46A-4-30. Election not required where no question or contest--Retention of office by incumbent.If there is no question to be submitted to the electors and if only one nominating petition for any vacancy to be filled has been filed, then no election may be held to fill the vacancy; and the secretary shall issue a certificate of election to the nominee in the same manner as to a successful candidate after election. If no nominating petition has been filed, the incumbent is entitled to remain in office for an additional term. Source: SDC 1939, §61.0805; SL 1947, ch 417, §3; SDCL §46-12-28; SL 1984, ch 294, §27; SL 1987, ch 332, §2; SL 2011, ch 165, §339.
South Dakota Legal Code