reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-1.3 - Publication of election notice.

8-3-1.3. Publication of election notice.
If the board of supervisors requires nominating petitions pursuant to §8-3-1.1, the township clerk shall publish a notice stating the offices that will be voted upon at the annual meeting. The notice shall be published in the official newspapers of the township once a week for two consecutive weeks. The last notice shall be at least forty-five days prior to the annual meeting. The notice shall state where nominating petitions shall be filed and the date when the petitions must be filed.
Source:
SL 1990, ch 56, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-1.4 - Notice in township of twenty or fewer resident voters.

8-3-1.4. Notice in township of twenty or fewer resident voters.
No township with a population of twenty or fewer resident voters is required to publish a notice of the time and place of an annual meeting more than once in any publication.
Source:
SL 1992, ch 58, §2; SL 2002, ch 44, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-2 - Powers of voters at annual meeting.

8-3-2. Powers of voters at annual meeting.
The voters of each organized civil township have power at their annual meeting:
(1)To select such township officers as are required by law to be chosen;
(2)To vote to levy a tax for authorized township purposes, but the levy may not exceed the limit authorized by law.
Source:
SL 1872-3, ch 51, §14; PolC 1877, ch 23, §10; CL 1887, §716; SL 1890, ch 35, §1; SL 1899, ch 41, §4; RPolC 1903, §1008; SL 1915, ch 292, §4; RC 1919, §6049; SDC 1939, §58.0303; SL 1965, ch 298; SL 2014, ch 48, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-3 - Special meetings of township electors--Statement calling meeting.

8-3-3. Special meetings of township electors--Statement calling meeting.
Special meetings of the township electors may be held for the purpose of electing township officers to fill vacancies that occur, or for the purpose of transacting any lawful business if the entire board of supervisors files or if two members of the board of supervisors, together with at least twelve other resident voters of the township, file in the office of the township clerk a written statement that a special meeting is necessary for the interests of the township. However, special meetings may be called in a township with a population of twenty or fewer resident voters by the entire board of supervisors or by two members of the board of supervisors and four resident voters of the township.
Source:
SDC 1939, §58.0306; SL 1974, ch 153, §4; SL 1985, ch 56, §2; SL 1992, ch 59; SL 2002, ch 44, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-4 - Recording and publication of notice of special meeting--Exception.

8-3-4. Recording and publication of notice of special meeting--Exception.
Every township clerk with whom such statement is filed as required in §8-3-3 shall record the same and immediately cause notice to be published in the same manner as provided for the publication of notice of the annual township meeting. However, in a township with a population of twenty or fewer resident voters, the notice of the time and place of any special meeting need not be published more than once in any publication, shall be provided not less than three days before the special meeting, and may be provided by first class mail in lieu of publication.
Source:
SDC 1939, §58.0307; SL 1963, ch 451, §1; SL 2002, ch 44, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-5 - Contents of notice of special meeting--Business restricted to stated purposes.

8-3-5. Contents of notice of special meeting--Business restricted to stated purposes.
Every notice given for a special township meeting shall specify the purpose for which it is to be held, and no business shall be transacted at such meeting except such as is specified in such notice. If vacancies in office are to be filled at such meeting, the notice shall specify the vacancies, how they occurred, who was the last incumbent, and when the legal term of each such office expires.
Source:
SL 1872-3, ch 51, §17; PolC 1877, ch 23, §14; SL 1883, ch 112, subch 1, §18; CL 1887, §719; RPolC 1903, §1011; RC 1919, §6055; SDC 1939, §58.0308.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-6 - Organization and officers of township meeting.

8-3-6. Organization and officers of township meeting.
The voters present at the annual or special township meeting shall be called to order by the township clerk, if there is one present, and if not the voters shall elect one of their number chairman. Such voters shall elect three of their number judges, who shall be duly sworn and be judges of the qualifications of township voters. They shall then proceed to choose one of their number to preside as moderator. The township clerk shall be clerk of the meeting and keep full minutes of its proceedings, in which he shall enter at length every order or direction and all rules and regulations made by the meeting. If the township clerk is absent, then such person as is elected for that purpose shall act as clerk of the meeting.
Source:
SL 1872-3, ch 51, §18; PolC 1877, ch 23, §15; SL 1883, ch 112, subch 1, §19; CL 1887, §720; RPolC 1903, §1012; RC 1919, §6056; SL 1931, ch 261, §1; SDC 1939, §58.0309; SL 1976, ch 78.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-7 - Township meeting--Voter qualifications--Registration and residence.

