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2022 Op. S.D. Att'y Gen. 1 (2022)

handle is hein.sag/sagsd0074 and id is 1 raw text is: JASON R. RAVNSBORG
ATTORNEY GENERAL

STATE OF SOUTH DAKOTA
OFFICE OF ATTORNEY GENERAL
1302 East Highway 14, Suite 1
Pierre, South Dakota 57501-8501
Phone (605) 773-3215
Fax (605) 773-4106
http://atg.sd.gov/

CHARLES D. McGUIGAN
CHIEF DEPUTY ATTORNEY GENERAL

May 4, 2022
Hon. Janet Brekke
Councilmember, City of Sioux Falls
235 W. 10th Street
P.O Box 7402
Sioux Falls, SD 57117
OFFICIAL OPINION No. 22-01
Re: Adoption of Ranked Choice or Approval Voting by Home-Rule-Chartered
Municipality
Dear Councilmember Brekke,
In your capacity as a member of the Sioux Falls City Council you have
requested an official opinion from the Attorney General's Office on the following
question:
QUESTION:
May a home-rule-chartered municipality adopt ranked choice voting or
approval voting for municipal elections?
ANSWERS:
A home-rule-chartered municipality may adopt approval voting for
municipal elections. However, ranked choice voting is determined to
conflict with state law and may not be adopted by home-rule-chartered
municipalities.

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