January 9, 1976
Senator Frances E. Lamont
and Senator Henry Poppen
State Senate
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 76-3
Cancellation of statutory election date for irrigation district election date for irrigation district elections
Dear Senators Lamont and Poppen:
You have requested on opinion from this office based upon the following facts:
Elections for Directors on the West Brown Irrigation District Board and Spink County Irrigation Board were scheduled to be held January 6, 1976, as required by SDCL 46-12-25.
The elections in West Brown District were held, but the elections for two directors' seats in Spink County were called off by the Chairman of the irrigation board and the irrigation board counsel because of weather conditions.
Based on the above factual situation, you ask:
1. Can elections which are scheduled by State law for a specific date and for which notice is given be cancelled or postponed? If so, who would have authority to take such action?
2. What" would be the procedures for rescheduling this election, and if rescheduled, will the results be valid?
SDCL 46-12-25 provides:
Each year thereafter there shall be elected for a term of three years one or more members of such board of directors, as the case may be, and every three years thereafter an assessor and treasurer, each of whose term of office shall be three years. The member of the board of directors from each division shall be nominated and elected by a majority vote of the electors of the division in the irrigation district for which he is to serve as such director. The regular election of such districts shall be held on the first Tuesday in January.
In regard to the first question you raise, it is my opinion that the provisions of SDCL 46-12-25 are mandatory and that there is no authority for the irrigation board or the chairman of the irrigation board or for anyone else, other than the Legislature, to change the date set by statute for the election.
In view of the above answer to question number one, it is not necessary to discuss the additional questions you raise.
In order to clarify the present confused situation and to protect the directors who "called off" the election, the Legislature should adopt emergency legislation to deal with the problem.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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