49-36-1. Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms of directors.

After the selection of the original board of directors of a consumers power district as provided for in chapter 49-35, their successors shall be nominated and elected and shall take office as provided in this chapter. Qualified voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified.

Source: SL 1950 (SS), ch 17, §§ 18, 19; SDC Supp 1960, §§ 52.1718, 52.1719; SL 1989, ch 403, § 4.

49-36-1.1. Procedure for election.

All candidates for the office of director of a consumers power district shall be nominated and voted for at the primary and general elections in the manner provided by this chapter.

Source: SL 1989, ch 403, § 5.

49-36-1.2. Endorsement of candidate by political party punishable as misdemeanor.

It is a Class 2 misdemeanor for any political party to endorse or nominate by any convention, or other method, any candidate for director.

Source: SL 1989, ch 403, § 6.

49-36-1.3. Content and filing of nominating petitions.

Nominating petitions for director filed pursuant to this chapter shall state the director position sought, using the designations established by the secretary of state on file in the office of the secretary of state within the time prescribed by § 12-6-4 and shall be signed by not less than fifty registered voters of the district or subdivision of the district. To the extent it is consistent with this chapter, § 12-6-8 shall govern such petitions.

Source: SL 1989, ch 403, § 7.

49-36-1.4. References to party ballot or affiliation prohibited on petition.

In any petition filed by or on behalf of any candidate for nomination to director office at any primary election or any attachment thereto, no reference may be made to any party ballot or to the party affiliation of the candidate.

Source: SL 1989, ch 403, § 8.

49-36-1.5. When placement of names on primary ballot unnecessary.

If nominating petitions filed on behalf of candidates do not exceed twice the number of persons for the number of director positions to be filled, the names of the persons need not be placed upon the primary ballot and the persons shall be the nominees for the positions.

Source: SL 1989, ch 403, § 9.

49-36-1.6. Order of candidate names.

The order of names of director candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate has the right to be present or represented when the arrangement is being determined.

Source: SL 1989, ch 403, § 10.

49-36-1.7. Separate ballots for primary elections--Title--Content.

At all primary elections at which candidates for director office are to be nominated and a primary is required, the county auditors shall prepare and furnish separate ballots upon which shall be placed the names of the candidates for the offices. The ballots shall be entitled "nonpolitical consumers power district ballot" and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation in the order designated by the secretary of state.

Source: SL 1989, ch 403, § 11.

49-36-1.8. Form of ballot prescribed by board.

The form of the nonpolitical consumers power district ballot shall be prescribed by the Board of Elections.

Source: SL 1989, ch 403, § 12.

49-36-1.9. Nominees.

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.

Source: SL 1989, ch 403, § 13.

49-36-1.10. Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition.

If after nominations have been made under the provisions of this chapter and the number of nominees for a director office shall be reduced through death, withdrawal or disqualification of a nominee, the registered voters of the district may, if there is sufficient time for filing a nominating petition pursuant to § 12-8-6, nominate one or more candidates for such director office by a petition otherwise complying with § 49-36-1.3.

Source: SL 1989, ch 403, § 14.

49-36-2. Duties of election officials.

It shall be the duty of all state and local officers, and of all officers of election, to perform all duties imposed upon them by the laws of this state pertaining to primary and general elections, insofar as applicable to election of directors of districts organized under the provisions of chapter 49-35.

Source: SL 1950 (SS), ch 17, § 18; SDC Supp 1960, § 52.1718.

49-36-3. Certification of election districts by secretary of state--Number of directors--Additional information.

Not less than ninety days prior to any election, the secretary of the consumers power district shall certify to the secretary of state the names of the counties, municipalities and election precincts then comprising the district, and at the same time he shall certify the number of directors to be elected and the election districts or subdivisions in which they are to be elected, respectively. The secretary of the district shall also furnish to the secretary of state and officials of election such additional information as they may reasonably require in the proper performance of their duties in the conduct of elections, and the certification of the results of the same.

Source: SL 1950 (SS), ch 17, § 19; SDC Supp 1960, § 52.1719; SL 1989, ch 30, § 82.

49-36-4. Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote.

Subject to the provisions of chapters 49-35 to 49-40, inclusive, the board of directors in a consumers power district may amend the petition for its creation, or any amended petition, to increase or decrease the number of its directors, or to provide for the division of the territory of such district into two or more subdivisions for the nomination and election of some or all of the directors, or may do either or both.

A notarized original and an exact or conforming copy of the petition of amendment shall be executed by the president of the board of directors, or other officer of the district so authorized, and shall set forth:

(1)    The name of the consumers power district;

(2)    The amendment so adopted;

(3)    A statement setting forth the date of the meeting of directors at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least a majority of the votes entitled to be cast by directors present at such meeting.

Upon filing of the petition of amendment as provided in this section with the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law, the secretary of state shall file the petition and issue a certificate of amendment to the consumers power district.

Each subdivision shall be composed of one or more voting precincts and the total number of voters in each subdivision shall be approximately the same so far as practicable. The qualified voters of a subdivision of a district may only cast their ballots for candidates for directors to be elected from such subdivision, and for candidates for directors to be elected at large from the whole district, and the ballots for directors shall be prepared accordingly.

Source: SL 1950 (SS), ch 17, §§ 20, 22; SDC Supp 1960, §§ 52.1720, 52.1722; SL 2003, ch 114, § 3.

49-36-5. Precincts not within district--Attachment to adjacent county.

Any precincts in a county, the entire territory of which is not within a consumers power district, shall for voting purposes, be attached to an adjoining or adjacent county, which is within the district. Such adjoining or adjacent county shall furnish ballots to the election board of such precinct, and the result of the election shall be certified by the precinct election board to the county furnishing the ballots.

Source: SL 1950 (SS), ch 17, § 21; SDC Supp 1960, § 52.1721.

49-36-6. Vacancies on board of directors--Circumstances creating vacancy--Filling by board of directors.

A vacancy on the board of directors shall exist in the event of the

(1)    Death, disability or removal from district of any directors;

(2)    Removal from the subdivision from which the director was elected; or

(3)    Elimination or detachment from the district of the territory in which a director or directors reside.

In the event of a vacancy, the vacancy shall be filled by the board of directors.

Source: SL 1950 (SS), ch 17, § 23; SDC Supp 1960, § 52.1723; SL 1989, ch 403, § 15.

49-36-7. Oath of directors.

Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of South Dakota, and faithfully and impartially to perform the duties of his office, which oath shall be filed in the Office of the Secretary of State.

Source: SL 1950 (SS), ch 17, § 24; SDC Supp 1960, § 52.1724.