STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 11, 1968

Howard Geers, Executive Secretary
State Conservation Committee
Department of Agriculture
Pierre, South Dakota57501

OFFICIAL OPINION NO. 68-6

Elections: Conservation Districts; Ballots to elect conservation district supervisors must be separate from the "non-political" ballot to elect non-political judicial and educational officers

Dear Mr. Geers:

You have submitted the following question concerning the election of Conservation District Supervisors, in pursuance to SDC 1960 Supp. 4.1509(1), as last amended by Section 6 of Chapter 1 of the Session Laws of 1968. The specific question you have submitted is as follows:

"May the names of qualified candidates for Conservation District Supervisors be placed on the ballot prepared for other non-political candidates, or must such names be placed upon a separate ballot for the election of such supervisors?"

SDC 1960 Supp. 4.1509(l), as amended by Section 6 of Chapter 1 of the Session Laws of 1968, provides in part as follows:

". . . At the general election to be held in 1968 or at the first general election following the establishment of a new district, there shall be elected on a non-partisan ballot, five supervisors who shall reside within the district at large . . .

". . , The auditor shall prepare ballots substantially in the form of the non-political ballot and give notice thereof as provided by general law…"

SDC 1960 Supp. 16.1105-1, as last amended by Chapter 62 of the Session Laws of 1966, provides that the county auditors when preparing and furnishing the non-political judicial ballot and the non-political educational ballot, may print the same on one ballot, entitled "non-political ballot," with the judicial ballot first, followed by the educational ballot. The statute then provides:

“. . . provided further that in unorganized counties, the names of all candidate for membership on the highway board shall be printed on said non-political ballot under the caption, "Unorganized County Ballot."

The provisions of the law relative to the election of conservation district supervisors provides the ballot shall be "substantially in the form of the non-political ballots." It does not direct such be included on such non-political ballot. The statute authorizes the combining of the non-political judicial and educational ballot into a single ballot provides for only one addition thereto-the election of the Highway Board in unorganized counties.

In view of the statutory provisions it is my opinion that a separate ballot must be prepared for the election of Conservation District Supervisors, and such nominees for such office cannot be included within the non-political ballot provided by law.

Respectfully submitted,

Frank L. Farrar
Attorney General