If there is a vacancy from any cause in the office of the mayor, the vacancy must be filled by a motion supported by a majority vote of all the aldermen. The motion must be made at a meeting of the aldermen held as soon as practicable after the vacancy occurs. The individual appointed as the mayor serves until the office is filled by election for the unexpired term at the next regular election or by special election as provided in § 9-13-14.2. A special election may not be held if the vacancy in the office of the mayor occurs within the twelve months preceding the regular election for the office of the mayor. Until the vacancy is filled, the powers and duties of the mayor are executed by the mayor pro tempore, as provided in § 9-8-13. The president of the council shall serve as the mayor pro tempore until the vacancy in the office of the mayor is filled by appointment or election. In the case of a temporary absence or temporary incapacitation of the president of the council, or a vacancy in the office of the president of the council, the vice president of the council shall serve as the mayor pro tempore until the earliest of the following occurs:

1. (1) The temporary absence or temporary incapacitation of the president of the council concludes;
2. (2) The vacancy in the office of the president of the council is filled; or
3. (3) The vacancy in the office of the mayor is filled by appointment or election. A resignation by the mayor must be in writing and must specify the effective date of the resignation. A temporary absence or temporary incapacitation of the mayor is not a vacancy in the office of the mayor.

Source: SL 1890, ch 37 , art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89 ; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267 ; SL 1981, ch 64 ; SL 2005, ch 48 , § 1; SL 2017, ch 56 , § 3; SL 2025, ch 38 , § 19; SL 2026, ch 32 , § 8; SL 2026, ch 33 , § 1.