South Dakota § 13-16-6.4 - Installment purchase, lease-purchase, or capital outlay certificates--Referendum petition--Election date--Notice--Ballots--Supermajority vote--Second vote.

§ 13-16-6.4. Installment purchase, lease-purchase, or capital outlay certificates--Referendum petition--Election date--Notice--Ballots--Supermajority vote--Second vote.

Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval to enter into the agreement or issue capital outlay certificates placed upon the ballot at a special election called for that purpose and held on:

(1)    The first Tuesday after the first Monday in March;

(2)    The first Tuesday after the first Monday in June; or

(3)    The first Tuesday after the first Monday in November.

If the bond election is held on a date listed in subdivision (2) or (3) in an even-numbered year, the election must be held in conjunction with the regular primary or general election, respectively. When the election is held in conjunction with the primary or general election, the expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the board of the school district and the boards of county commissioners involved.

The business manager shall give notice that the question is to be on the ballot at the regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title. Approval of the question to enter into an agreement or issue capital outlay certificates requires an affirmative vote of at least sixty percent of those voting on the question.

If the question submitted to the voters at an election is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next available election provided by this section.

Source: SL 1973, ch 91, § 2; SDCL, § 13-16-6.3; SL 1978, ch 109, § 4; SL 1986, ch 124, § 6; SL 1987, ch 67, § 11; SL 1989, ch 146, § 6; SL 2000, ch 75, § 7; SL 2025, ch 79, § 1.