Headline: Gatekeeping the Ballot: Why Your Road District Board Can’t Legally Block a Landowner from Running for Office
In South Dakota, the path to serving your community on a road district board is defined by state law—not by the personal feelings of the current trustees.
However, as we enter the 2026 election cycle, we are seeing some boards attempt to use “Good Standing” clauses in their bylaws as a filter to keep critics off the ballot. They may allow you to vote, but they claim you cannot take office if you have challenged their unauthorized fees or secret meetings.
This is a direct violation of South Dakota Codified Law.
The Landowner Standard
According to SDCL 31-12A-1.1, the qualifications to serve as a Trustee in a district with fewer than 100 voters are clear and singular: You must be a landowner who owns real property within the district.
The State Legislature did not grant road boards the power to judge a candidate’s “character” or their “history of harm to operations.” Why? Because in a democracy, the voters are the ones who judge a candidate’s character at the ballot box. By adding these extra requirements, the board is attempting to seize the voters’ power for themselves.
An Illegal “Loyalty Oath”
When a board says you must have “no history of actions intended to cause harm” to run for office, they are creating an illegal loyalty oath. Under this logic, any resident who reports the board to the Department of Legislative Audit or files an Open Meetings complaint could be deemed “harmful” and disqualified.
This creates a “Closed Loop” where the only people allowed to run for office are those who promise never to question the people already in power.
The Preemption Rule
South Dakota legal principles are clear: a local government subdivision cannot add restrictions to a state statute. If SDCL 31-12A-1.1 says being a landowner makes you eligible to serve, a local bylaw cannot say you aren’t. Any bylaw that attempts to disqualify a landowner from the ballot is Ultra Vires—it is void and has no legal standing.
The 2026 Call to Action
If you own land in the district, you have the statutory right to run for Trustee. Do not let a “Good Standing” clause intimidate you into staying off the ballot. The board does not choose who runs; the law does. And the law says if you own the dirt, you have the right to lead.