South Dakota § 9-8-4 - Common council--Composition--Election and terms of aldermen--Vacancy--Resignation.

Full text of South Dakota South Dakota Codified Laws § 9-8-4 — Common council--Composition--Election and terms of aldermen--Vacancy--Resignation., with citation guidance and answers to common questions.

§ 9-8-4. Common council--Composition--Election and terms of aldermen--Vacancy--Resignation.

The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office for each alderman is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years.

Except as otherwise provided in § 9-8-2, 9-13-14.1, or 9-13-14.2, the mayor and aldermen hold office until their successors are elected and qualified. If the municipality adopts an ordinance establishing the term of office to be three, four, or five years, the council shall, by ordinance, stagger the initial terms of the alderman in each ward prior to the first election of aldermen, so that the aldermen from the same ward are not up for reelection at the same election. An individual may hold the office of alderman for more than one term. A vacancy in the office of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2.

A resignation by an alderman must be in writing and must specify the effective date of the resignation.

Source: SDC 1939, § 45.0703; SL 1998, ch 44, § 1; SL 2005, ch 48, § 2; SL 2017, ch 56, § 5; SL 2025, ch 38, § 21; SL 2026, ch 32, § 9.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 9-8-4

What does South Dakota Codified Laws § 9-8-4 cover?

Section 9-8-4 ("Common council--Composition--Election and terms of aldermen--Vacancy--Resignation.") 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 § 9-8-4?

A common citation format is "South Dakota Codified Laws § 9-8-4" (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 § 9-8-4 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.