reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-5 - Publication of notice of vacancies on school board--Newly created school districts.

13-7-5. Publication of notice of vacancies on school board--Newly created school districts.
Between the fifteenth day and the thirtieth day of the month three months preceding the election, except in the case of the joint election as provided in §13-7-10.1, the business manager of each school district shall publish once each week for two consecutive weeks in the official newspaper, a notice setting forth the vacancies which will occur by termination of the terms of the elective or appointive school board members. However, if the vacancies set forth in the notice exist within a new school board of a newly created school district entity pursuant to §13-6-62, the county auditor of the county having jurisdiction over the election shall publish the notice once each week for two consecutive weeks at least one month preceding the election. The notice shall also state the time and place where nominating petitions for school board membership may be filed for the vacancies.
Source:
SDC 1939, §15.2509; SL 1949, ch 70; SL 1951, ch 63, §1; SL 1955, ch 41, ch 9, §11; SL 1955, ch 44; SL 1957, ch 64, §3; SDC Supp 1960, §15.2311; SL 1968, ch 47, §2; SL 1975, ch 128, §32; SL 1976, ch 117, §1; SL 1979, ch 113, §1; SL 1985, ch 119, §1; SL 1995, ch 90, §3; SL 2004, ch 75, §6; SL 2007, ch 89, §1, eff. Feb. 15, 2007.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-6 - Filing of candidate's nominating petition--Formal declaration of candidacy--Contents, circulation, and verification of nominating petition.

13-7-6. Filing of candidate's nominating petition--Formal declaration of candidacy--Contents, circulation, and verification of nominating petition.
No candidate for elective school board membership may be nominated unless such person is a resident voter of the school district and unless a nominating petition has been filed on such person's behalf with the business manager of the school district. The nominating petition shall be filed no later than five p.m. on the Friday thirty-nine days before the date of the election. The petition is considered filed if it is mailed by registered mail by five p.m. on the Friday thirty-nine days before the election. A formal declaration of a candidate shall be signed by the candidate before the circulation of the petition. The petition shall be signed by not less than twenty voters of the school district or if the school district is divided into school board representation areas, the petition shall be signed by not less than twenty voters who reside within the school board representation area. No petition may be circulated until ten weeks prior to the election. There shall be added by either the signer or the circulator the signer's place of residence and date of signing. The petition shall be verified under oath by the person circulating it. The filing of the nominating petition shall constitute nomination and will entitle the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition only upon verification signed by the business manager that the nominating petition contains the minimum number of signatures and that the candidate is a resident voter.
Source:
SDC 1939, §15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, §10; SL 1957, ch 64, §2; SL 1959, ch 64; SDC Supp 1960, §15.2310; SL 1968, ch 47, §1; SL 1975, ch 128, §33; SL 1979, ch 113, §2; SL 1981, ch 129, §1; SL 1985, ch 119, §2; SL 1995, ch 90, §2; SL 1996, ch 103, §1; SL 2004, ch 75, §7; SL 2007, ch 89, §2, eff. Feb. 15, 2007; SL 2009, ch 69, §11; SL 2010, ch 74, §24; SL 2015, ch 77, §16 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-6.1 - Option to adopt campaign finance law.

13-7-6.1. Option to adopt campaign finance law.
The school district governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27.
Source:
SL 1988, ch 60, §2; SL 2008, ch 67, §22.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-6.2 - Candidate's nominating petition in newly created school district.

13-7-6.2. Candidate's nominating petition in newly created school district.
If the nominating petition is from a candidate for a vacancy on a new school board within a newly created school district entity pursuant to §13-6-62, the nominating petition shall be circulated no more than sixty days prior to the date of the election and filed no later than thirty days prior to the date of the election.
Source:
SL 2010, ch 74, §25.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-7 - Withdrawal by candidate for board membership.

