35-3-8. Petition for election on local option--Number of legal voters required--Filing.
Fifteen percent of the legal voters residing in a municipality may petition for a special election to determine any question subject to local option pursuant to §35-3-7. If a municipality has a mayor, the number of legal voters is the total number voting in the last preceding election of a mayor, and in other municipalities the number of legal voters is the total number voting in the last preceding regular municipal or township election. The petition shall set forth the question the petitioners submitted, and shall be filed with the city finance officer or township clerk.
Source: SDC 1939, §5.0233; SL 2018, ch 213, §41.