February 17, 1984

Mr. Al Arendt 
City Attorney 
City of Isabel 
Post Office Box 236 
Timber Lake, South Dakota 57565

OFFICIAL OPINION NO. 84-11

Election of aldermen

Dear Mr. Arendt:

You have requested an official opinion from this office based upon the following factual situation:

FACTS: 

SDCL 9-8-4 makes reference to the fact that 'The common council shall consist of . . . two aldermen elected from and by the voters of each ward of the municipality . . .'  SDCL 9-13-16 provides that 'Whenever the number of legal voters in any two or more contiguous wards shall not exceed 350 voters as determined by the last annual election, the governing body may consolidate by ordinance such two or more wards into one precinct for voting purposes.'

Based upon the above factual situation, you have asked the following question:

QUESTION: 

Can a city with an aldermanic form of government elect its aldermen at large, as opposed to electing each alderman from a ward?

SDCL 9-8-4 reads as follows: 

9-8-4.  The common council shall consist of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality, who shall hold office for two years and until their successors are elected or  qualified; except that at the first election of alderman one shall be elected for one year and one for two years.

The forms of municipal government must follow strictly the statutory requirements creating them.  It is my opinion, based on SDCL 9-8-4, that aldermen are required to be elected from each ward of the municipality, and thus are prevented by that statute from being elected from the municipality at large.

Respectfully submitted,

Mark V. Meierhenry
Attorney General