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HB 1004SOUTH DAKOTASession 2026State Billdead

Did Not Advance

South Dakota Legislature establishes removal process and recall elections for county commissioners

Original title: authorize the recall of county commissioners.

Last action · January 27, 2026: Placed on calendar pursuant to JR 6F-6Sponsors: Travis Ismay and 13 others

Bill progressHistory & official text ↓

Introduced

Committee

Floor Vote

Passed

Law

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What This Bill Proposed

Eligible voters in South Dakota can remove a county commissioner from office through a recall petition and special election under a new legislative act. The process requires petitions signed by 15 percent of registered voters in the commissioner's district or 5 percent of county voters, based on the last general election. A special election must be held within 60 days of the petition being presented to the board of commissioners, unless filed within 90 days of another statewide election.

Why it matters

Establishes a statutory mechanism for residents to unseat elected county commissioners mid-term and sets rules for petition signatures, allowable removal grounds, court challenges, and replacement elections.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

county commissioners

County commissioners are subject to mid-term removal via voter petitions, recall elections, and potential replacement.

Directly affected

registered voters in South Dakota

Registered voters gain the legal authority to sign recall petitions, challenge filings, and vote in special recall elections.

Directly affected

county auditors

County auditors must review petition signatures, present valid petitions to the board of commissioners, and place candidates on the official ballot.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What percentage of signatures is needed to recall a county commissioner?

A petition must be signed by fifteen percent of the registered voters of the district the commissioner represents, or five percent of the registered voters of the county if the commissioner serves the entire county.

What are the legal grounds allowed for recalling a commissioner?

Allowable grounds are corruption, crimes in office, drunkenness, gross incompetency, gross partiality, , misconduct, , oppression, and theft.

When must a special recall election be held?

A special election must be held within sixty days after a petition is submitted to the board of commissioners, unless the petition is filed within ninety days prior to a primary, general, or statewide special election.

What else do you want to know?

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Where This Stands

This bill did not become law - Died at adjournment · on the House floor.

Procedural history

7 actions

Jan 27, 2026House
Placed on calendar pursuant to JR 6F-6
Jan 23, 2026House
Report out of committee without recommendation
Jan 23, 2026House
Recalled from committee (Rule 7-7)
Jan 22, 2026House
Deferred to the 41st legislative day
Jan 22, 2026House
Scheduled for hearing
Jan 14, 2026HouseCommittee
Referred to

Show 1 earlier action

Jan 13, 2026HouseIntroduced
First Reading House

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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