Today, Governor Larry Rhoden requested an advisory opinion of the Supreme Court of South Dakota, asking whether the South Dakota Constitution grants the Lieutenant Governor, while serving as the President of the Senate, the 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. An advisory opinion from the Court is the only realistic way to resolve this question,” wrote Governor Larry Rhoden. “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.”
With a Senator on extended absence due to illness, a tie vote could occur regularly in the coming weeks.
According to Article 5, Section 5, of the South Dakota Constitution, the Governor may request opinions of the state Supreme Court upon:
- Important questions of law involved in the exercise of the Governor’s executive powers; and
- Solemn occasions, such as this.