8-3-7. Township meeting--Voter qualifications--Registration and residence.
No person may vote at any township meeting unless the person is registered to vote in the township pursuant to chapter 12-4 and resides in that township. For the purposes of this section, a person resides in the township if the person actually lives in the township for at least thirty consecutive days each year, is a full-time postsecondary education student who resided in the township immediately prior to leaving for the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the township. A voter's qualification as a resident may be challenged in the manner provided in §12-18-10. No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in §12-18-10.
Source: SDC 1939, §58.0312; SL 1973, ch 69, §1; SL 1984, ch 50, §1; SL 2002, ch 43, §3; SL 2023, ch 24, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-8 - Unlawful voting at meeting as misdemeanor.

8-3-8. Unlawful voting at meeting as misdemeanor.
Every person who votes at any civil township meeting, in a township in which he does not reside, or who offers to vote at any annual township meeting, after having voted at an annual township meeting held at another township within the same year, is guilty of a Class 2 misdemeanor.
Source:
PenC 1877, §741; CL 1887, §6268; RPenC 1903, §73; RC 1919, §6061; SDC 1939, §58.9903; SL 1981, ch 43, §9.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-9 - Township election--Challenge to voter qualification--Affidavit--Violation.

8-3-9. Township election--Challenge to voter qualification--Affidavit--Violation.
If any person is challenged as being unqualified when offering to vote at any township election or upon any question arising at any township meeting relating to a person's residency, the judges, or township clerk, if no judges are present, must have the person sign an affidavit attesting to the person's residency and qualification to vote. A person who makes a false affirmation is guilty of a Class 2 misdemeanor pursuant to §8-3-8.
Source: SL 1883, ch 112, subch 1, §23; CL 1887, §724; RPolC 1903, §1016; RC 1919, §6060; SDC 1939, §58.0313; SL 2023, ch 24, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-10 - Order of business at meeting--Procedural rules.

8-3-10. Order of business at meeting--Procedural rules.
At the opening of every township meeting the moderator shall state the business to be transacted, and the order in which it shall be entertained, and no proposition to vote a tax shall be acted on out of the order of business as stated by the moderator, and no proposition to reconsider any vote shall be entertained unless such proposition to reconsider is made within one hour from the time such vote was passed, or the motion for such reconsideration is sustained by a number of voters equal to a majority of all the names entered upon the poll list at such election up to the time such motion is made; and all questions upon motions made shall be determined by a majority of the voters voting; and the moderator shall ascertain and declare the result of the votes on each question.
Source:
SL 1872-3, ch 51, §19; PolC 1877, ch 23, §16; SL 1883, ch 112, subch 1, §20; CL 1887, §721; RPolC 1903, §1013; RC 1919, §6057; SDC 1939, §58.0310.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-11 - Filing of minutes of meeting.

8-3-11. Filing of minutes of meeting.
The minutes of the proceedings of every township meeting, subscribed by the clerk and judges of such meeting, shall be filed in the office of the township clerk within two days after such meeting.
Source:
SL 1883, ch 112, subch 1, §31; CL 1887, §732; RPolC 1903, §1024; RC 1919, §6064; SDC 1939, §58.0316.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-12 - Supervisor elected at annual meeting--Representation of county seat town.

8-3-12. Supervisor elected at annual meeting--Representation of county seat town.
There shall be elected at such annual township meeting one supervisor, who shall hold his office for the term of three years and until his successor is elected and qualified, the senior member of the board of supervisors to be chairman thereof. In any organized civil township containing an unincorporated platted town which is a county seat, at least one member of such board shall be a resident voter of such town.
Source:
SL 1872-3, ch 51, §§12, 24; PolC 1877, ch 23, §19; CL 1887, §715; SL 1899, ch 84, §2; RPolC 1903, §1007; SL 1903, ch 136; SL 1905, ch 106; SL 1907, ch 143; SL 1911, ch 221, §1; SL 1913, ch 232, §1; RC 1919, §6048; SL 1933, ch 199; SDC 1939, §58.0302; SL 1941, ch 366; SL 1967, ch 315, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-13 - Additional officers elected at annual meeting--Term of constable.

8-3-13. Additional officers elected at annual meeting--Term of constable.
At each annual meeting, a clerk and a treasurer shall be elected, and a constable may be elected. If a constable is elected, the term of office is two years, except to fill vacancies.
Source:
SL 1872-3, ch 51, §§12, 24; PolC 1877, ch 23, §19; CL 1887, §715; SL 1899, ch 84, §2; RPolC 1903, §1007; SL 1903, ch 136; SL 1905, ch 106; SL 1907, ch 143; SL 1911, ch 221, §1; SL 1913, ch 232, §1; RC 1919, §6048; SL 1933, ch 199; SDC 1939, §58.0302; SL 1941, ch 366; SL 1967, ch 315, §2; SL 1981, ch 44, §13; SL 1990, ch 57.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-13.1 - Offices of the clerk and treasurer combined--Nomination and election--Powers and responsibilities.

