Concerning South Dakota road districts- if a person resigns from the board, I know the position is to be filled by appointment by the remaining trustees, but can there be an ‘election’ ? Road districts are supposed to have their annual trustee election the first Tuesday in May. If somebody resigns in January, is there accepted procedure to have an election early?
In South Dakota, there is no statutory procedure to hold an early or “special” election to fill a vacancy in a road district trustee position.
Under South Dakota Codified Law (SDCL) 31-12A, the process for handling a resignation in January is as follows:
1. The Appointment Process
When a trustee resigns, the remaining board members are tasked with appointing a successor.
- Term of Appointment: Unless a different law specifies otherwise, an appointee generally serves until the next annual election and until a successor is elected and qualified.
- January Resignation: Because the resignation occurred in January, the remaining trustees can appoint someone immediately to ensure the board maintains a quorum and can continue its business (like road maintenance contracts) through the winter and early spring.
2. The “Early Election” Question
You cannot legally hold a special election in February or March just to fill that specific seat.
- Annual Election Date: By law, road district elections are fixed to the first Tuesday in May.
- The May Ballot: If a vacancy occurs before the filing deadline for the May election, that seat will simply be added to the regular May ballot. Candidates would run to fill the “unexpired term” of the person who resigned.
- Candidate Filing: To appear on that May ballot, a candidate must file a certificate of nomination with the district clerk not less than 15 days before the election.
3. Why an “Early” Election isn’t used
Road districts are governed by strict notice requirements.
- Notice of Vacancy: The secretary-treasurer must publish a notice in a legal newspaper or post it publicly, stating the time and place of the election and the candidate names for each vacancy to be filled.
- Consistency: Because road district elections are often held in conjunction with a meeting of eligible voters according to township meeting laws (Chapter 8-3), they follow a set annual schedule to ensure all landowners have proper notice to attend.
In short: The board should appoint someone now to fill the seat temporarily. That person (or anyone else) will then have to run for the seat in the regularly scheduled election on Tuesday, May 5, 2026.
Follow Up Question- If a road district did go ahead and have an ‘early’ election, could the results be challenged? By whom and what is the process?
If a road district ignores statutory requirements and holds an “early” election to fill a vacancy, the results could absolutely be challenged. Because South Dakota law explicitly mandates that road district elections occur on the first Tuesday in May (SDCL 31-12A-16), any election held outside that window is technically unauthorized and legally voidable.
Who Can Challenge the Election?
Under South Dakota law, “interested persons” or “eligible voters” typically have standing to challenge local election procedures. This includes:
- Eligible Voters of the District: Any landowner within the road district has a direct interest in the lawful governance of the board.
- Aggrieved Candidates: Anyone who would have run for the seat had the election been held at the proper legal time.
- The County Auditor: Since the results of road district elections must be filed with the county auditor, the auditor has the authority to refuse to certify or recognize results that do not follow state law.
The Process for a Challenge
The process for challenging an unauthorized election generally moves through the following stages:
- Administrative Objection: An interested person can file a formal objection or sworn affidavit with the person in charge of the election (the district secretary or county auditor) stating that the election date violated SDCL 31-12A-16.
- Circuit Court Action (Writ of Quo Warranto): The most common legal path is to petition the Circuit Court for a writ. This essentially asks the court to require the “newly elected” official to prove by what authority they hold the office. If the election was held on an illegal date, the court can declare the election null and void.
- Refusal to Recognize: Landowners could legally challenge the board’s authority to levy assessments or sign contracts if the board is comprised of improperly “elected” members. This often forces the board to revert to the proper appointment process until the May election.
Why Boards Avoid Early Elections
If an early election is successfully challenged:
- Personal Liability: Board members who authorized an illegal election could potentially be held personally liable for the costs of that election.
- Invalidated Board Actions: Every vote cast by the “illegal” trustee (including those for road taxes or spending) could be called into question, creating a legal and financial nightmare for the district.
The safest legal path is for the remaining trustees to appoint a replacement now to serve until the May 5, 2026 election. This avoids the risk of a lawsuit that could paralyze the district’s ability to maintain its roads.