South Dakota § 9-9-8 - Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor.
Full text of South Dakota South Dakota Codified Laws § 9-9-8 — Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor., with citation guidance and answers to common questions.
§ 9-9-8. Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor.
If the mayor is unable to perform the duties of office because of a temporary absence or temporary incapacitation, the board must, by a majority vote of all the commissioners, appoint one of its members to act as mayor until the temporary absence or temporary incapacitation ends.
The appointed commissioner's official designation is mayor pro tempore. The mayor pro tempore is invested with all the powers and shall perform all the duties of the mayor during the mayor's temporary absence or temporary incapacitation. The temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.
If the office of the mayor is vacated, the board of commissioners must, by a majority vote of all commissioners, appoint one of its commissioners as acting mayor. The acting mayor is invested with all the powers and shall perform all the duties of the mayor, until the vacancy 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.
A commissioner serving as acting mayor or mayor pro tempore has only one vote as a commissioner and is not entitled to vote as acting mayor.
Source: SL 1913, ch 119, § 21; RC 1919, § 6227; SDC 1939, § 45.0808; SL 1968, ch 182, § 1; SL 2018, ch 49, § 6; SL 2025, ch 38, § 31; SL 2026, ch 32, § 12.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 9-9-8
What does South Dakota Codified Laws § 9-9-8 cover?
Section 9-9-8 ("Mayor--Temporary absence or incapacity--Mayor pro tempore--Office vacated--Acting mayor.") 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 § 9-9-8?
A common citation format is "South Dakota Codified Laws § 9-9-8" (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 § 9-9-8 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.