S.D. Codified Laws § 3-4-1

Events causing vacancy in office

Applied in 1 court decision — leading case Cummings v. Mickelson (1993)

Most recently applied in Cummings v. Mickelson (January 1993)

Source: SL 1864-5, ch 12, § 2; PolC 1877, ch 22, § 2; CL 1887, § 1385; RPolC 1903, § 1802; RC 1919, § 7007; SDC 1939, § 48.0101; SL 2015, ch 22, § 1.

An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term of the office; the person:

(1) Dies;

(2) Resigns;

(3) Is removed from office;

(4) Fails to qualify as provided by law;

(5) Ceases to be a resident of the state, district, county, municipality, township, ward, or precinct in which the duties of the office are to be exercised or for which elected;

(6) Is convicted of any infamous crime or of any offense involving a violation of the official oath of the office; or

(7) Has a judgment obtained against the person for a breach of an official bond.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.