If a candidate is to be elected at large in a first-class or second-class municipality, a nominating petition must be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less. If the candidate is to be elected for a ward of a first-class or second-class municipality that has more than one ward, a nominating petition must be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less. If a candidate is to be elected at large in a third-class municipality, the nominating petition must be signed by not less than three registered voters of the municipality. If the candidate is to be elected for a ward of a third-class municipality having more than one ward, the nominating petition must be signed by not less than three registered voters of the ward. A registered voter in a municipality of the third class may sign more than one petition. A nominating petition may not be circulated more than four months before the election.

Source: SL 1913, ch 119 , § 106; SL 1915, ch 115 , § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49 ; SL 1978, ch 60 , § 2; SL 1980, ch 64 , § 1; SL 1981, ch 67 ; SL 1983, ch 52 , § 4; SL 1986, ch 67 , § 5; SL 1987, ch 76 , § 1; SL 1988, ch 63 , § 7; SL 1992, ch 60 , § 2; SL 2004, ch 75 , § 4; SL 2017, ch 57 , § 1; SL 2025, ch 40 , § 7, eff. Jan. 1, 2026.