13-7-7. Withdrawal by candidate for board membership.
Any person who has filed a nominating petition pursuant to §13-7-6 may withdraw from nomination by request in writing signed by the person and properly acknowledged and filed with the election official of the school district by five p.m. on the deadline day for filing nominating petitions. No name withdrawn may be printed on the ballots to be used.
Source:
SDC 1939, §15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, §10; SL 1957, ch 64, §2; SL 1959, ch 64; SDC Supp 1960, §15.2310; SL 1968, ch 47, §1; SL 1975, ch 128, §34; SL 1979, ch 113, §3; SL 1981, ch 129, §2; SL 1985, ch 119, §3; SL 1995, ch 90, §4; SL 1996, ch 60, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-8 - Publication of notice of election--Contents--Facsimile of ballot.

13-7-8. Publication of notice of election--Contents--Facsimile of ballot.
The business manager of the school district shall publish in the official newspaper notices of an election once each week for two consecutive weeks with the first publication not less than ten days before the election. The notice shall state the date of the coming school election, the vacancies to be filled with terms of each, the candidates who have filed for these vacancies, questions, if any, to be submitted at the election, and the location of polling places. A facsimile of the official ballot shall be published in the calendar week prior to each election.
Source:
SDC 1939, §15.2511; SL 1955, ch 41, ch 9, §13; SL 1957, ch 64, §5; SDC Supp 1960, §15.2313; SL 1975, ch 128, §35; SL 1979, ch 113, §4; SL 1985, ch 119, §4; SL 2003, ch 43, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-8.1 - Notice of special election.

13-7-8.1. Notice of special election.
When a special election is held to decide an issue, the business manager of the school district shall publish notices as provided in §13-7-8.
Source:
SL 1985, ch 119, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-9 - Election not held if no contest or question--Certificates of election.

13-7-9. Election not held if no contest or question--Certificates of election.
In school districts if only one nominating petition is filed for each board vacancy to be filled and if there are no other questions to be submitted to the voters, there shall be no election and the notices and publication provided in §13-7-8 will not be necessary, but the business manager shall issue certificates of election to the nominees in the same manner as to successful candidates after election.
Source:
SDC 1939, §15.2509; SL 1951, ch 63, §1; SL 1955, ch 41, ch 9, §13; SL 1955, ch 44; SL 1957, ch 64, §5; SDC Supp 1960, §15.2313; SL 1975, ch 128, §36; SL 1979, ch 113, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-9.1 - Death or withdrawal of candidate resulting in no contest.

13-7-9.1. Death or withdrawal of candidate resulting in no contest.
If death or withdrawal of a candidate or candidates at any time prior to forty-eight hours preceding the opening of the polls in any school district election occasions that there is no contest on the ballot, that ballot need not be voted and if it constitutes the only ballot to be voted upon, then the election may be canceled by the officer responsible for its conduct and the unopposed candidate issued certificate of election as though duly elected.
Source:
SL 1971, ch 95.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-10 - Date and hours of annual school elections--Procedure for absentee voting, voter registration, and counting ballots.

13-7-10. Date and hours of annual school elections--Procedure for absentee voting, voter registration, and counting ballots.
The regular election for school districts shall be held between the second Tuesday in April and the third Tuesday in June between the hours of seven a.m. and seven p.m. of the day of the election. The school board shall select the date of the election by resolution no later than the first regular meeting after January first of each year. Voter registration, absentee voting, and procedures used in counting ballots shall be in accordance with Title 12 except as specifically provided in chapter 13-7.
Source: SDC 1939, §§15.2309, 15.2509; SL 1945, ch 55, §1; SL 1951, ch 63, §1; SL 1955, ch 41, ch 9, §12; SL 1955, ch 44; SL 1957, ch 64, §4; SL 1959, ch 65, §1; SDC Supp 1960, §15.2312; SL 1975, ch 128, §37; SL 1985, ch 119, §5; SL 1995, ch 90, §1; SL 1997, ch 85, §1; SL 1999, ch 39, §2; SL 2002, ch 45, §4; SL 2023, ch 55, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-10.1 - Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities.

13-7-10.1. Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities.
The members of the governing body of a school district may choose to hold a general school district election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date set for either the school district election or the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the municipality and the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.
Source:
SL 1981, ch 66, §2; SL 1985, ch 119, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-10.2 - Notices and nomination procedure for certain joint elections.

