¶1concurring in result.
¶2[¶ 29.] I concur in result but would affirm the trial court’s holding “that Jensen legally held the office” for a different reason. Jensen was the incumbent and having been duly qualified for the office, he holds that position until his successor is *651qualified and sworn. See SDCL 3-14-1 (providing in part, “[e]xcept when otherwise expressly provided, every lawful incumbent of any public office, with a, definite term, upon the expiration of such term shall continue to discharge its duties until his successor shall have been elected or appointed and has qualified[.]”) Since that has not happened, Jensen holds the office.
¶3[¶ 30.] There is no evidence in this quo warranto proceeding to determine otherwise.