South Dakota § 9-8-2 Mayor--Vacancy--Resignation--Temporary absence or disability.

South Dakota Statutes

§ 9-8-2 — Mayor--Vacancy--Resignation--Temporary absence or disability.

South Dakota § 9-8-2

Title 9MUNICIPAL GOVERNMENT

Ch. 9-5ALDERMANIC FORM OF GOVERNMENT

This text of South Dakota § 9-8-2 (Mayor--Vacancy--Resignation--Temporary absence or disability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 9-8-2 (2026).

Text

If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by appointment by a majority vote of all the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in § 9-13-14.2 . Until the vacancy is filled, the powers and duties of mayor are executed by the mayor pro tempore, as provided in § 9-8-13 . A resignation by the mayor must be in writing and must specify the effective date of the resignation. A temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.

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If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by appointment by a majority vote of all the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in § 9-13-14.2 . Until the vacancy is filled, the powers and duties of mayor are executed by the mayor pro tempore, as provided in § 9-8-13 . A resignation by the mayor must be in writing and must specify the effective date of the resignation. A temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.

Legislative History

SL 1890, ch 37, art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, § 1; SL 2017, ch 56, § 3; SL 2025, ch 38, § 19.