STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
June 24, 1968
E.F. Wilkinson
State’s Attorney, Kingsbury County
DeSmet, South Dakota 57231
OFFICIAL OPINION NO. 67-68 pg. 495
Elections. Notice required of openings for Board of Supervisors of Natural Resources Conservation Districts.
You have submitted the following factual situation relative to the Natural Resources Conservation Districts Supervisory Boards created by Chapter 1, 1968 Session Laws:
"At the general election to be held in 1968, or at the first general election following establishment of a new district, there shall be elected on a nonpartisan ballot, five supervisors who shall reside within the district to be elected at large."
"Nominating petitions shall be filed on or before July first of the year in which the general election is to be held, with the County Auditor of the county, or where more than one county is within the territorial limits of the district, with the Secretary of State.
"The last portion of Section 6, subparagraph (1) states that the Commission is authorized to make any regulations reasonably necessary to carry out the intentions of Chapter I of the 1968 Session Laws. It has been suggested that the Local Conservation District, which comprises only in one county in our instance, namely Kingsbury, post in three conspicuous public places and file an Affidavit of Posting, if they see fit and the Commission so resolves, that they could give a legal notice in the paper as well. However, they are with limited funds and, of course, if the local papers are requested to make a news item out of this solely, there is always the possibility that the Courts would not classify this as a formal notice of vacancy. For that reason, I have encouraged posting in three public places with Affidavit of Posting maintained within the District Office."
The question you have submitted is:
"What type of notice is to be given, advising the public of the five supervisors to be elected; must this be in a legal form, published in the County newspapers (where there are more than one in 
all), mere posting in three public places or just what was the requirement which the Legislature intended as to such notice?"
I assume the notice you are writing about is a notice of the position to be filled, as the notice required for the general election is spelled out in SDC 16.09.
I am unable to find any requirement in the general election laws or in the act creating these positions which would require notice to be given of the vacancies in these non-political offices.
It is my opinion that it would not be illegal for the Conservation District to give notice of the openings of the positions, however it is not required by law.
