An office becomes vacant if one of the following events applies to a member of a governing body or elected officer before the expiration of the term of the office; the person:

(1) Dies;

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Terms Used In South Dakota Codified Laws 3-4-1

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Resigns;

(3) Is removed from office;

(4) Fails to qualify as provided by law;

(5) Ceases to be a resident of the state, district, county, municipality, township, ward, or precinct in which the duties of the office are to be exercised or for which elected;

(6) Is convicted of any infamous crime or of any offense involving a violation of the official oath of the office; or

(7) Has a judgment obtained against the person for a breach of an official bond.

Source: SL 1864-5, ch 12, § 2; PolC 1877, ch 22, § 2; CL 1887, § 1385; RPolC 1903, § 1802; RC 1919, § 7007; SDC 1939, § 48.0101; SL 2015, ch 22, § 1.