Filling of vacancy on municipal governing body--Appointment or special election.

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9-13-14.1. Filling of vacancy on municipal governing body--Appointment or special election.

If a vacancy exists on a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special election for the remainder of the unexpired term as provided in §9-13-14.2. In the aldermanic form of municipal government, the appointment shall be a person from the same ward of the municipality. If electing a person to fill the remainder of the unexpired term at an annual municipal election, the vacancy shall have occurred prior to the publication required by §9-13-6.

Source: PolC 1877, ch 24, §18; CL 1887, §1039; SL 1890, ch 37, art IV, §§6, 7; RPolC 1903, §§1203, 1204, 1434; RC 1919, §§6198, 6210; SL 1931, ch 200, §2; SDC 1939, §§45.0603, 45.0704; SDCL §§9-7-4, 9-8-6; SL 1979, ch 50, §2; SL 1992, ch 60, §2; SL 2005, ch 48, §5; SL 2006, ch 28, §1; SL 2010, ch 74, §5.


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