9-13-30 Petition for recall--Number of signatures--Grounds--Time limits.
Petition for recall--Number of signatures--Grounds--Time limits.
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, demanding the election of a successor to the
mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the auditor and
presented by the auditor to the governing body. The allowable grounds for removal are misconduct,
malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft,
oppression, or gross partiality. The petition shall contain a specific statement of the grounds on
which removal is sought. The form for the municipal recall petition shall be prescribed by the state
Board of Elections pursuant to chapter 1-26. No signature on a petition is valid if signed more than
sixty days prior to the filing of the petitions.
Source: SDC 1939, § 45.1325; SL 1963, ch 280; SL 1968, ch 184; SL 1979, ch 50, § 6; SL 1983,
ch 52, § 6; SL 1987, ch 67, § 13; SL 1992, ch 60, § 2; SL 1997, ch 48, § 1; SL 2009, ch 34, § 2.