Ustad, 091521 SDAGO, AGO 21-02

• Case Date: September 15, 2021
• Court: South Dakota

Milton Ustad AGO 21-02 Official Opinion No. 21-02 State of South Dakota Office of Attorney General September 15, 2021           JASON R. RAVNSBORG           ATTORNEY GENERAL           CHARLES D. McGUIGAN           CHIEF DEPUTY ATTORNEY GENERAL          Chair, Union County Commission 209 East Main, Suite 200 Elk Point, SD 57025          Re: Potential Division of Jefferson Township in Union County          Dear Chairman Ustad,          In your capacity as Chair of the Union County Board of Commissioners you have requested an official opinion from the Attorney General's Office on the following questions:          QUESTIONS:

1. Whether, pursuant to SDCL 8-1-8(3), a petition to divide one township into two townships requires signatures from a majority of registered voters of 1) the proposed new township, or 2) from the original to-be-divided township?

2. Pursuant to SDCL 8-1-8(3), who should be considered a "resident" of a township for purposes of ascertaining a majority of the registered voters?

         ANSWERS:

1. A petition to divide a township into two townships requires signatures only from a majority of residents living in the affected portion of the original to-be-divided township.

2. "Voting residency," for purposes of ascertaining a majority of the registered voters that reside in a township, is defined by the provisions of SDCL 12-1-4.

         FACTS:          Jefferson Township is an organized civil township located within Union County, South Dakota. Residents of Jefferson Township have expressed their desire to divide the township to create a new township to be named Wynstone Township. In reviewing the potential division, the question has arisen whether, pursuant to SDCL 8-1-8(3), a petition to divide Jefferson Township must contain the signatures of a majority of registered voter residing in Jefferson Township, or whether the petition must contain only the signatures of a majority of those registered voters residing within the anticipated new Wynstone Township? Additionally, a question has been submitted with regards to the definition of a "resident" for purposes of reaching a majority of registered voters...