8-3-13.1. Offices of the clerk and treasurer combined--Nomination and election--Powers and responsibilities.
The voters of each organized civil township with fifty or fewer resident voters may combine the offices of the clerk and treasurer during the annual meeting. If a majority of the voters vote to combine the offices, the combined office of the clerk and treasurer shall be nominated and elected in the same manner as other officers are nominated and elected. Any person elected to the combined office of the clerk and treasurer shall have all of the powers and responsibilities of the offices of the clerk and treasurer.
Source:
SL 2004, ch 72, §1; SL 2013, ch 34, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-14 - Proclamation of opening of polls, adjournment and closing of polls.

8-3-14. Proclamation of opening of polls, adjournment and closing of polls.
Before the voters proceed to elect any township officer, proclamation shall be made at the opening of the polls by the moderator, and proclamation shall in like manner be made of the adjournment, and of the opening and closing of the polls, until the election is ended.
Source:
SL 1883, ch 112, subch 1, §21; CL 1887, §722; RPolC 1903, §1014; RC 1919, §6058; SDC 1939, §58.0311.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-15 - Method of electing officers.

8-3-15. Method of electing officers.
The supervisors, treasurer, clerk, and constable in each township shall be elected by ballot except if there is no opposing candidate. All other officers, if not otherwise provided by law, shall be chosen either by yeas and nays or by a division, as the voters determine.
Source:
SL 1883, ch 112, subch 1, §24; CL 1887, §725; RPolC 1903, §1017; RC 1919, §6062; SDC 1939, §58.0314; SL 1981, ch 44, §14; SL 2020, ch 25, § 1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-16 - Conduct of voting by ballot.

8-3-16. Conduct of voting by ballot.
When the voters vote by ballot for township officers, a poll list shall be kept by the clerk of the meeting, on which shall be entered the name of each person whose vote is received. The ballot, which may be written or printed, or partly written and partly printed, shall include all officers to be elected. It shall contain the name of each person voted for and the office for which such person is intended to be chosen. It shall be delivered by the voter to one of the judges, so folded as to conceal its contents, and the judge shall deposit the ballot in a box provided for that purpose.
Source:
SL 1883, ch 112, subch 1, §§25 to 27; CL 1887, §§726 to 728; RPolC 1903, §§1018 to 1020; RC 1919, §6063; SDC 1939, §58.0315.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-17 - Canvass and return of voting by ballot.

8-3-17. Canvass and return of voting by ballot.
At the close of the election the judges shall proceed publicly to canvass the votes, which canvass, when commenced, shall continue without adjournment or interruption until the same is completed. The canvass shall be conducted by taking one ballot at a time from the ballot box and counting until the number of ballots is equal to the number of names on the poll list, and if there are any left in the box they shall be immediately destroyed; the person having the greatest number of votes for any office shall be declared duly elected. If two or more persons have an equal and the highest number of votes for any office, the judges of election shall at once publicly, by lot, determine which of such persons shall be declared elected. If on opening the ballots two or more ballots are found to be so folded that it is apparent the same person voted them, such ballots shall immediately be destroyed. The canvass having been completed, a statement of the result shall be entered at length by the clerk in the minutes and publicly read by him to the meeting. Such reading shall be deemed notice of the result of the election to every person whose name is entered on the poll list as a voter.
Source:
SL 1883, ch 112, subch 1, §§28 to 30; CL 1887, §§729 to 731; RPolC 1903, §§1021 to 1023; RC 1919, §6063; SDC 1939, §58.0315.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-17.1 - Absentee voting.

8-3-17.1. Absentee voting.
If nominating petitions are required pursuant to §8-3-1.1, then any voter qualified to vote in a township candidate election may vote by absentee ballot as prescribed in chapter 12-19. Absentee voting shall be allowed for any township ballot question election and shall be conducted as prescribed in chapter 12-19.
Source:
SL 1998, ch 43, §2; SL 2002, ch 43, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-18 - Notice to persons elected to township office.

8-3-18. Notice to persons elected to township office.
The clerk of every township meeting, within ten days thereafter, shall transmit to each person elected to any township office, whose name is not entered on the poll list as a voter, notice of his election.
Source:
SL 1872-3, ch 51, §31; PolC 1877, ch 23, §24; SL 1883, ch 112, subch 1, §32; CL 1887, §733; RPolC 1903, §1025; RC 1919, §6065; SDC 1939, §58.0317.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-19 - Special meeting called by resident voters after failure to elect officers at annual meeting.

8-3-19. Special meeting called by resident voters after failure to elect officers at annual meeting.
If any township refuses or neglects to organize and elect officers at the time fixed by law for holding the annual meeting, twelve resident voters of the township may call a meeting for such purpose by notice published in the same manner as provided for the publication of notice of the annual township meeting. The notice shall set forth the time, place, and object of the meeting; and the voters, when assembled by virtue of such notice, shall possess all the powers conferred upon them at the annual township meeting.
Source:
SDC 1939, §58.0318; SL 1963, ch 451, §1; SL 2002, ch 44, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-20 - Appointment of officers by county commissioners after failure of township to elect.

