Kuhrt v. Sully County Board of Education

To establish a superimposed school district our statutes require the affirmative favorable vote of “the majority of the electors” in the independent and common school districts affected. SDCL 13-6-50 and 13-6-51. It is impossible, in my opinion, to construe “a majority of the electors in a school district” to mean “a majority of the votes cast at a special (school) election”.

The word “elector” is a generic term which means a person qualified to vote. The word “voter” is more restrictive and means an elector who has voted. Our legislature used these terms advisedly throughout the school…