CHAPTER 9-11
CHANGE OF FORM OF GOVERNMENT
9-11-1 9-11-1. Repealed by SL 2000, ch 34, § 2.
9-11-2 9-11-2. Repealed by SL 2000, ch 34, § 7.
9-11-3 9-11-3. Repealed by SL 2000, ch 34, § 8.
9-11-3.1 Repealed.
9-11-4 Repealed.
9-11-5 City voters authorized to change form of government.
9-11-6 Petition to change government form--Election.
9-11-7 Ballot form.
9-11-8 Waiting period after election on form of city government.
9-11-9 First election after change in form of municipal government.
9-11-10 Continuation in force of ordinances, contracts, rights and liabilities after change in form.
9-11-11 Form of municipal government.
9-11-4. Repealed.
Source: SDC 1939, § 45.0506; SL 1992, ch 60, § 2; SL 2000, ch 34, § 10; SL 2024, ch 28, § 69.
9-11-5. City voters authorized to change form of government.
The voters of any municipality may change its form of government or change the number of its commissioners, wards, or trustees by a majority vote of all electors voting at an election called and held as provided. Any municipality under special charter may adopt any form of government as provided in this title.
Source: SDC 1939, § 45.0501; SL 1957, ch 243; SL 1992, ch 60, § 2; SL 2000, ch 34, § 3.
9-11-6. Petition to change government form--Election.
If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented to the governing body, requesting that an election be called for the purpose of voting upon a question of change of form of government or upon a question of the number of wards, commissioners, or trustees, the governing body must call an election that must be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question of the change of form of government or the number of wards, commissioners, or trustees, or both, must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question may be submitted at that annual municipal election.
The election must be held upon the same notice and conducted in the same manner as other municipal elections.
Source: SDC 1939, § 45.0502; SL 1978, ch 60, § 1; SL 1979, ch 48, § 3; SL 1983, ch 52, § 3; SL 1983, ch 53, § 4; SL 1984, ch 54; SL 1988, ch 63, § 6; SL 1992, ch 60, § 2; SL 2000, ch 34, § 4; SL 2022, ch 22, § 1; SL 2024, ch 28, § 33.
9-11-7. Ballot form.
Both the question of form of government and the number of wards, trustees, or commissioners may be submitted upon one ballot, when both questions are to be voted upon.
The vote upon the questions must be by ballot in the form and be cast in the manner provided by chapter 9-13.
Source: SL 1913, ch 119, § 4; RC 1919, § 6193; SDC 1939, § 45.0503; SL 2024, ch 28, § 34.
9-11-8. Waiting period after election on form of city government.
The question of changing the form of government may not be voted upon again within one year after the election held pursuant to § 9-11-6.
Source: RPolC 1903, § 1170; SL 1913, ch 119, § 2; SL 1913, ch 125, § 1; RC 1919, § 6191; SL 1921, ch 299, § 1; SDC 1939, § 45.0501; SL 1957, ch 243; SL 2008, ch 34, § 3.
9-11-9. First election after change in form of municipal government.
If an election changes the form of government or number of commissioners, wards, or trustees is approved, at the next annual municipal election or at a special election called by the governing board and held pursuant to § 9-13-14, officers shall be chosen under the changed form of government.
Source: SDC 1939, § 45.0504; SL 2000, ch 34, § 5.
9-11-10. Continuation in force of ordinances, contracts, rights and liabilities after change in form.
Any ordinance, resolution, contract, obligation, right, or liability of the municipality shall continue in force and effect the same as though no change of government has occurred.
Source: SDC 1939, § 45.0505; SL 1992, ch 60, § 2; SL 2000, ch 34, § 6.
9-11-11. Form of municipal government.
Each first or second class municipality must be governed by a mayor and common council, a mayor and a common council with a city manager, a board of commissioners, or a board of commissioners with a city manager. Each third class municipality must be governed by a board of trustees.
The present form of government of existing municipalities must continue until changed as provided by this title.
Source: SL 2024, ch 28, § 35.
