South Dakota State Legislature

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South Dakota State Legislature

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General information
Type:   State legislature
Term limits:   4 terms (8 years) in Senate, same for House
Session start:   January 9, 2024
Website:   Official Legislature Page
Leadership
Senate President:   Larry Rhoden (R)
House Speaker:  Hugh Bartels (R)
Majority Leader:   Senate: Casey Crabtree (R)
House: Will Mortenson (R)
Minority Leader:   Senate: Reynold Nesiba (D)
House: Oren Lesmeister (D)
Structure
Members:  35 (Senate), 70 (House)
Length of term:   2 years (Senate), 2 years (House)
Authority:   Art III, Sec 1, South Dakota Constitution
Salary:   $14,778.60/year + per diem
Elections
Last election:  November 8, 2022
Next election:  November 5, 2024
Redistricting:  South Dakota Legislature has control

The South Dakota State Legislature is the legislative branch of the government of South Dakota. It is a bicameral legislative body, consisting of the Senate which has 35 members, and the House of Representatives, which has 70 members. The two houses are similar in most respects; the Senate alone holds the right to confirm gubernatorial appointments to certain offices. In addition, the Senate votes by roll call vote, whereas the larger house uses an electronic voting system.

South Dakota has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

See also: South Dakota House of Representatives, South Dakota State Senate, South Dakota Governor

Elections

2024

See also: South Dakota State Senate elections, 2024 and South Dakota House of Representatives elections, 2024

Elections for the South Dakota State Senate will take place in 2024. The general election is on November 5, 2024. A primary is June 4, 2024. The filing deadline is March 26, 2024.

Elections for the South Dakota House of Representatives will take place in 2024. The general election is on November 5, 2024. A primary is June 4, 2024. The filing deadline is March 26, 2024.

2022

See also: South Dakota State Senate elections, 2022 and South Dakota House of Representatives elections, 2022

Elections for the South Dakota State Senate took place in 2022. The general election was on November 8, 2022. A primary was scheduled for June 7, 2022. The filing deadline was March 29, 2022.

Elections for the South Dakota House of Representatives took place in 2022. The general election was on November 8, 2022. A primary was scheduled for June 7, 2022. The filing deadline was March 29, 2022.

2020

See also: South Dakota State Senate elections, 2020 and South Dakota House of Representatives elections, 2020

Elections for the office of South Dakota State Senate took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020, and a primary runoff was scheduled for August 11, 2020. The filing deadline was March 31, 2020.

Elections for the office of South Dakota House of Representatives took place in 2020. The general election was held on November 3, 2020. A primary was scheduled for June 2, 2020, and a primary runoff was scheduled for August 11, 2020. The filing deadline was March 31, 2020.

2018

See also: South Dakota State Senate elections, 2018 and South Dakota House of Representatives elections, 2018

Elections for the South Dakota State Senate took place in 2018. The primary election took place on June 5, 2018. The Democratic primary was a hybrid primary and the Republican primary was a closed primary. The general election was held on November 6, 2018. The candidate filing deadline was March 27, 2018.[1]

Elections for the South Dakota House of Representatives took place in 2018. The primary election took place on June 5, 2018. The Democratic primary was a hybrid primary and the Republican primary was a closed primary. The general election was held on November 6, 2018. The candidate filing deadline was March 27, 2018.[2]

2016

See also: South Dakota State Senate elections, 2016 and South Dakota House of Representatives elections, 2016

Elections for the South Dakota State Senate took place in 2016. The primary election was held on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 29, 2016.

Elections for the South Dakota House of Representatives took place in 2016. The primary election was held on June 7, 2016, and the general election was held on November 8, 2016. The candidate filing deadline was March 29, 2016.

2014

See also: South Dakota State Senate elections, 2014 and South Dakota House of Representatives elections, 2014

The general elections for the office of South Dakota State Senate took place on November 4, 2014. A primary election took place on June 3, 2014. The signature filing deadline for candidates wishing to run in this election was March 25, 2014.

Elections for the South Dakota House of Representatives took place in 2014. A primary election took place on June 3, 2014. The general election took place on November 4, 2014. The signature filing deadline for candidates wishing to run in this election was March 25, 2014.

2012

See also: South Dakota State Senate elections, 2012 and South Dakota House of Representatives elections, 2012

Elections for the office of South Dakota State Senate took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 27, 2012.

Elections for the office of South Dakota House of Representatives took place in 2012. The primary election was held on June 5, 2012, and the general election was held on November 6, 2012. The candidate filing deadline was March 27, 2012.

2010

See also: South Dakota State Senate elections, 2010 and South Dakota House of Representatives elections, 2010

Elections for the office of South Dakota State Senate took place in 2010. The primary election was held on June 8, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was March 30, 2010.

Elections for the office of South Dakota House of Representatives took place in 2010. The primary election was held on June 8, 2010, and the general election was held on November 2, 2010. The candidate filing deadline was March 30, 2010.

Sessions

Article III of the South Dakota Constitution establishes when the Legislature is to be in session. Section 7 of Article III states that the Legislature is to meet in regular session each year on the second Tuesday of January.

The South Dakota Constitution also contains provisions concerning special sessions of the Legislature. Section 3 of Article IV allows the Governor of South Dakota to convene a special session of the Legislature. Additionally, Section 31 of Article III allows for a special session to be convened by the presiding officers of both legislative houses upon the written request of two-thirds of the members of each house.

2024

See also: 2024 South Dakota legislative session and Dates of 2024 state legislative sessions

In 2024, the legislature is scheduled to convene on January 9, 2024, and adjourn on March 25, 2024.

