South Dakota Attorney General Reports and Opinions V. 2014

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2014 South Dakota Attorney General Reports and Opinions 1 (2014)

handle is hein.sag/sagsd0066 and id is 1 raw text is: STATE OF SOUTH DAKOTA

OFFICE OF
THE ATTORNEY GENERAL
January 8, 2014
Yvonne Taylor
Executive Director
South Dakota Municipal League
208 Island Drive
Ft. Pierre, SD 57532
OFFICIAL OPINION NO. 14-01
RE: Absentee voting period for municipal elections.
Dear Ms. Taylor:
You have requested an official opinion from this Office:
QUESTION:
Whether the forty-six day absentee voting period provided in SDCL 12-19-1.2,
or the lesser periods found in SDCL 9-13-21, applies to municipal elections.
ANSWER:
The lesser periods set forth in SDCL 9-13-21 control and require a minimum of
fifteen days for absentee voting in municipal elections with a seven day period
for secondary elections if required by municipal ordinance. Chapter 12-19
continues to otherwise govern the method and manner of conducting
absentee voting.
IN RE QUESTION:
The periods of absentee voting at issue appear in SDCL Chapter 9-13, entitled
Municipal Elections, and SDCL Chapter 12-19, entitled Absentee Voting.
Specifically, SDCL 12-19-1.2, enacted in 2013, provides in pertinent part,
Absentee voting shall begin neither earlier nor later than forty-six days prior to
the election... SDCL 9-13-21, however, provides in relevant part, The ballots
for municipal elections shall be available for absentee voting no later than