13-7-10.2. Notices and nomination procedure for certain joint elections.
If the joint election provided for in §13-7-10.1 is held on the second Tuesday in April, no candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless a nominating petition has been filed on the candidate's behalf with the business manager of the school district no later than the last Friday in February at five p.m. prior to the date of the election. If the petition is mailed by registered mail by the last Friday in February at five p.m. before the election, it shall be considered filed. A formal declaration of a candidate shall be signed by the candidate before the circulation of the petition. The petition shall be signed by not less than twenty voters of the school district. No petition may be circulated until the last Friday in January before the election. There shall be added by either the signer or the circulator the signer's place of residence and date of signing. The petition shall be verified under oath by the person circulating the petition. The filing of the nominating petition shall constitute nomination and will entitle the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition only upon verification signed by the business manager that the nominating petition contains the minimum number of signatures and that the candidate is a resident voter.
Publication of the notice of the election provided for in §13-7-10.1 shall be in accordance with §13-7-8.
Source:
SL 1985, ch 119, §9; SL 1986, ch 67, §6; SL 2004, ch 75, §8; SL 2015, ch 77, §17 rejected Nov. 8, 2016.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-10.3 - Joint school board and primary elections.

13-7-10.3. Joint school board and primary elections.
Any other provision of this chapter notwithstanding, the school board may choose to hold the school board election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the school district is located. Expenses of a combined election shall be shared in a manner agreed upon by the school board and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapter 13-7 and Title 12 shall be shared as agreed upon by the governing bodies. The school election official shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March.
Source:
SL 1996, ch 60, §4; SL 2004, ch 75, §9; SL 2007, ch 81, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-10.4 - Notices and nomination procedure for joint board and primary elections.

13-7-10.4. Notices and nomination procedure for joint board and primary elections.
For any school board election held on the first Tuesday after the first Monday in June, the deadlines in this section apply. The school's election official shall publish the notice provided in §13-7-5 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of §13-7-6 by the last Tuesday in March.
Source:
SL 2004, ch 75, §11; SL 2005, ch 87, §5; SL 2007, ch 81, §14.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-11 - Voting precincts and polling places.

13-7-11. Voting precincts and polling places.
The number and place of voting precincts shall be determined by the school board.
Source:
SDC 1939, §15.2513; SL 1955, ch 41, ch 9, §15; SL 1957, ch 65; SDC Supp 1960, §15.2315; SL 1975, ch 128, §38.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-12 - Precinct superintendents and precinct deputies of school elections--Compensation.

13-7-12. Precinct superintendents and precinct deputies of school elections--Compensation.
Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the school board. Members of school boards may serve on election boards.
Each precinct superintendent and precinct deputy other than members of school boards shall receive compensation as shall be fixed by the school board and paid from the district treasury.
Source:
SDC 1939, §§15.2309, 15.2513; SL 1945, ch 55, §1; SL 1955, ch 41, ch 9, §15; SL 1957, ch 65; SDC Supp 1960, §15.2315; SL 1975, ch 128, §39; SL 1999, ch 69, §54.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-13 - Ballots and election supplies--Form and content of ballots--Absentee ballots.

13-7-13. Ballots and election supplies--Form and content of ballots--Absentee ballots.
The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election officials on election day. The ballots shall be as prescribed by the State Board of Elections. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. No party affiliation may appear on the ballot and the names of the candidates for the respective vacancies shall be printed on the ballot. Each candidate's position on the ballot shall be chosen by lot by the business manager and each candidate may be present or represented when the position on the ballot is being determined. The ballots for school elections shall be available for absentee voting no later than fifteen days prior to election day.
Source:
SDC 1939, §15.2512; SL 1955, ch 41, ch 9, §14; SL 1957, ch 64, §6; SDC Supp 1960, §15.2314; SL 1975, ch 128, §40; SL 1979, ch 113, §6; SL 1995, ch 91; SL 2004, ch 75, §10; SL 2008, ch 34, §19; SL 2016, ch 43, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-14 - Absentee voting in school elections.

13-7-14. Absentee voting in school elections.
Absentee voting shall be permitted in school district elections, including school district bond elections and shall be conducted pursuant to chapter 12-19. The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to be voted at the county auditor's office in the county of jurisdiction.
Source:
SL 1955, ch 41, ch 9, §15; SL 1957, ch 65; SDC Supp 1960, §15.2315; SL 1975, ch 128, §41; SL 1995, ch 92, §1; SL 2012, ch 85, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-17 - Certification of school district election returns--Preservation of ballots and ballot boxes.

