If the mayor or a commissioner resigns, the resignation must be submitted in writing to the board of commissioners and must specify the effective date of the resignation. If the mayor or a commissioner moves to a permanent residence outside the corporate limits of the municipality, the office is immediately vacated. If there is a vacancy in the office of mayor, the vacancy must be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in § 9-13-14.2. A vacancy on the board must be filled as provided in § 9-13-14.1 or 9-13-14.2. A temporary absence or temporary incapacitation of the mayor is not considered a vacancy in the office of the mayor.

Source: SL 1913, ch 119 , § 16; RC 1919, § 6223; SDC 1939, § 45.0804; SL 1968, ch 181 ; SL 1979, ch 50 , § 4; SL 1992, ch 60 , § 2; SL 2005, ch 48 , § 3; SL 2018, ch 49 , § 5; SL 2025, ch 38 , § 30.