13-49-4. Filling of vacancies--Failure of senate to confirm--New appointee named.
If a vacancy occurs as provided in §3-4-1, the Governor shall fill the vacancy by appointment, and the appointee shall serve for the balance of the unexpired term. However, if the Senate, at the next legislative session, fails to confirm the appointee, the appointee shall only serve until the last day of March. Then a new appointee shall be named by the Governor. The subsequent appointee is subject to the same conditions as set forth in this section.
Source: SDC 1939, §15.0702; SL 1975, ch 128, §327; SL 2007, ch 109, §4.