13-7-17. Certification of school district election returns--Preservation of ballots and ballot boxes.
The returns from a school district election shall be certified by the election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, shall be placed in the custody of the school district's business manager, who shall keep such boxes inviolate for at least sixty days after the canvass of the returns.
Source:
SDC 1939, §15.2514; SL 1955, ch 41, ch 9, §16; SL 1957, ch 64, §7; SDC Supp 1960, §15.2316; SL 1975, ch 128, §42.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-18 - Canvass of election results--Certificates of election--Certification of results.

13-7-18. Canvass of election results--Certificates of election--Certification of results.
The pollbooks shall be opened and the election results shall be canvassed by the school board at the next meeting and certificates of election shall be issued by the business manager of the district to each successful candidate and election results shall be certified to the county auditor of each county in which the school district is located.
Source:
SDC 1939, §15.2514; SL 1955, ch 41, ch 9, §16; SL 1957, ch 64, §7; SDC Supp 1960, §15.2316; SL 1975, ch 128, §43; SL 2003, ch 84, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-19.1 - Tie vote--Recount procedure--Resolution by lot.

13-7-19.1. Tie vote--Recount procedure--Resolution by lot.
If a tie vote exists after the canvass of the original official returns, the school board making the canvass shall certify the vote to the business manager. The business manager shall then notify the candidates that if no request for recount is made in writing to the business manager within five days, the winner shall be determined by drawing of lots. If no recount request is made or a tie vote between candidates is found to exist on the basis of such recount, the business manager shall fix a time and place for the drawing of lots, giving reasonable notice of the time and place to each of the candidates involved in the tie vote. Drawing of lots shall be in the manner directed by the business manager and the certificate of election shall be issued to the candidate winning in the drawing of lots.
Source:
SL 1981, ch 130, §2; SL 1995, ch 44, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-19.2 - Close margin in school board election--Request for recount--Recount board established.

13-7-19.2. Close margin in school board election--Request for recount--Recount board established.
If any candidate for the school board is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, the candidate may, within five days after completion of the official canvass, file with the business manager of the school district a written request for a recount. Upon receipt of a recount request, the business manager shall set the time and place for a recount. A recount board shall be established consisting of one person chosen by each candidate declared elected and by each candidate who is eligible to request a recount. If this board consists of an even number of persons, one additional recount board member shall be appointed by the business manager who shall be mutually agreeable to each candidate involved in the recount. The person having custody of the ballot boxes containing the ballots to be recounted shall produce the ballot boxes before the recount board. All questions arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed as expeditiously as reasonably possible until completed.
Source:
SL 1982, ch 134, §1; SL 1995, ch 44, §5; SL 1999, ch 78, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-19.3 - Close margin in school election--Petition for recount--Appointment of recount board--Production of ballot boxes--Disputes.

13-7-19.3. Close margin in school election--Petition for recount--Appointment of recount board--Production of ballot boxes--Disputes.
A recount shall be conducted if, within five days after completion of the official canvass of a school district regular or special election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three registered voters of the school district file a petition duly verified by such voters, setting forth that they believe a recount will change the outcome. A recount board shall be appointed by the business manager who shall appoint one person on each side of the question and one person who shall be mutually agreed upon by the other two appointed. The person having custody of the ballot boxes containing the ballots to be recounted shall produce the ballot boxes before the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed as expeditiously as reasonably possible until completed.
Source:
SL 1982, ch 134, §2; SL 2002, ch 77, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-19.4 - Compensation of recount board.

13-7-19.4. Compensation of recount board.
In school district election recounts there shall be paid out of the general fund of the school district to the members of the recount board compensation set by the school board, to be not less than the minimum wage established by §60-11-3.
Source:
SL 1982, ch 134, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-27 - Definitions.

13-7-27. Definitions.
The terms "election," "candidate," "election officials," "elector," "voter," and "registration officials" when used in a school district election or petition are defined in §12-1-3.
Source:
SL 1985, ch 119, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-30 - Information regarding school elections to be provided in school board minutes.

