Laws governing local ballot measures in South Dakota
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|A guide to local ballot initiatives|
| Ballot Law Portal|
|Laws Governing Ballot Measures|
This article sets out the laws governing local ballot measures in South Dakota. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
Local government in South Dakota consists of:
- Counties: There are 66 counties in South Dakota. Two of these, Shannon and Todd, operate under home rule charters.
- Townships: There are 916 townships in South Dakota. 52 of South Dakota's 66 counties contain townships. These townships comprise the organized areas of the county that are not included in a municipality.
- Municipalities: There are 310 municipalities in South Dakota. 10 of these operate under home rule charters. They are: Aberdeen, Beresford, Brookings, Elk Point, Faith, Fort Pierre, Pierre, Sioux Falls, Springfield, and Watertown.
- In addition, there are 543 special districts and 152 independent school districts.
Under South Dakota law, school districts are required to hold elections for bonding issued through capital outlays. However, South Dakota does not require elections for school districts seeking to exceed the levy cap. South Dakota requires a three-fifths (60%) super-majority vote in order to approve a bond measure. Also, school districts that have voter approved capital outlay certificates are required to follow a five year plan. South Dakota strictly mandates a five year plan that discloses how school districts will spend capital outlay funds if the measure is approved by the voters.
Local recall rules
In South Dakota, the right of recall extends to "the mayor, any commissioner, any alderman, or any member of the board of trustees" in municipal jurisdictions. Recall is governed by Sections 13(29) through 13(35) of Chapter 9 of South Dakota Codified Law (SDCL).
- For additional detail, see: Laws governing recall in South Dakota
Initiative process availability
All incorporated local governments have mandated initiative and referendum.
Article IX, Section 2 of the South Dakota Constitution mandates charter amendment through initiative and referendum.
South Dakota Code of Laws 9-20-1 mandates initiative and referendum for ordinances in all cities.
Initiative process features
The initiative process for general law municipalites is detailed in the South Dakota Code of Laws 9-20-01 through 9-20-19.
Charter cities must have an initiative process for charter amendments at least as restrictive as that of general law cities.
|Local I&R Laws in the 50 States|
|Source:Local Ballot Initiatives: How citizens change laws with |
clipboards, conversations, and campaigns
Initiative process in the top 10 most populated cities
|List of Most Populated Cities in South Dakota|
|City||Population||City Type||Next election|
|Rapid City||69,200||General law|
- Laws governing ballot measures
- Laws governing local ballot measures
- Local ballot measures, South Dakota
- Ballotpedia Research Document, Local Initiative in South Dakota
- South Dakota Municipal League
- South Dakota Municipal Initiative and Referendum
- ↑ South Dakota Legislative Research Council, Home rule in South Dakota
- ↑ U.S. Census Bureau, "Governments--Individual State Descriptions," accessed October 11, 2012, pg. 364
- ↑ South Dakota Municipal League, "Overview of Municipal Government in SD," Accessed October 11, 2012
- ↑ The U.S. Census Bureau's 2012 study of local governments
- ↑ Ballotpedia: Types and #'s of local government by state
- ↑ South Dakota Code of Laws 9-20
- ↑ US Census Bureau "City and Town Totals: Vintage 2011 (Population figures as of 2011 Census estimates)
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 US Census, Annual Estimates of the Resident Population for Incorporated Places in South Dakota: April 1, 2010 to July 1, 2011