8-3-20. Appointment of officers by county commissioners after failure of township to elect.
If no such notice is given as provided in §8-3-19 within thirty days after the time for holding the annual meeting, the board of county commissioners shall, on the affidavit of any resident voter of the township, filed in the office of the county auditor setting forth the facts, proceed at any regular or special meeting of the board to appoint the necessary township officers. The persons so appointed shall hold their respective offices until others are elected and qualified in their places, and shall have the powers and be subject to the same duties as if they had been duly elected.
Source:
SDC 1939, §58.0318; SL 1963, ch 451, §1; SL 2002, ch 44, §5.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 03 - Township Meetings And Elections › Section 8-3-21 - Option to adopt campaign finance law.

8-3-21. Option to adopt campaign finance law.
The township governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27.
Source:
SL 1988, ch 60, §3; SL 2008, ch 67, §19.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-1 - Eligibility to township office.

8-4-1. Eligibility to township office.
Any person qualified to vote at a township meeting is eligible to any township office. No person may hold a township office unless he resides in the township.
Source:
SL 1883, ch 112, subch 1, §34; CL 1887, §737; RPolC 1903, §1029; RC 1919, §6069; SDC 1939, §58.0401; SL 1984, ch 50, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-3 - Oath of office of township officers.

8-4-3. Oath of office of township officers.
Each person elected or appointed to any township office, shall, within ten days after receiving notice of election or appointment and before entering upon the discharge of the officer's duties, take and subscribe an oath or affirmation as required by §3-1-5. Each oath shall be filed in the office of the county auditor by the last day of March. No fee may be charged or received by any officer for administering or filing the oath, or for filing or recording any township officer's official bond.
Source:
SL 1872-3, ch 51, §§33, 34; PolC 1877, ch 23, §26; SL 1883, ch 112, subch 1, §§35, 36; CL 1887, §§738, 739; RPolC 1903, §§1030, 1031; SL 1909, ch 26; SL 1913, ch 283; RC 1919, §6070; SDC 1939, §58.0402; SL 1974, ch 55, §13; SL 2014, ch 48, §5; SL 2016, ch 45, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-4 - Clerk to require elected officers to qualify--Refusal or neglect as petty offense.

8-4-4. Clerk to require elected officers to qualify--Refusal or neglect as petty offense.
The township clerk shall require all legally elected officers, who accept the office to which they are elected, to duly qualify within the time prescribed by law and in accordance with the provisions of law. A township clerk who refuses or neglects to procure and file the bonds of the township officers as prescribed by this section commits a petty offense.
Source:
SL 1889, ch 128, §2; RPolC 1903, §1038; RC 1919, §6072; SDC 1939, §§58.0606, 58.9907; SL 1981, ch 43, §10.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-5 - Failure to file oath or bond as refusal of office.

8-4-5. Failure to file oath or bond as refusal of office.
If any person elected or appointed to any township office, of whom an oath or bond is required, neglects to file the same within the time prescribed by law, such neglect shall be deemed a refusal to serve in such office.
Source:
SL 1883, ch 112, subch 1, §42; CL 1887, §747; RPolC 1903, §1041; RC 1919, §6074; SDC 1939, §58.0406.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-6 - Forfeiture for entry on office without taking oath.

8-4-6. Forfeiture for entry on office without taking oath.
If any township officer who is required by law to take an oath of office enters upon the duties of his office before taking such oath, he forfeits to such township the sum of fifty dollars.
Source:
SL 1883, ch 112, subch 1, §43; CL 1887, §748; RPolC 1903, §1042; RC 1919, §6075; SDC 1939, §58.0407.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-7 - Term of office of officers.

8-4-7. Term of office of officers.
All township officers, except as otherwise expressly provided, shall hold their offices for the term of one year and until their successors are elected or appointed and qualified.
Source:
SL 1883, ch 112, subch 1, §45; CL 1887, §750; RPolC 1903, §1043; RC 1919, §6076; SDC 1939, §58.0408.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-8 - Salary and compensation of clerk, treasurer, and supervisors.