13-7-30. Information regarding school elections to be provided in school board minutes.
For the most recent regular school election conducted in each school district as provided in §13-7-10, each school board shall provide in the school board minutes the following information:
(1)The number of registered voters of the school district on the date voter registration closes;
(2)The number of registered voters of the school district who voted in the election;
(3)The percentage of registered voters of the school district who voted in the election; and
(4)If the election was held in conjunction with a regular municipal election as provided in §13-7-10.1 or with the regular June primary as provided in §13-7-10.3.
If the regular election was not conducted because there was neither a contested vacancy on the school board nor any question submitted to the voters, the school board shall provide that information in the school board minutes.
Source: SL 2018, ch 91, §1; SL 2023, ch 55, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-32 - Joint school-primary elections--Increase or decrease of school board terms subject to referendum.

13-7-32. Joint school-primary elections--Increase or decrease of school board terms subject to referendum.
A school board resolution to increase school board terms to four years or to decrease school board terms to two years, pursuant to §13-8-2, is subject to a referendum if five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, petition, within twenty days after the resolution is enacted, to have the question of approval or disapproval of the resolution to increase or decrease term limits placed upon the ballot at the next scheduled election or at a special election called for that purpose. The business manager shall give notice that the question will be on the ballot at the next scheduled election or at a special election called for that purpose as provided by law for school elections and prepare official ballots according to the provisions of this title.
Source: SL 2023, ch 55, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-33 - Joint school-primary elections--Number of vacancies and term years determined by school board.

13-7-33. Joint school-primary elections--Number of vacancies and term years determined by school board.
If a resolution to increase a school board term to four years is approved, pursuant to §13-8-2, the school board must designate the number of vacancies and the number of years, not exceeding four years, for each vacancy so that all succeeding elections have, insofar as practicable, the same number of vacancies to be filled.
If a resolution to decrease the length of a school board term from three to two years is approved pursuant to §13-8-2, each member of the school board must be elected at the regularly scheduled election.
Source: SL 2023, ch 55, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 07 - School District Elections › Section 13-7-34 - Joint school-primary elections--Procedure to return school board term to three years.

13-7-34. Joint school-primary elections--Procedure to return school board term to three years.
If a school board has, by resolution, increased the length of terms from three to four years or decreased the length of terms from three to two years for the purpose of holding joint elections pursuant to §13-7-10.3, the school board may decrease the length of terms from four years to three or increase the length of terms from two to three years using the same procedure as used when altering the length of terms for the purpose of holding joint elections pursuant to §13-7-10.3, provided that each school board member is entitled to complete the term of office to which the member was elected. The school board is empowered to designate the number of vacancies and the number of the years, not to exceed three years, in each vacancy so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.
Source: SL 2023, ch 55, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-1 - School board defined.

13-8-1. School board defined.
The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district.
Source:
SL 1955, ch 41, ch 9, §1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, §15.2301; SL 1963, ch 78; SL 1973, ch 86, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-2 - Composition and terms of office of school board members--Resolution for term length change--Joint school-primary elections--Notice and hearing.

13-8-2. Composition and terms of office of school board members--Resolution for term length change--Joint school-primary elections--Notice and hearing.
A school board consists of five, seven, or nine members whose terms are from one to three years initially, and three years thereafter; provided that each school board member is entitled to complete the term of office to which the member was elected. A school board may, by resolution, increase the length of terms from three to four years or decrease the length of terms from three to two years for the purpose of holding joint elections pursuant to §13-7-10.3. Terms may not be increased or decreased unless the school board conducts a public hearing thereon, after having given notice of the hearing by publication at least twice in its official newspaper at least ten days before the hearing. At the hearing, the board may approve the resolution or may refer the matter to the voters of the district.
Source: SDC 1939, §15.2507; SL 1955, ch 41, ch 9, §2; SL 1957, ch 64, §1; SDC Supp 1960, §15.2302; SL 1965, ch 49, §1; SL 1968, ch 45, §1; SL 1972, ch 93, §1; SL 1973, ch 86, §2; SL 1973, ch 87, §1; SL 2023, ch 55, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-3 - Petition or school board resolution for election to increase size of district board, establish, or discontinue school board representation areas.

