Laws governing recall in South Dakota
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A recall election is the process by which citizens may remove elected officials from office before the expiration of their terms. This article summarizes the laws governing recall elections in South Dakota. South Dakota allows for the recall of some local officials but does not allow for the recall of state officials.
In 39 states, local officials can be subject to recall elections. Of those, 19 also permit recalls of state-level officials. Eleven states do not permit recalls of elected officials at any level. Click here for more information.
Offices subject to recall
Federal officials
The U.S. Constitution does not provide for the recall of elected federal officials. While some state constitutions have stated that their citizens have the right to recall members of Congress, the Supreme Court has never ruled on whether such recalls are constitutional.[1] Ballotpedia does not provide coverage of federal recalls. Click here for more information.
State officials
South Dakota law does not provide for the recall of state officials.
Local officials
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.[2]
Process
Prerequisites
Term length
A recall campaign against a public official may begin at any time.
Reasons for recall
According to §9-13-30, "The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality."
Petition
Signature requirements
According to §9-13-30, "A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election..." is required. "No signature on a petition is valid if signed more than sixty days prior to the filing of the petitions," which means that the signatures must be collected within a 60-day window.
Election
According to §9-13-31, "the governing body shall, upon the presentation of a petition pursuant to §9-13-30, within ten days, order and fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body."
A special election is held in which the incumbent and any qualified candidates appear on the ballot. The winner of the election serves the remainder of the unexpired term.
Legislation involving recall elections
The table below lists bills related to recall elections in Tennessee. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
What are recalls?
Recall efforts
Ballotpedia's Recall Report
Recalls by state
Recalls by office
Recall laws
External links
Footnotes