8-4-8. Salary and compensation of clerk, treasurer, and supervisors.
Except as otherwise provided in this section and §1-27-35, the clerk, treasurer, and supervisors may each receive an annual salary, plus compensation for each day necessarily devoted to the discharge of their official duties when attending to business in the township. The voters of each township shall establish the annual salary and the hourly or daily rate of compensation at the annual township meeting. In addition, the clerk, treasurer, and supervisors may also receive mileage compensation at the rate established for state employees by the State Board of Finance when attending to the business of the township. The township board of supervisors shall limit the total amount of salary and compensation that the clerk, treasurer, and any one supervisor may receive in a year. Any salary and compensation limit established by the township board of supervisors does not apply to compensation received for road work.
Source:
SL 1872-3, ch 51, §80; PolC 1877, ch 23, §71; SL 1883, ch 112, subch 1, §86; CL 1887, §799; SL 1889, ch 126, §1; RPolC 1903, §1092; SL 1907, ch 150; RC 1919, §6112; SL 1919, ch 346; SL 1927, ch 211; SL 1933, ch 200; SDC 1939, §58.0409; SL 1947, ch 415; SL 1951, ch 464; SL 1957, ch 485; SL 1968, ch 18, §3; SL 1971, ch 53; SL 1974, ch 69, §1; SL 1977, ch 66; SL 1982, ch 70; SL 1983, ch 50; SL 1991, ch 66, §1; SL 2014, ch 48, §6.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-10 - Acceptance and notice of resignation by township officer.

8-4-10. Acceptance and notice of resignation by township officer.
The board of supervisors may, for sufficient cause shown, accept the resignation of any township officer and thereupon it shall give notice thereof to the township clerk.
Source:
SL 1883, ch 112, subch 1, §46; CL 1887, §751; RPolC 1903, §1044; RC 1919, §6077; SDC 1939, §58.0410.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-11 - Filling of vacancy in township office.

8-4-11. Filling of vacancy in township office.
If any township fails to elect any township officer, or if any person elected to an office fails to qualify by refusing to serve in such office or by not being a registered voter or by not having residence in the township, or if any vacancy happens in any office from death, resignation, removal from the township, or other cause, the board of supervisors, or a majority of them, shall fill the vacancy by appointment, by warrant under their hands. Any person so appointed shall hold his office until the next annual township meeting and until his successor has been elected and qualified. Such person shall have the same power and be subject to the same duties and penalties as if he had been duly elected. The township clerk according to §8-6-6 shall prescribe the oath or affirmation of office required by §3-1-5 and require the person so appointed to qualify pursuant to §§8-4-3 and 8-4-4.
Source: SL 1883, ch 112, subch 1, §47; CL 1887, §752; RPolC 1903, §1045; RC 1919, §6078; SDC 1939, §58.0411; SL 1974, ch 153, §5; SL 1993, ch 68.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 04 - Township Officers › Section 8-4-12 - Vacancy in board filling vacancies.

8-4-12. Vacancy in board filling vacancies.
If for any cause any member of the appointing board prescribed by §8-4-11 is unable to act, the remaining members of such appointing board shall select a voter of the township to act in his place, and the board so constituted shall proceed as required by §8-4-11.
Source:
SL 1883, ch 112, subch 1, §48; CL 1887, §753; RPolC 1903, §1046; RC 1919, §6079; SDC 1939, §58.0412.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-1 - Time and place of regular meetings.

8-5-1. Time and place of regular meetings.
The township board of supervisors shall hold regular meetings on the last Tuesday of February, the last Tuesday of March, and the last Tuesday of October, of each year. The meetings shall be held at the office of the township clerk or the location established in §8-3-1 at a time determined by the board. If any two supervisors submit a written statement signed by them not less than twelve days before the meeting requesting that the next regular meeting be held at a different time, the township clerk shall give notice of the time and place of the meeting as provided by §8-3-1. In case of inclement weather, any required township meeting may be rescheduled for the following Tuesday at the same place and location without additional publication in the newspaper and meeting requirements provided in §1-25-1.1.
Source:
SL 1887, ch 155, §§1, 2; CL 1887, §§765, 766; SL 1899, ch 85, §1; RPolC 1903, §§1057, 1058; SL 1907, ch 242; RC 1919, §§6080, 6081; SL 1931, ch 261, §2; SDC 1939, §58.0501; SL 1955, ch 426; SL 1981, ch 62; SL 1989, ch 70, §2; SL 2014, ch 48, §8.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-2 - Business at board meetings--Special meetings--Filing of business with clerk.

8-5-2. Business at board meetings--Special meetings--Filing of business with clerk.
At each regular meeting, the board shall perform the duties required of it by law and transact any other business that may legally come before it. The board may adjourn from time to time. The township clerk or the chairman of the board of township supervisors may call special sessions if the interests of the township demand it upon giving three days' notice of such session by mailing a copy of such notice to each of the supervisors at their several post office addresses or by giving such notice to each supervisor by telephone. It shall be the duty of all persons having business to transact with the board to appear before such board at any regular meeting, or file such business with the clerk to be laid before the board by him at its next meeting.
Source:
SL 1887, ch 155, §§3, 6, 7; CL 1887, §§767, 770, 771; RPolC 1903, §§1059, 1062, 1063; RC 1919, §§6082 to 6084; SDC 1939, §58.0501; SL 1955, ch 426; SL 1985, ch 56, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-3 - Quorum at meetings of board.