13-8-3. Petition or school board resolution for election to increase size of district board, establish, or discontinue school board representation areas.
The voters of any school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by ten percent of the registered voters of any school district, based upon the total number of registered voters at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas, the board shall call an election. The school board may, by resolution, call for an election for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas. The question shall be submitted to the voters at an election to be held not less than forty-five nor more than sixty days from the date of the filing of the petition with the business manager. If a petition is filed less than one hundred twenty days prior to the next regular election, the question must be submitted at the regular election. The election must be held upon the same notice and conducted in the same manner as provided by chapter 13-7. Any increase or decrease in the number of board members must be implemented at the next succeeding regular election.
Source: SDC Supp 1960, §15.2302 as added by SL 1965, ch 49, §1; SL 1968, ch 45, §1; SL 1975, ch 128, §44; SL 1983, ch 120, §1; SL 1987, ch 67, §10; SL 1993, ch 125; SL 2002, ch 82, §1; SL 2009, ch 73, §1; SL 2023, ch 55, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-4 - Elections and terms of office after increase in size of school board--Reduction in size of board.

13-8-4. Elections and terms of office after increase in size of school board--Reduction in size of board.
If at an election held pursuant to §13-8-3 an increase in the number of board members is authorized, the school board must designate the number of vacancies and the number of years, not to exceed three years, or four years if authorized pursuant to §13-8-2, in each vacancy, so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.
The procedure for decreasing the number of board members is the same as for increasing the number of board members, and the board shall designate the vacancies and terms not to exceed three years, or four years if authorized pursuant to §13-8-2; provided, that each school board member is entitled to complete the term of office to which the member was elected.
Source: SDC Supp 1960, §15.2302 as added by SL 1965, ch 49, §1; SL 1968, ch 45, §1; SL 1972, ch 93, §2; SL 1975, ch 128, §45; SL 2023, ch 55, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-5 - Waiting period after election on size of school board.

13-8-5. Waiting period after election on size of school board.
The question of any change in number of board members, having once been voted upon whether approved by the voters or not, shall not be again submitted within two years thereafter.
Source:
SDC Supp 1960, §15.2302 as added by SL 1965, ch 49, §1; SL 1968, ch 45, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-7.1 - School board member representation areas--Establishment--Election of board members.

13-8-7.1. School board member representation areas--Establishment--Election of board members.
Any school board may establish school board member representation areas. The electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§13-8-3 to 13-8-5, inclusive. The representation areas, if established, shall become effective January first of the following year. Each representation area shall include a population with a variance of not more than five percent and shall be reapportioned at least once every ten years. If board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. Before the school board member representation areas are established, the entity responsible for establishing the school board member representation areas shall state whether the board members will be elected at large or elected by the voters who reside within the representation area or elected by any combination thereof.
All current board members shall serve the balance of their terms. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.
Source:
SL 1988, ch 137; SL 2006, ch 76, §2; SL 2007, ch 91, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-10 - Meetings of board--Election of officers--Designation of depository and newspaper--Quorum.

13-8-10. Meetings of board--Election of officers--Designation of depository and newspaper--Quorum.
The annual meeting shall be held on the second Monday of July unless otherwise designated by the board at the prior regular meeting. Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the annual meeting the school board shall organize by the election of a president and a vice president from its membership, and such officers shall serve until the next annual meeting. The board shall designate the depository or depositories as provided in §13-16-15, and the custodians of all accounts; and designate the legal newspaper to be used for publishing all official notices and proceedings. A majority of the members of the school board constitutes a quorum for the purpose of conducting business. Any board action may be taken if it is approved by the majority of the members voting.
Special meetings may be held upon call of the president or in the president's absence by the vice-president, or a majority of the board members. Notice of such meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their presence.
Source:
SDC 1939, §15.2516; SL 1951, ch 63, §3; SL 1955, ch 41, ch 9, §4; SDC Supp 1960, §15.2304; SL 1964, ch 43; SL 1973, ch 86, §5; SL 1975, ch 128, §48; SL 2007, ch 92, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-10.1 - Associations of school boards--Majority vote for membership--Annual dues.

