South Dakota § 9-8-2 - Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity.
Full text of South Dakota South Dakota Codified Laws § 9-8-2 — Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity., with citation guidance and answers to common questions.
§ 9-8-2. Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity.
If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by a motion supported by a majority vote of all the aldermen. The motion must be made at a meeting of the aldermen held as soon as practicable after the vacancy occurs. The individual appointed as the mayor serves until the office is filled by election for the unexpired term at the next regular election or by special election as provided in § 9-13-14.2. A special election may not be held if the vacancy in the office of the mayor occurs within the twelve months preceding the regular election for the office of the mayor. Until the vacancy is filled, the powers and duties of the mayor are executed by the mayor pro tempore, as provided in § 9-8-13.
The president of the council shall serve as the mayor pro tempore until the vacancy in the office of the mayor is filled by appointment or election. In the case of a temporary absence or temporary incapacitation of the president of the council, or a vacancy in the office of the president of the council, the vice president of the council shall serve as the mayor pro tempore until the earliest of the following occurs:
(1) The temporary absence or temporary incapacitation of the president of the council concludes;
(2) The vacancy in the office of the president of the council is filled; or
(3) The vacancy in the office of the mayor is filled by appointment or election.
A resignation by the mayor must be in writing and must specify the effective date of the resignation. A temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.
Source: SL 1890, ch 37, art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, § 1; SL 2017, ch 56, § 3; SL 2025, ch 38, § 19; SL 2026, ch 32, § 8; SL 2026, ch 33, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 9-8-2
What does South Dakota Codified Laws § 9-8-2 cover?
Section 9-8-2 ("Mayor--Vacancy--Mayor pro tempore--Resignation--Temporary absence or incapacity.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 9-8-2?
A common citation format is "South Dakota Codified Laws § 9-8-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 9-8-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.