October 2, 1984

Mr. R. James Zieser 
Bon Homme County State's Attorney 
Post Office Box 476 
Tyndall, South Dakota 57066

OFFICIAL OPINION NO. 84-40

Combined elections

Dear Mr. Zieser:

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

FACTS: 

The Bon Homme School District, located primarily in Bon Homme County, has requested the three municipal governments located within the District boundaries to conduct the Spring 1985 election in conjunction with the School District on the regular municipal election day.  Two municipalities have agreed and a third has refused.

Based upon the foregoing facts you have asked the following question:

QUESTION: 

May the school district, pursuant to SDCL 13-7-10.1, proceed to combine the election with the two municipalities that have agreed and conduct its own election in the municipal area of the municipality that has refused on the same date even though the election in the third municipality would not be combined with the municipal election and would not be on the date originally set for school elections?

SDCL 13-7-10.1 provides: 

Any other provision of this chapter notwithstanding, the members of the governing body of a school district may choose to hold a general school district election in conjunction with a regular municipal election.  The  combined election is subject to approval by the governing body of the municipality.  The combined election shall be held on the regular date set for either the school district election or the general municipal election and all dates associated with either election pursuant to chapters 13-7 and 9-13 shall be adjusted accordingly.  Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the municipality and the school district.  All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.

Based upon the foregoing statute I am compelled to conclude that a school district is without authority to conduct a school district election within the boundaries of a municipality on any date other than the regular school district election date.  A review of the school district election procedures in SDCL CH. 13-7 reveals that school districts are authorized to conduct school elections on the third Tuesday in June.  The only exception to this date is found in SDCL 13-7-10.1.  Pursuant to that statute, in order for a school district to have the authority to conduct an election upon any day other than the third Tuesday in June, there must be agreement with the municipality involved. According to the facts you present, the Board is unable to reach such an agreement with this municipality. Accordingly, it is my opinion that the Board is without jurisdiction to conduct an election within that municipality on that  day.

The answer to your question is NO.

Respectfully submitted,

Mark V. Meierhenry
Attorney General