8-5-3. Quorum at meetings of board.
Except as otherwise specifically provided any two of the supervisors shall constitute a quorum for the performance of any duties required by law of the supervisors.
Source:
SL 1872-3, ch 51, §61; PolC 1877, ch 23, §35; SL 1883, ch 112, subch 1, §63; CL 1887, §775; RPolC 1903, §1069; RC 1919, §6092; SDC 1939, §58.0510.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-4 - General powers of board--Orders for disbursement of funds.

8-5-4. General powers of board--Orders for disbursement of funds.
The board shall have charge of such affairs of the township as are not by law committed to other officers; and it shall have power to draw orders on the township treasurer for the disbursement of such sums as may be necessary for the purpose of defraying the incidental expenses of the township and for all money raised by the township to be disbursed for any other purpose. As to any power conferred upon a township when the manner of exercising the same is not otherwise specifically provided, the same shall be exercised by such board, which may by bylaw provide the details necessary for such exercise.
Source:
SL 1872-3, ch 51, §48; PolC 1877, ch 23, §32; SL 1883, ch 112, subch 1, §60; CL 1887, §772; RPolC 1903, §1064; RC 1919, §6085; SDC 1939, §58.0502.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-5 - Prosecution of actions for benefit of township--Trespass on township property.

8-5-5. Prosecution of actions for benefit of township--Trespass on township property.
The board shall, in the name of the township, prosecute for the benefit of the township all actions upon bonds given to it and shall also sue for and collect all penalties and forfeitures in respect to which no other provision is made, incurred by any officer or inhabitant of the township; and it shall have power, in like manner, to prosecute for any trespass committed on any public inclosure, highway, or property belonging to the township, and shall pay all money collected under this section to the township treasurer.
Source:
SL 1872-3, ch 51, §60; PolC 1877, ch 23, §34; SL 1883, ch 112, subch 1, §62; CL 1887, §774; RPolC 1903, §1068; RC 1919, §6090; SDC 1939, §58.0508.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-6 - Equalization of township assessments.

8-5-6. Equalization of township assessments.
The township board of supervisors shall perform the duties of a board of equalization of township assessments, as provided in the section of this code relating to assessment and taxation.
Source:
SL 1897, ch 28, §36; RPolC 1903, §1091; RC 1919, §6091; SDC 1939, §58.0509.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-8 - Appeals from board of supervisors--Time of taking--Service and filing of notice.

8-5-8. Appeals from board of supervisors--Time for taking--Service and filing of notice.
From all decisions, orders, and resolutions of the boards of supervisors of townships, there shall be allowed an appeal by any person aggrieved thereby upon compliance with this section.
Such appeals shall be taken within twenty days after the publication of the decision, order, or resolution of the board, if such be published; and in those cases where there is no publication, then within twenty days from the time of receiving actual notice thereof, by serving a written notice on one of the members of the board, which notice shall describe with reasonable certainty the decision, order, or resolution appealed from, and shall briefly set forth the grounds upon which the appeal is made. The original of such notice of appeal, together with proof of service, shall be filed forthwith in the office of the clerk of courts of the county in which the township is located, and it shall be docketed in the same manner as complaints in civil actions. However, the filing fee is twenty-five dollars.
Source:
SL 1961, ch 454, §1; SL 2007, ch 40, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-9 - Transcript filed by board on appeals--Settlement and framing of issues.

8-5-9. Transcript filed by board on appeals--Settlement and framing of issues.
Within thirty days after the service of such notice of appeal, the board of supervisors of the township shall cause to be filed with the clerk of courts a transcript of the proceedings of such board relative to the decision, order, or resolution being appealed, which transcript shall be certified to by the township clerk as being correct. The issue shall be deemed to have been joined from the time of filing of such transcript and the matter may be brought on for trial in the same manner as provided for in civil cases. If the issues do not sufficiently appear from the notice of appeal and such transcript, the court may, upon notice to the parties, settle and frame the issues to be tried.
Source:
SL 1961, ch 454, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-10 - Hearing de novo on appeals--Judgment and order of circuit court.

8-5-10. Hearing de novo on appeals--Judgment and order of circuit court.
All appeals taken as prescribed by §8-5-8 shall be heard and determined de novo. The circuit court may make a final judgment and cause the same to be executed or may send the same back to the board of township supervisors with an order how to proceed, and require the board to comply therewith by mandamus or attachment as for contempt.
Source:
SL 1961, ch 454, §3.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-12 - Appeal cumulative to other remedies.

