SIOUX FALLS, S.D. (KELO) — Hyde County Sheriff Mike Volek was the first responding officer on the scene the night that South Dakota Attorney General Jason Ravnsborg struck and killed Joe Boever on September 12, 2020.

Volek and his actions that night were central components in the investigation into Ravnsborg, from his failure to find Boever’s body in the ditch that night despite the presence of a still lit flashlight visible on the shoulder that he told investigators he did not examine, to loaning his personal vehicle to Ravnsborg to drive home that night after the crash.

Volek died at age 69 in November 2021, leaving a void at the position of Hyde County Sheriff, since filled by Deputy Sheriff Nathen Brady.

Brady was appointed sheriff following Volek’s death by the county commission, but he will be up for election for the position in November 2022. But what exactly qualifies a person to be elected sheriff?

KELOLAND News reached out to the South Dakota Sheriff’s Association, who compiled a list of the relevant state statutes pertaining to sheriff eligibility.

SDCL 23-3-43
SDCL 23-3-43 requires that any candidate running for sheriff must be able to meet the standards to apply and be accepted by the S.D. Law Enforcement Training Academy, and must successfully complete the education and training program required by the Academy. This training must be completed within 12 months of being elected or appointed sheriff.

SDCL 23-3-41
SDCL 23-3-41 allows for a sheriff or other officer to perform their duties in a probationary capacity for up to 12-months prior to completing their S.D. Law Enforcement Training.

SDCL 23-3-42 and 23-3-42.1
SDCL 23-3-42 and 23-3-42.1 describe the qualifications for all law enforcement applying to the S.D. Law Enforcement Training Academy. The second statute requires a minimum of four hours of domestic violence training during their certification training.

SDCL 23-3-43.1
SDCL 23-3-43.1 requires the candidate file with the county auditor along with their petitions, a “certification of qualification” issued by the SD Law Enforcement Officers Standards and Training Commission. Failure to do so will result in the candidate’s name not being placed on the ballot.