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S.D. Codified Laws § 9-8-4

Common council--Composition--Election and terms of aldermen--Vacancy--Resignation

Applied in 2 court decisions — leading case Cottier v. City of Martin (2007)

Most recently applied in Cottier v. City of Martin (December 2008)

Source: SDC 1939, § 45.0703; SL 1998, ch 44, § 1; SL 2005, ch 48, § 2; SL 2017, ch 56, § 5; SL 2025, ch 38, § 21

The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. Except as otherwise provided in § 9-8-2, the mayor and aldermen hold office until their successors are elected and qualified. At the first election of aldermen, the council shall stagger the initial terms of the alderman in each ward to provide that two aldermen from the same ward are not up for reelection in the same year. A person may hold office for more than one term. The vacancy of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2.

A resignation by an alderman must be in writing and must specify the effective date of the resignation.

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