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People of Sioux Falls want to vote on the Stop the Funding petition. They drove out of their way to sign it and now they want to vote.
Because so many have asked, these are the South Dakota recall requirements pertaining to municipal officials. With the mayor and 3 members of Council entrenched in their position to push ahead on the bonding, the recall idea is getting more traction. What would Mike do if he was recalled before the building is built and doesn’t get his name on the building’s bronze plaque in 2018? What about the 3 councilors, who would be the most likely recalled because they lost the confidence of the voters? Look what happened in Hartford and think about a breath of fresh air with a house cleaning? Bruce and his group said the voters were looking to make a big change if they weren’t allowed to vote on the bonding. This is being discussed around town, is it time? How big would the petition drive be for this action? How many cars would be backed up in line so the voters could sign the petition? Let see, 6,400 signers in 3 weeks for a bonding issue how long would it take a pissed off electorate to generate 17,500 signatures?
How often would we hear “Get in the car Martha, we gotta find a petition!”
9-13-29     Municipal officers subject to recall.  In any municipality, with or without a city manager, the mayor, any commissioner, any alderman, or any member of the board of trustees may be removed from office at any time by the voters qualified to vote for a successor as provided in §§ 9-13-30 to 9-13-32, inclusive.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1935, ch 158, § 9; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 1.
9-13-30     Petition for recall–Number of signatures–Grounds–Time limits–Challenge to petition. A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the finance officer and presented by the finance officer to the governing body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The petition shall contain a specific statement of the grounds on which removal is sought. The form for the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter 1-26. No signature on a petition is valid if signed more than sixty days before the filing of the petitions. When a petition to recall is filed with the finance officer, the finance officer shall present the petition to the governing body at its next meeting. Only the petition signatures may be challenged in the manner established in §§ 12-1-13 to 12-1-16, inclusive. A failure to challenge petition signatures pursuant to §§ 12-1-13 to 12-1-16, inclusive, does not prohibit an interested person from challenging the filing of the recall petition or the sufficiency of the specific statement of the grounds of the recall petition.
    A challenge to the recall petition regarding the specific statement of the grounds of the recall petition must be filed in circuit court within five business days of the filing of the recall petition. The circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.
Source: SDC 1939, § 45.1325; SL 1963, ch 280; SL 1968, ch 184; SL 1979, ch 50, § 6; SL 1983, ch 52, § 6; SL 1987, ch 67, § 13; SL 1992, ch 60, § 2; SL 1997, ch 48, § 1; SL 2009, ch 34, § 2; SL 2016, ch 49, § 1.
9-13-32     Incumbent as candidate in recall election–Other candidates–Secondary election on recall. Any mayor, commissioner, alderman, or trustee sought to be removed may be a candidate to succeed himself or herself and, unless the incumbent requests otherwise in writing, the auditor shall place the incumbent’s name on the official ballot without nomination. The auditor shall also place on the official ballot the name of any other candidate nominated as provided in this chapter. If no other candidate is nominated for the position, no recall election may be held, and the incumbent shall remain in office.
  Any secondary election required shall be conducted as provided by this chapter.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 3.
9-13-34     Removal of incumbent from office by election of another at recall–Qualification of successor. If some person other than the incumbent is elected, the incumbent shall be deemed removed from office upon or at the expiration of the time for qualification of his successor. The successor shall qualify within ten days after receiving notification of his election, and in case of his failure to qualify, the office shall be deemed vacant.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280.
This is what a petition would look like;Â Petition-Recall
Stop the Funding co-chair Bruce Danielson was on Rick Knobe’s ViewPoint University on August 26, 2016 talking what’s next updates. Rick and Bruce had a great discussion of what’s next in the process of going to the public vote or not.
Will the mayor make our vote illegal or not, this is the question the voters of Sioux Falls get to ponder.
Listen to Rick afternoons on ViewPoint University, am 1140, KSOO radio 4 to 5pm.