South Dakota § 9-9-6 Mayor or commissioner--Resignation--Effect of moving residence--Filling of vacancy--Temporary absence or incapacity.

South Dakota Statutes

§ 9-9-6 — Mayor or commissioner--Resignation--Effect of moving residence--Filling of vacancy--Temporary absence or incapacity.

South Dakota § 9-9-6

Title 9MUNICIPAL GOVERNMENT

Ch. 9-5COMMISSIONER FORM OF GOVERNMENT

This text of South Dakota § 9-9-6 (Mayor or commissioner--Resignation--Effect of moving residence--Filling of vacancy--Temporary absence or incapacity.) 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 § 9-9-6 (2026).

Text

If the mayor or a commissioner resigns, the resignation must be submitted in writing to the board of commissioners and must specify the effective date of the resignation. If the mayor or a commissioner moves to a permanent residence outside the corporate limits of the municipality, the office is immediately vacated. If there is a vacancy in the office of mayor, the vacancy must be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in § 9-13-14.2 . A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-14.2 . A temporary absence or temporary incapacitation of the mayor is not considered a vacancy in the office of the mayor.

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If the mayor or a commissioner resigns, the resignation must be submitted in writing to the board of commissioners and must specify the effective date of the resignation. If the mayor or a commissioner moves to a permanent residence outside the corporate limits of the municipality, the office is immediately vacated. If there is a vacancy in the office of mayor, the vacancy must be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in § 9-13-14.2 . A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-14.2 . A temporary absence or temporary incapacitation of the mayor is not considered a vacancy in the office of the mayor.

Legislative History

SL 1913, ch 119, § 16; RC 1919, § 6223; SDC 1939, § 45.0804; SL 1968, ch 181; SL 1979, ch 50, § 4; SL 1992, ch 60, § 2; SL 2005, ch 48, § 3; SL 2018, ch 49, § 5; SL 2025, ch 38, § 30.