June 11, 1984

Honorable Tim Johnson 
State Senator 
Post Office Box 272 
Vermillion, South Dakota 57069

OFFICIAL OPINION NO. 84-24

Legislature office and school district board membership held by same individual

Dear Senator Johnson:

You have requested my opinion on the following questions:

QUESTIONS: 

1.  May a person elected to the State Legislature continue to serve as a member of a school board? 

2.  May such person secure re-election for another term on a school board while serving in the State Legislature?

In Official Opinion 82-23 I opined to Secretary of State Alice Kundert that the positions of elected county commissioner and state legislator were incompatible.  Based upon the rationale presented in that opinion my answer to your question is NO.  Therefore, election to the state legislature of an elected school board member would require the individual to resign one of the two positions.

Respectfully submitted,

Mark V. Meierhenry
Attorney General