CHAPTER 7-6
COUNTY SEATS
7-6-1 Submission to voters of location of permanent county seat--Publication of notice.
7-6-2 Form and casting of ballots for selection of county seat--Application of general election law.
7-6-3 Time required before resubmission of county seat location.
7-6-4 Relocating county seat--Petition--Verification--Election--Publication of notice.
7-6-5 Form and casting of ballots on change of county seat--Application of general election law.
7-6-6 Time required before resubmission of change of county seat.
7-6-7 Moving to new county seat--Time permitted.
7-6-1. Submission to voters of location of permanent county seat--Publication of notice.
The board of county commissioners of any organized county in this state in which the county seat has not been located by a majority vote, may submit the question of location of the county seat to the voters of its county at the next general election. Notice of the submission of the question shall be included in the notice published by the county auditor giving notice of the time and place of holding such general election.
Source: SDC 1939, § 12.0501; SL 1981, ch 44, § 2.
7-6-2. Form and casting of ballots for selection of county seat--Application of general election law.
The ballots used at said election for the location of the county seat shall be in such form as the county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers, and shall be received and deposited in a separate ballot box, and the municipality receiving a majority of all the votes cast shall be the county seat, and the votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
7-6-3. Time required before resubmission of county seat location.
If upon a canvass of the votes cast, as provided in § 7-6-2, any municipality shall have received a majority of all votes cast at such election, the question of location of the county seat shall not again be submitted before the expiration of four years; provided that where such vote has already been had without a choice of location, the question of location of the county seat shall not again be submitted until the expiration of four years from the last election held therefor.
Source: SDC 1939, § 12.0501; SL 1992, ch 60, § 2.
7-6-4. Relocating county seat--Petition--Verification--Election--Publication of notice.
To relocate a county seat, a petition signed by twenty percent of the registered voters of the county, based upon the total number of registered voters at the last preceding general election, must be filed with the county auditor on or before July first. The county auditor shall, within thirty days of receiving the petition, verify that the signatures on the petition are registered voters of the county. A signature on a petition is invalid if signed more than six months before the date the petition is filed.
If the county auditor verifies that the petition meets the requirements of this section, the board of county commissioners shall submit the question of relocating the county seat to the people of the county at the next general election.
The county auditor shall publish notice of the submission of the question with the general election notices required by § 12-12-1.
Source: SDC 1939, § 12.0502; SL 1982, ch 60, § 1; SL 1987, ch 67, § 3; SL 2023, ch 21, § 1.
7-6-5. Form and casting of ballots on change of county seat--Application of general election law.
The ballots used at said election for the change of the county seat shall be in such form as the board of county commissioners shall prescribe, and such ballots shall be separate from the ballots cast and used for the election of state, county, and other officers and shall be received and deposited in a separate ballot box. If the proposition to change the county seat is ratified by two-thirds of the votes cast, then the municipality specified in the petition shall be the county seat. The votes cast shall be returned, canvassed, and certified as provided by law for the return of votes at any general election.
Source: SDC 1939, § 12.0502; SL 1981, ch 44, § 3.
7-6-6. Time required before resubmission of change of county seat.
If upon a canvass of the votes cast as provided in § 7-6-5 any municipality shall not have received the vote as required by the Constitution, the question of the change of the location of the county seat shall not again be submitted before the expiration of four years.
Source: SDC 1939, § 12.0502; SL 1992, ch 60, § 2.
7-6-7. Moving to new county seat--Time permitted.
If the question to relocate the county seat is approved by the voters as specified in § 7-6-5, the county officers whose offices are required by law to be kept at the county seat shall remove their respective offices, files, records, office fixtures, furniture, and all other property pertaining to their offices to the county seat designated by the voters within one year after the date of an election held under this chapter or the end of any recount, certiorari proceeding, or election contest, whichever is latest.
Source: SL 1890, ch 64, § 3; RPolC 1903, § 793; RC 1919, § 5789; SDC 1939, § 12.0503; SL 2023, ch 21, § 2.
