9-20-1. Percentage of voters required to propose ordinance or resolution. The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters […]
9-20-10. Liberal construction of referendum petition. Such petition may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law. Source: SDC 1939, §45.1012; SL 1957, ch 245, §1.
9-20-11. Date of election on referendum petition–No action taken pending election. The governing body shall, upon the presentation of a petition pursuant to §9-20-6, submit the question to the electors at the next annual municipal election or the next general election, whichever is earlier. Pending the election, the governing body may take no action with […]
9-20-11.2. Date to certify ballot language to county auditor. If a municipality submits a question to the electors at the next general election pursuant to §9-20-11, the municipality shall certify the ballot language to the county auditor by the first Tuesday in August of the year of the general election. However, the county auditor may […]
9-20-11.3. Additional election costs paid by municipality. If a municipality submits a question to the electors at the next general election pursuant to §9-20-11, the municipality shall pay the additional election cost related to the municipal question. The cost shall be agreed upon by the county auditor and the municipal finance officer. Source: SL 1995, […]
9-20-12. Publication of referred ordinance or resolution–Notice of election. The auditor or clerk shall cause the entire referred ordinance or resolution to be published once a week for two successive weeks immediately preceding the election. Such publication shall include a notice that on the day of election therein stated such ordinance or resolution will be […]
9-20-13. Ballots used in referendum election–Form and contents. The auditor or clerk shall have ballots printed for the vote upon such referred ordinance or resolution and cause the same to be distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions […]
9-20-14. General municipal election law applicable to referendum elections. The elections provided for in this chapter shall be governed by the provisions of chapter 9-13 except as to the form of the ballots otherwise specifically provided. Source: SL 1899, ch 94, §9; RPolC 1903, §§1222, 1227; SL 1913, ch 119, §§46, 51; RC 1919, §6265; […]
9-20-15. Majority vote required for approval of referred measure–Effective date. No referred ordinance or resolution so submitted shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon completion of the canvass of the election returns relating thereto. Source: SL 1899, […]
9-20-16. Preservation of referendum petitions–Open to public inspection. The auditor or clerk shall preserve all petitions invoking the referendum filed in his office for a period of at least two years, during which time such petitions shall be open to public inspection upon reasonable request. Source: SL 1899, ch 94, §7; RPolC 1903, §1220; SL […]
9-20-17. Waiting period for new action after referendum election. No referred ordinance or resolution may be again voted upon by the government of any municipality within one year from the date of the election thereon. Source: SDC Supp 1960, §45.1022 as enacted by SL 1961, ch 246.
9-20-18. Legislative finding–Actions of municipal governing boards subject to referendum. The Legislature finds that in making past grants of decision-making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, […]
9-20-19. Legislative decision of governing body subject to referendum–Administrative decision not subject to referendum. Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their […]
9-20-2. Petition proposing ordinance or resolution–Contents. A petition to propose an ordinance or resolution shall be filed with the finance officer, containing in proper form the proposed ordinance or resolution. It shall be signed by the required number of the resident registered voters of the municipality. The signer or circulator shall add the signer’s residence […]
9-20-3. Ordinance may not be initiated to nullify bond purposes. The right to initiate an ordinance shall not be applicable to ordinances proposed to nullify the purpose for which bonds have been sold by a municipality pursuant to statutory authority. Source: SL 1961, ch 247; SL 1980, ch 66, §1.
9-20-4. Presentation of initiative petition to governing body–Submission to voters. When a petition to initiate is filed with the finance officer, the finance officer shall present the petition to the governing body at its first ensuing regular or special meeting. The governing body shall submit the petition to a vote of the voters in the […]
9-20-5. Majority vote at election required for initiated ordinance or resolution–Effective date. No initiated ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon the completion of the canvass of the election returns relating thereto. Source: SL […]
9-20-5.1. Year’s waiting period required before amendment or repeal. No initiated ordinance or resolution may be amended or repealed by the governing body of a municipality until at least one year has passed from its effective date. Source: SL 1977, ch 72.
9-20-6. Time for filing referendum petition. The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the voters of the […]
9-20-7. Description in referendum petition of matter covered. If the matter intended to be covered by the referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such […]
