Beginning January 1, 2026, school district elections in South Dakota will operate under updated laws as a result of the 2025 legislative session and HB 1130. Under SDCL § 13‑7‑10, districts must hold their annual election the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. In 2026, these dates are June 2, 2026 or November 3, 2026. This means if you were a district that held annual elections in April you must change your date starting in 2026. Any district selecting a June election should calendar notice deadlines for publication as they are fast approaching in December. The Secretary of State recently released the school election calendar timeline here.
For a June 2026 election, the vacancy‐notice period requires publication of vacancies no later than December 15–30, 2025 (six months before). Additionally, the January board meeting is the deadline for districts to establish an election date. Beyond scheduling and notices, districts must also ensure proper training and oversight of the election process for each election. Under § 12‑15‑7 (which applies to schools because of § 12-1-1) the school business manager is required to convene the precinct superintendents at a convenient time and place prior to each election to instruct them on election laws and duties. The training materials from the Office of the Secretary of State reinforce that the person in charge of the election should conduct training with assistance of the school’s legal counsel. As you prepare to enter election season, coordinate with your school attorney what that election training may look like - either in person or via Zoom. (We are also considering an on demand option so please reach out if there is interest in such a training.)
If you have any questions as you review the new laws regarding elections or need a school board resolution to set your election date, please do not hesitate to contact us at ksb@ksbschoollaw.com.