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2019 Op. S.D. Att'y Gen. 1 (2019)

handle is hein.sag/sagsd0071 and id is 1 raw text is: 
STATE OF SOUTH DAKOTA


                           OFFICE OF ATTORNEY GENERAL
                                 1302 East Highway 14, Suite 1
                                 Pierre, South Dakota 57501-8501
                                    Phone (605) 773-3215
JASON R. RAVNSBORG                   Fax (605) 773-4106           CHARLES D. McGUIGAN
ATTORNEY GENERAL                     TTY (605) 773-6585         CHIEF DEPUTY ATTORNEY GENERAL
                                     http://atg.sd.gov/

     February 28, 2019



     David J. Larson
     Buffalo County State's Attorney
     P.O. Box 131
     131 S. Main Street
     Chamberlain, SD 57325

     Official Opinion No. 19-01

     Re:  Commencement of Term of Office for a Combined County Office

     Dear Mr. Larson,

     In your capacity as State's Attorney for Buffalo County you have requested an
     official opinion from the Attorney General's Office on the following question:

     QUESTION:

       1. When the offices of Auditor and Register of Deeds have been combined,
          may the person newly elected to the combined office assume the Register
          of Deeds position in January and the Auditor's position in March?

    ANSWER:

       1. By operation of SDCL 7-7-1.3, the term of office for the combined office of
          Buffalo County Auditor and Register of Deeds commences on the first
          Monday in January.

    FACTS:

    Several years ago, Buffalo County combined the offices of Auditor and Register
    of Deeds under the authority granted to them by state statute. Generally, the
    term of office for county elected positions - including the Register of Deeds -
    begins on the first Monday in January. Different from most other offices,

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