13-8-10.1. Associations of school boards--Majority vote for membership--Annual dues.
The school board of any school district of this state or any board of education governing elementary or secondary education by a majority vote may become a member of an association with other school boards of South Dakota upon payment of the annual dues to the association by the district. All school board members of that district or other body become members of such association for the period covered by the payment of the dues.
Source:
SL 1949, ch 68, §2; SL 1955, ch 41, ch 7, §9; SDC Supp 1960, §15.1909; SDCL, §13-9-2; SL 1969, ch 42, §1; SL 1976, ch 110, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-10.2 - Attendance at association meetings--Appointment of members and official delegates--Expenses.

13-8-10.2. Attendance at association meetings--Appointment of members and official delegates--Expenses.
Every school board member in the state shall be entitled to attend the meetings of such association, and every school board, which is a member of such association, may appoint any of its members to attend the annual, district, or regional meeting thereof with one to act as an official delegate and shall pay the actual and necessary expenses incurred by those attending such meeting as provided in §13-8-38.
Source:
SL 1949, ch 68, §6; SL 1955, ch 41, ch 7, §13; SDC Supp 1960, §15.1913; SDCL, §§13-9-4, 13-9-5; SL 1969, ch 42, §2; SL 1969, ch 47; SL 1975, ch 128, §68; SL 1976, ch 110, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-14 - Assumption of office by newly elected or appointed members--Oath and bond.

13-8-14. Assumption of office by newly elected or appointed members--Oath and bond.
The newly elected members of the school board shall qualify and assume membership at the annual meeting of the school board in July, and appointed members at the next meeting following such appointment, by taking and subscribing to an oath or affirmation to support the laws and Constitution of the United States and the State of South Dakota and to faithfully perform the duties of school board membership and by filing a bond if required by law and having it approved.
Source:
SL 1955, ch 41, ch 9, §18; SDC Supp 1960, §15.2318; SL 1975, ch 128, §50; SL 1977, ch 116, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-15 - Filing and administration of oaths.

13-8-15. Filing and administration of oaths.
In all school districts oaths of office shall be filed with the business manager except the oath of office of the business manager which shall be filed with the county auditor. Business managers and presidents of school boards are empowered to administer oaths in all matters in which their respective districts may be a party.
Source:
SDC 1939, §§15.2008, 15.2317; SL 1953, ch 55, §1; SL 1955, ch 41, ch 9, §18; SDC Supp 1960, §15.2318; SL 1973, ch 86, §7; SL 1975, ch 128, §51.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-16 - Failure of member to qualify.

13-8-16. Failure of member to qualify.
Failure of any school board member-elect or appointee to qualify as specified in §§13-8-14 and 13-8-15 shall constitute a vacancy which may be filled by appointment.
Source:
SDC 1939, §§15.2013, 15.2014; SL 1955, ch 41, ch 9, §18; SDC Supp 1960, §15.2318; SL 1975, ch 128, §52.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-18 - Amount of business manager's bond.

13-8-18. Amount of business manager's bond.
The penal sum of the bonds required for school business managers shall be fixed and approved by the school board.
Source:
SDC 1939, §§15.2009, 15.2010; SL 1955, ch 41, ch 9, §20; SL 1957, ch 66, §2; SDC Supp 1960, §15.2320; SL 1973, ch 86, §9; SL 1989, ch 137.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-19 - Approval and filing of bonds.

13-8-19. Approval and filing of bonds.
The bonds of the business manager shall be approved by the school board.
The bonds shall be filed with the county auditor.
Source:
SDC 1939, §15.2009; SL 1955, ch 41, ch 9, §21; SL 1957, ch 66, §3; SDC Supp 1960, §15.2321; SL 1973, ch 86, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-20 - New or additional bond required.

13-8-20. New or additional bond required.
New or additional bonds for school board members or employees may be required by the school board in a sum to be fixed by the board in the event of the sale of bonds or whenever deemed necessary. The county auditor may require new or additional bonds in districts where deemed necessary by him.
Source:
SDC 1939, §15.2009; SL 1955, ch 41, ch 9, §22; SL 1957, ch 66, §4; SDC Supp 1960, §15.2322; SL 1971, ch 104, §1; SL 1975, ch 128, §53.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-21 - Action on bond after default--Taxpayer's action.