8-5-12. Appeal cumulative to other remedies.
The provisions of §§8-5-8 to 8-5-11, inclusive, shall be cumulative to any existing remedies, proceedings, or actions available against township and township officers.
Source:
SL 1961, ch 454, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-13 - Firearms regulation prohibited--Action by attorney general.

8-5-13. Firearms regulation prohibited--Action by attorney general.
No township may pass an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any township that passes or enforces an ordinance in violation of this section. If the township fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any township that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source:
SL 1983, ch 38, §3; SL 2019, ch 51, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 05 - Township Board Of Supervisors › Section 8-5-14 - Supervisor names and phone numbers to be posted on township website.

8-5-14. Supervisor names and phone numbers to be posted on township website .
A county official of any county that maintains an official website shall post thereon the name and phone number of each person serving on a board of township supervisors within the county.
Source:
SL 2019, ch 52, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-1 - Bond required of clerk.

8-6-1. Bond required of clerk.
Any person elected or appointed to the office of township clerk shall, before the person enters the office and within the time prescribed by law for filing the oath of office, execute a bond, conditioned upon the faithful discharge of the duties of the office, paid for by the township, and with a surety company authorized to conduct business in this state or through a pool arrangement as provided in §§1-24-11 to 1-24-17, inclusive. The bond shall be for an amount set by and approved by the board of township supervisors and filed in the office of the county auditor. The bond shall be set for an amount approximately equal to the sum of money that the township is expected to receive in any one fiscal year or two hundred thousand dollars, whichever is less.
Source:
SL 1872-3, ch 51, §64; PolC 1877, ch 23, §61; SL 1883, ch 112, subch 1, §67; CL 1887, §779; RPolC 1903, §1073; SL 1913, ch 283, §1; RC 1919, §6093; SDC 1939, §58.0601; SL 1949, ch 430, §1; SL 1974, ch 55, §14; SL 2004, ch 73, §1; SL 2006, ch 33, §1; SL 2014, ch 48, §9.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-2 - Appointment of deputy clerk--Oath of office.

8-6-2. Appointment of deputy clerk--Oath of office.
The township clerk may in his discretion appoint a deputy, for whose acts he shall be responsible. Before any deputy shall enter upon the duties of his office he shall take and subscribe the oath or affirmation required by §3-1-5, which oath shall be filed in the office of the county auditor.
Source:
SL 1883, ch 112, subch 1, §65; CL 1887, §777; RPolC 1903, §1071; SL 1913, ch 283, §1; RC 1919, §6094; SDC 1939, §58.0602; SL 1974, ch 55, §15.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-3 - Minutes of township meetings--Orders, rules, and regulations and accounts--Preservation--Destruction.

8-6-3. Minutes of township meetings--Orders, rules, and regulations and accounts--Preservation--Destruction.
The township clerk shall record, in the book of records of his township, minutes of the proceedings of every township meeting, and he shall enter therein every order or direction and all rules and regulations of any such meeting, and shall also file and preserve all accounts audited by the township board or allowed at a township meeting, and enter a statement thereof in such book of records. However, the township clerk may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1872-3, ch 51, §63; PolC 1877, ch 23, §60; SL 1883, ch 112, subch 1, §66; CL 1887, §778; RPolC 1903, §1072; RC 1919, §6095; SDC 1939, §58.0603; SL 1981, ch 45, §5.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-4 - Record of proceedings of supervisors--Preservation--Destruction.

8-6-4. Record of proceedings of supervisors--Preservation--Destruction.
The township clerk shall be clerk of the township board of supervisors and shall manage and file a true record of all its proceedings except the records for accounts maintained by the treasurer as prescribed in §8-10-27 and when no other provision is made by law. However, the township clerk may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1883, ch 112, subch 1, §83; CL 1887, §796; RPolC 1903, §1090; RC 1919, §6111; SDC 1939, §58.0604; SL 1981, ch 45, §6; SL 1993, ch 69, §1.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-5 - Custody, preservation, and destruction of township records.

8-6-5. Custody, preservation, and destruction of township records.
If no other provision is made by law, the township clerk shall duly file and safely keep all records and papers required by law to be filed by the township clerk. However, the township clerk may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SL 1883, ch 112, subch 1, §65; CL 1887, §777; RPolC 1903, §1071; SL 1913, ch 283, §1; RC 1919, §6094; SDC 1939, §58.0602; SL 1981, ch 45, §7; SL 1993, ch 69, §2.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-6 - Oaths administered and acknowledgments taken by clerk.

8-6-6. Oaths administered and acknowledgments taken by clerk.
The township clerk is authorized to administer all oaths and take all acknowledgments of instruments authorized or required by law.
Source:
SL 1883, ch 112, subch 1, §64; CL 1887, §776; RPolC 1903, §1070; RC 1919, §6096; SDC 1939, §58.0605.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-7 - Filing annual fiscal report.

