Governor Larry Rhoden has formally requested an advisory opinion from the South Dakota Supreme Court to clarify whether the Lieutenant Governor, while serving as President of the Senate, has the constitutional authority to cast a vote in the event of a tie.
“If a tie-breaking vote cannot be cast for final passage, it will be impossible for any such piece of legislation to pass the legislature and be presented to the Governor for signature or veto,” Rhoden wrote in his request. “An advisory opinion from the Court is the only realistic way to resolve this question. This is a matter of great public importance, and of significant impact on state government. Judicial interpretation would bring clarity and certainty to this matter going forward.”
The request comes after a tie on the final passage of Senate Bill 25 last week, when the Lieutenant Governor cast a tie-breaking vote. That action was challenged by Senator Chris Karr and sustained by the Senate, creating uncertainty about the Lt. Governor’s role in future tie votes. With one senator on extended absence due to illness, tie votes could occur more frequently in the coming weeks.
Article 5, Section 5, of the South Dakota Constitution allows the Governor to request opinions of the state Supreme Court on “important questions of law involved in the exercise of the Governor’s executive powers” and on “solemn occasions,” such as this.
Lt. Governor Tony Venhuizen said he welcomes clarification from the Court. “As President of the Senate, my priority is to preside according to the Constitution and Senate rules and precedents,” Venhuizen said. “I would welcome clarity from the Court so there is no question in the future about the constitutional rule in this area.”
By DNU Staff