38-32-3.1. Election procedure when director's term is to expire--Polling location--No election if only one nominee.

An election shall be held in each district in which a director's term is to expire. The election date and time shall be determined by the council but shall be between January first to February fifteenth, inclusive, closest to the pending vacancy's expiration date. The election shall be by official ballot, which shall be made available at the polling location. The council shall designate at least one polling location in each county within the district. The principal polling location in the county shall be at the county office of the Cooperative Extension Service of South Dakota State University, if available, or at a place specified by the council. If only one candidate is nominated in a district, no election is required in the district, and the council shall declare the nominee as elected and shall provide the nominee with a certificate of election pursuant to § 38-32-8.

Source: SL 1991, ch 328, § 5.

38-32-3.2. Absentee voting.

If voting at the designated time and place would cause a hardship on any eligible voter, the council shall allow for absentee voting on forms, and in a manner, prescribed in rule by the council. Absentee ballots shall be returned either to the council office no later than five calendar days prior to the day of the election or to the polling location prior to the close of the polls. The council shall ensure that any absentee ballot it has received within the deadline specified in this section is delivered to the appropriate polling place prior to the close of the polls. No absentee ballot that is received at the polling place after the close of the polls may be counted in the election results.

Source: SL 1991, ch 328, § 6.

38-32-3.3. Voting eligibility of participating growers--Affidavit.

To be eligible to vote in a district election, a participating grower as defined in § 38-32-1 shall sign a participating grower affidavit at the time of voting. A husband and wife, a landlord and tenant, and a landowner and purchaser under a contract for deed which is of record in the office of the register of deeds in the county where the real property is situated are each entitled to vote for director, if they meet the requirements of § 38-32-1. No individual, landlord, tenant, partnership, limited liability company, corporation, cooperative, association, or fiduciary may cast more than one vote per election even if operations are carried on in more than one council district. A participating grower may vote only in the council district in which he resides. A partnership, limited liability company, corporation, cooperative, or association resides in the council district where its principal place of business is located. A partnership, limited liability company, corporation, cooperative, or association shall attach a written authorization to the participating grower affidavit which indicates that the person casting the vote has been authorized to do so.

Source: SL 1991, ch 328, § 8; SL 1994, ch 351, § 91.