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Attorney General Jackley Releases Official Opinion On Need for Multiple Election Ballots

FOR IMMEDIATE RELEASE: Wednesday, Dec. 3, 2025

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has issued an official opinion stating that while legislation passed by the 2025 Legislature requires counties, municipalities, and school district elections be held on the same day as primary or general statewide elections in even-numbered years, the elections do not have to be on the same ballot.

South Dakota’s Secretary of State requested the opinion based on House Bill 1130 which was passed by this year’s Legislature. The bill requires the governing bodies of municipalities, school districts, and counties to hold their elections on the same date as the regular June primary or November general election in even-numbered years.

“In my opinion, and based on the plain reading of these statutes, municipal, school district, and county elections do not have to be on the same ballot even though they must be held on the same days in either June or November,” wrote Attorney General Jackley. He said the bill’s language stated when the elections were to be held, not whether the elections should be combined or have separate ballots.

The advisory opinion can be found here:

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