8-6-7. Filing annual fiscal report.
The township clerk shall file the annual fiscal report of the township with the county auditor pursuant to §6-9-1 by the last day of March of the year immediately following the close of the township's fiscal year.
Source:
SL 1993, ch 69, §3; SL 2014, ch 48, §10.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 06 - Township Clerk › Section 8-6-8 - Filing record of notice of injury.

8-6-8. Filing record of notice of injury.
The township clerk shall file for the township pursuant to §3-21-3 any record of notice of injury received by the township.
Source:
SL 1993, ch 69, §4.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 07 - Township Treasurer › Section 8-7-1 - Bond required of treasurer.

8-7-1. Bond required of treasurer.
Any person elected or appointed to the office of township treasurer, before the person enters the office, shall give to the county a bond, conditioned upon the faithful discharge of the duties of the office, paid for by the township, and with a surety company authorized to conduct business in this state or through a pool arrangement as provided in §§1-24-11 to 1-24-17, inclusive. The bond shall be for an amount set by and approved by the board of township supervisors and filed in the office of the county auditor. The bond shall be set for an amount approximately equal to the sum of money that the township is expected to receive in any one fiscal year or two hundred thousand dollars, whichever is less.
Source:
SL 1883, ch 112, subch 1, §38; CL 1887, §743; RPolC 1903, §1035; SL 1913, ch 283, §1; RC 1919, §6098; SL 1925, ch 292; SL 1931, ch 262; SDC 1939, §58.0701; SL 1949, ch 431, §1; SL 2004, ch 73, §2; SL 2006, ch 33, §2; SL 2014, ch 48, §11.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 07 - Township Treasurer › Section 8-7-2 - Custody of township money--Accounting.

8-7-2. Custody of township money--Accounting.
The township treasurer shall receive and take charge of all money belonging to the township or which is by law required to be paid into the township treasury, and shall pay over and account for the same upon the order of the township or the officers thereof duly authorized in that behalf, made pursuant to law, and shall perform such other duties as may be required of him by law.
Source:
SL 1872-3, ch 51, §75; PolC 1877, ch 23, §66; SL 1883, ch 112, subch 1, §71; CL 1887, §783; RPolC 1903, §1077; RC 1919, §6099; SDC 1939, §58.0702.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 07 - Township Treasurer › Section 8-7-3 - Forfeiture of costs and expenses for failure to comply with law.

8-7-3. Forfeiture of costs and expenses for failure to comply with law.
Each township treasurer, who refuses or neglects to comply with the provisions of §8-7-2, shall forfeit not more than the amount the township was required to expend in costs and expenses due to the failure of the treasurer to comply with the law to be recovered by a civil action in the name of the township, for its use and benefit, in any court of competent jurisdiction; the amount to be fixed by the jury trying the cause or by the court if no jury be impaneled.
Source:
SL 1872-3, ch 51, §79; PolC 1877, ch 23, §70; SL 1883, ch 112, subch 1, §75; CL 1887, §787; RPolC 1903, §1081; RC 1919, §6103; SDC 1939, §58.0706; SL 2014, ch 48, §12.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-1 - Contracts unlawful unless made at board meeting.

8-9-1. Contracts unlawful unless made at board meeting.
All contracts made by any civil township officer or supervisor, in his capacity as such officer, except contracts made at a regular or special meeting of the civil township board, shall be deemed unlawful and not binding upon such civil township.
Source:
SL 1897, ch 40, §1; RPolC 1903, §1066; RC 1919, §6087; SDC 1939, §58.0504.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-2 - Contract with township officer void--Removal from office.

8-9-2. Contract with township officer void--Removal from office.
No township officer shall become a party to or interested directly or indirectly in any contract made by the township of which he is an officer; and every contract or payment voted for or made contrary to the provisions of this section is void. Any violation of this section shall be a malfeasance in office for which the officer so offending may be removed from office.
Source:
SL 1883, ch 112, subch 1, §119; CL 1887, §837; RPolC 1903, §1144; RC 1919, §6136; SDC 1939, §58.0403.
2023 South Dakota Codified Laws › Title 8 - Townships › Chapter 09 - Township Contracts And Purchases › Section 8-9-3 - Purchase, lease, or lease purchase of equipment--Approval of voters.

8-9-3. Purchase, lease, or lease purchase of equipment--Approval of voters.
No township board of supervisors may purchase, lease, or lease purchase any road grader or any other machine or tool, the cost of which exceeds fifteen thousand dollars, without the approval of the voters of such township in the manner provided by law.
Source:
SL 1897, ch 118, §1; RPolC 1903, §1065; RC 1919, §6086; SDC 1939, §58.0503; SL 1991, ch 67; SL 2004, ch 74, §1.