13-8-21. Action on bond after default--Taxpayer's action.
In case of the breach of any condition of any official bond in any school district, the county auditor or any member of a school board where the default occurs shall cause an action to be commenced and prosecuted thereon in the name of the school district and all money so collected shall be paid into the county treasury, to be applied to the use of the schools of such district. If the auditor either fails or refuses to bring such action upon the breach of a bond, any taxpayer of the district may cause such action to be commenced and the necessary expenses of such action shall be paid, unless otherwise ordered by the court, out of the county treasury from funds apportioned to such district.
Source:
SDC 1939, §15.2012; SL 1955, ch 41, ch 9, §23; SL 1957, ch 66, §5; SDC Supp 1960, §15.2323; SL 1971, ch 104, §2; SL 1975, ch 128, §54.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-22 - Incumbent continued in office when successor not elected or qualified.

13-8-22. Incumbent continued in office when successor not elected or qualified.
If for any reason a school district fails to elect any person to succeed a school board member whose term shall have expired or an elected board member fails to qualify, the term shall be deemed vacant, and the incumbent shall continue to act in an official capacity until the vacancy is filled.
Source:
SL 1955, ch 41, ch 9, §26; SDC Supp 1960, §15.2326; SL 1975, ch 128, §55.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-23 - Events creating vacancy on school board.

13-8-23. Events creating vacancy on school board.
A vacancy on the school board occurs if any of the following events happen before the expiration of the term of a school board member. If the member:
(1)Dies;
(2)Is removed from the board;
(3)Fails to qualify as a board member as provided by law;
(4)Ceases to be a resident of the school district or representation area where elected;
(5)Is convicted of any infamous crime or of any offense involving a violation of the member's official oath;
(6)Has a judgment obtained against the member for breach of the member's official bond;
(7)Is incapacitated and is unable to attend to the duties of the position;
(8)Assumes the duties of an office incompatible with the duties of a school board member;
(9)Resigns.
Source:
SDC 1939, §15.2316; SL 1955, ch 41, ch 9, §24; SDC Supp 1960, §15.2324; SL 1975, ch 128, §56; SL 2006, ch 76, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-24 - Resignation not effective until successor appointed and qualified.

13-8-24. Resignation not effective until successor appointed and qualified.
A resignation of a school board member shall necessitate a successor to be appointed to fill the vacancy, but such resignation shall not be effective until the successor is appointed and qualified as prescribed by law, and until such time the resigning member shall continue to serve in an official capacity as a school board member.
Source:
SL 1887, ch 47, §110; CL 1887, §1796; SL 1955, ch 41, ch 9, §27; SDC Supp 1960, §15.2327; SL 1975, ch 128, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-25 - Appointment to fill vacancy on school board--Qualification and term of appointee.

13-8-25. Appointment to fill vacancy on school board--Qualification and term of appointee.
Any vacancy occurring on a school board shall be filled by appointment. The vacancy shall be filled by all school board members, including the vacating member, if the vacancy is created by:
(1)A school district's failure to elect a person to succeed a school board member whose term has expired;
(2)An elected school board member's failure to qualify as specified in §13-8-14; or
(3)A school board member's resignation.
If the vacancy occurs due to an event listed in subdivisions 13-8-23(1), (2), (4), (5), (6), (7), or (8), the vacancy shall be filled by the remaining school board members.
The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term.
Source:
SDC 1939, §§15.2315, 15.2515; SL 1951, ch 63, §2; SL 1955, ch 41, ch 9, §25; SDC Supp 1960, §15.2325; SL 1971, ch 104, §3; SL 1977, ch 116, §2; SL 2015, ch 86, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-26 - Appointment of committees--Persons authorized to countersign checks and warrants.

13-8-26. Appointment of committees--Persons authorized to countersign checks and warrants.
The president of the school board shall appoint all committees, and shall preside at the meetings of the board. The president, or in the president's absence any board member designated by the school board at a board meeting, shall countersign all checks or warrants drawn by the business manager which have been authorized for payment by the school board.
Source:
SDC 1939, §15.2518; SL 1955, ch 41, ch 9, §32; SDC Supp 1960, §15.2332; SL 1975, ch 128, §58; SL 2014, ch 78, §1.