25.535.16 100th Legislative Session 1087
2025 South Dakota Legislature
House Bill 1087
Introduced by: Representative Ismay
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to authorize the recall of county commissioners. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 7: 3
A county commissioner may be removed from office at any time by the voters 4
qualified to vote for a successor, as provided in this Act. 5
Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 7: 6
A petition demanding the election of a successor for a county commissioner sought 7
to be removed must be signed by: 8
(1) Fifteen percent of the registered voters of the district that the commissioner 9
represents; or 10
(2) Five percent of the registered voters of the county, if the commissioner serves the 11
entire county. 12
The percentage and number of signatures required in this section are based upon 13
the total number of registered voters at the last preceding general election. A signature 14
on the petition is not valid if signed more than sixty days before the filing of the petitions. 15
Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 7: 16
A petition pursuant to this Act must contain a specific statement of the grounds on 17
which removal is sought. The allowable grounds for removal are misconduct, malfeasance, 18
nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, 19
oppression, or gross partiality. The form for the petition must be prescribed by the state 20
Board of Elections, by rule promulgated pursuant to chapter 1-26. 21
Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 7: 22 25.535.16 2 1087
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Overstrikes indicate deleted language.
If a petition is filed with the county auditor and meets the requirements of sections 1
1 to 3, inclusive, of this Act, the county auditor must present the petition to the county 2
commission at its next meeting. 3
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 7: 4
A special election on the question of a successor must be held within sixty days 5
after the filing of a petition pursuant to section 4 of this Act, except if the petition is filed 6
within ninety days prior to a primary, general, or statewide special election, in which case 7
the question must be submitted at the primary, general, or statewide special election. 8
Any county commissioner sought to be removed may be a candidate and, unless 9
the commissioner requests otherwise in writing, the auditor shall place the commissioner's 10
name on the official ballot without nomination. The auditor shall also place on the official 11
ballot the name of any other candidate nominated as provided in chapter 7-8. If no other 12
candidate is nominated for the position, a recall election may not be held, and the 13
commissioner must remain in office. 14
Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 7: 15
The procedure for challenging a petition established in §§ 12-1-13 to 12-1-16, 16
inclusive, is applicable to the petition, but only the petition signatures may be so 17
challenged. A failure to challenge petition signatures pursuant to §§ 12-1-13 to 12-1-16, 18
inclusive, does not prohibit an interested person from challenging the filing of the petition 19
or the sufficiency of the specific statement of the grounds of the recall petition. 20
A challenge to the petition regarding the specific statement of the grounds of the 21
petition must be filed in circuit court within five business days of the filing of the petition. 22
The circuit court shall conduct an expedited declaratory judgment hearing with no right to 23
trial by jury. 24
Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 7: 25
If a county commissioner sought to be removed is elected in a special election 26
pursuant to section 5 of this Act, the commissioner must continue in office. If some person 27
other than the commissioner is elected, the commissioner is deemed removed from office 28
upon or at the expiration of the time for qualification of the successor. The successor shall 29
qualify within ten days after receiving notification of election, and in case of a failure to 30 25.535.16 3 1087
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Overstrikes indicate deleted language.
qualify, the office is deemed vacant. The qualified successor of any removed commissioner 1
shall hold office during the remainder of the removed commissioner's unexpired term. 2