South Dakota Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Dakota, with full citations and the original source on every page.
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In a South Dakota road district, if I own three parcels of land in the district, do I get three votes? And can I vote absentee in road district elections?
One vote per landowner, no matter how many parcels. Absentee voting is available in formation elections, in initial trustee elections in districts with over 1,000 voters, and in referendum elections. …
After SD enacted SDCL 12-19-1.2 in 2013 requiring 46 days of absentee voting, does that 46-day rule apply to municipal (city) elections, or do the smaller 15-day and 7-day periods in SDCL 9-13-21 still control for municipal absentee voting?
The 15-day rule (and 7-day rule for runoff secondary elections) in SDCL 9-13-21 continues to control for SD municipal elections. SDCL 12-1-2 expressly says Title 12 election provisions yield to statut…
If a municipal election needed a runoff (a 'secondary' election between the top two candidates) because no candidate won a majority, could a voter who would not be in town on Election Day cast an absentee ballot in the runoff?
Yes. Secondary municipal elections in South Dakota were conducted in the same manner as the regular municipal election, and the general election laws (which already permitted absentee voting in regula…
When South Dakota voters were going to vote on whether to incorporate a new sanitary district in the 1960s, who could vote, how was the voter list built, and could ballots be cast absentee?
Only qualified electors who actually resided inside the proposed district could vote (landowners alone could not). The 'voter list' was the census taken under SDC 1960 Supp. 45.3803, not the regular v…
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Attorney general opinions in South Dakota are written by the South Dakota Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.