March 1, 1982

Ms. Alice Kundert 
Secretary of State 
State Capitol 
Pierre, South Dakota 57501

Official Opinion No. 82-14

Residency Requirements for Candidates for County Sheriff

Dear Ms. Kundert:

You have requested an official opinion from this office in regard to the following question:

QUESTION: 

Must a candidate for county sheriff be a resident of the county in which he is running for office?

In my opinion, SDCL 3-4-1(5) requires that a sheriff be a resident of the county for which he is sheriff during the term of his office.  Moreover, SDCL 3-1-2 requires that a county officer be a county resident of the county in which he serves by the first Monday of January succeeding his election or 20 days thereafter. Finally, pursuant to SDCL 12-6-5, a candidate's declaration of candidacy states that the candidate 'will be' a qualified public official when he takes office.

Therefore, it is my opinion that a candidate need not be a resident of the county while he runs for sheriff or even on election day.  He must be a resident by the first Monday in January succeeding his election or when he takes the oath of office, per § 3-1-2.

Respectfully submitted,

Mark V. Meierhenry
Attorney General