Bill > HB1004

This bill establishes a process for recalling county commissioners in South Dakota by allowing voters to remove an elected commissioner through a special election. To initiate a recall, petitioners must gather signatures from either 15% of registered voters in the commissioner's district or 5% of registered voters countywide, based on the total number of registered voters from the last general election. The petition must include the signer's residence, date of signing, and specific allegations of misconduct, which can include grounds such as corruption, crimes in office, drunkenness, gross incompetency, malfeasance, or theft. If a valid petition is filed, a special election must be held within 60 days, during which the targeted commissioner can remain on the ballot unless they request otherwise. The commissioner can be a candidate in the recall election, and the candidate receiving the highest number of votes will be elected. The bill also provides mechanisms for challenging petition signatures and the grounds for recall through an expedited circuit court process. If a successor is elected, the original commissioner is removed from office, and the new commissioner serves the remainder of the unexpired term.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/26722