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SD HB1315

Bill

Status

Introduced

2/4/2026

Primary Sponsor

Travis Ismay

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Establishes a recall process for elected officials and individuals appointed to fill vacant offices in South Dakota, requiring a petition signed by 15% of registered voters in the relevant jurisdiction (based on the last general election), with signatures valid only if obtained within 60 days of filing
  • Recall petitions must allege specific grounds for removal: crime or misdemeanor in office, drunkenness, gross incompetency, malfeasance, or misconduct
  • Exempts officers subject to impeachment under the South Dakota Constitution (Art. XVI, § 3) from the recall process
  • Requires a special recall election within 60 days of petition filing, where the targeted official is automatically placed on the ballot unless they decline in writing; if no other candidate is nominated, no election is held and the official remains in office
  • Allows any interested person to challenge the petition's filing or sufficiency of grounds in circuit court within 5 business days, with an expedited declaratory judgment hearing and no jury trial; a successful challenge cancels the special election

Legislative Description

Authorize the recall of certain elected officials or individuals appointed to fill vacancies in certain offices.

Public Officers and Employees

Last Action

Local Government Deferred to the 41st legislative day, Passed, YEAS 9, NAYS 2. H.J. 9

2/12/2026

Committee Referrals

Local Government2/6/2026

Full Bill Text

No bill text available