April 4, 1975
Vern W. Butler, Secretary
Department of Natural Resource Development
Office Building Number 2
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-57
Board of Directors-Oahe Conservancy Subdistrict
Dear Mr. Butler:
You have asked whether the Board of Directors of the Oahe Conservancy Subdistrict can require fifty signatures on nominating petitions when SDCL 46-18-16 requires only twenty-five signatures.
SDCL 46-18-16 provides:
Except the directors who are elected at the time of the establishment of the subdistrict, directors shall take office on the first day of January of the year following their election. Vacancies, which may occur on the subdistrict board of directors, shall be filled by elective action of the remaining directors from among candidates proposed by nominating petitions signed by at least twenty-five landowners in the director area for which the vacancy exists.
The previous statutory requirement of fifty signatures was replaced by the present twenty-five signature minimum by section 2 of chapter 242 of the 1972 session laws.
The subdistrict's bylaws require a minimum of fifty signatures. This provision apparently did not keep up with the 1972 statutory change. There is no provision in the law for bylaws setting a greater number of signatures than the statutory minimum; therefore, it is my opinion that the statute must govern and that any petition, which is signed by twenty-five or more landowners in the director area for which the vacancy exists, should be considered to be a valid nomination.
You have also asked whether a candidate for director must be a resident of the director area which he is elected to represent. Specifically, may a person residing in a municipality who owns rural property qualify as a rural director? SDCL 46-18-13 provides in part:
Each candidate for director shall be an owner of real property in the director area he is to represent if elected.
It is clear that the candidate need not be a resident of the director area. The only requirement is that he own property in the director area. Therefore, it is my opinion that a person residing in a municipality who owns rural property in the director area may qualify as a rural director.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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