2023

See also: 2023 South Dakota legislative session and Dates of 2023 state legislative sessions

In 2023, the legislature was scheduled to convene on January 10, 2023, and adjourn on March 27, 2023.


Role in state budget

See also: South Dakota state budget and finances
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The state operates on an annual budget cycle. The sequence of key events in the budget process is as follows:[8]

  1. Budget instructions are sent to state agencies between June and July of the year preceding the start of the new fiscal year.
  2. State agencies submit their budget requests to the governor by August 31.
  3. Agency hearings are held in September.
  4. The governor submits his or her proposed budget to the state legislature in December.
  5. The legislature typically adopts a budget in March or April. A simple majority is required to pass a budget. The fiscal year begins July 1.


South Dakota is one of 43 states in which the governor has line item veto authority.[8]

The governor is constitutionally required to submit a balanced budget proposal. Likewise, the legislature is required to pass a balanced budget.[8]


Senate

The South Dakota State Senate is the upper house of the South Dakota State Legislature. It is made up of 35 members, one representing each legislative district. The President of the Senate is the Lieutenant Governor, and the current President of the Senate is Matthew Michels (R). The president only votes in the case of a tie.

As of the 2020 Census, South Dakota state senators represented an average of 25,365 residents. After the 2010 Census, each member represented 23,422 residents.

The senate elects one member to serve as President pro tempore; this officer presides in the absence of the president, appoints committees and assigns legislation to committee. The current President pro tem is Senator Gary Cammack (R).

Party As of January 2024
     Democratic Party 4
     Republican Party 30
     Other 0
     Vacancies 1
Total 35

Click here for a list of members of this chamber.

Republicans won control of the South Dakota State Senate in 1994. In 2022, they won a 31-4 majority.

The table below shows the partisan history of the South Dakota Senate following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

South Dakota State Senate election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 20 16 13 13 12 10 10 15 14 5 7 8 6 5 3 4
Republicans 15 19 22 22 23 25 25 20 20 30 28 27 29 30 32 31

House of Representatives

The South Dakota House of Representatives is the lower house of the South Dakota State Legislature. It is made up of 70 members, two from each legislative district.[9] The presiding officer of the House is the Speaker of the House, elected by the members. The current speaker is Spencer Gosch (R). In addition, the House also elects a speaker pro tempore, who presides in the absence of the speaker and traditionally succeeds the speaker in the next legislature. The current speaker pro tempore is Jon Hansen (R).

As of the 2020 Census, South Dakota state representatives represented an average of 12,682 residents. After the 2010 Census, each member represented 11,711 residents.

Party As of January 2024
     Democratic Party 7
     Republican Party 62
     Other 0
     Vacancies 1
Total 70

Click here for a list of members of this chamber.

Republicans won control of the South Dakota House of Representatives in 1974. In 2022, they won a 63-7 majority.

The table below shows the partisan history of the South Dakota House following every general election from 1992 to 2022. All data from 2006 or earlier comes from Michael Dubin's Party Affiliations in the State Legislatures (McFarland Press, 2007). Data after 2006 was compiled by Ballotpedia staff.

South Dakota House of Representatives election results: 1992-2022

Year '92 '94 '96 '98 '00 '02 '04 '06 '08 '10 '12 '14 '16 '18 '20 '22
Democrats 29 24 23 18 20 21 19 20 24 19 17 12 10 11 8 7
Republicans 41 45 47 52 50 49 51 50 46 50 53 58 60 59 62 63

District maps

State Senate


State House


Veto overrides

Veto Override Graphic-Republican Party.png

See also: Veto overrides in state legislatures

State legislatures can override governors' vetoes. Depending on the state, this can be done during the regular legislative session, in a special session following the adjournment of the regular session, or during the next legislative session. The rules for legislative overrides of gubernatorial vetoes in South Dakota are listed below.

How many legislators are required to vote for an override? Two-thirds of members in both chambers.

Two-thirds of members in both chambers must vote to override a veto, which is 47 of the 70 members in the South Dakota House of Representatives and 24 of the 35 members in the South Dakota State Senate. South Dakota is one of 36 states that requires a two-thirds vote from both of its legislative chambers to override a veto.

Authority: Article IV, Section 4 of the South Dakota Constitution.

"Whenever the Legislature is in session, any bill presented to the Governor for signature shall become law when the Governor signs the bill or fails to veto the bill within five days, not including Saturdays, Sundays, or holidays, of presentation. A vetoed bill shall be returned by the Governor to the Legislature together with the Governor's objections within five days, not including Saturdays, Sundays, or holidays, of presentation if the Legislature is in session or upon the reconvening of the Legislature from a recess. Any vetoed bill shall be reconsidered by the Legislature and, if two-thirds of all members of each house shall pass the bill, it shall become law."

Redistricting

See also: Redistricting in South Dakota

South Dakota is home to a single at-large congressional district; as such, congressional redistricting is not necessary. State legislative districts are drawn by the state legislature. A simple majority vote in each chamber is required to pass a redistricting plan, which is subject to veto by the governor.[10]

The South Dakota Constitution mandates that state legislative districts be contiguous and compact. State statutes "ask that districts protect communities of interest and respect geographical and political boundaries." Because these latter requirements are statutory, they can be modified by the state legislature at its discretion.[10]

2020

See also: Redistricting in South Dakota after the 2020 census

South Dakota enacted new state legislative districts after the legislature approved a compromise between two competing proposals. Both chambers voted to approve the final proposal, known as the Sparrow map, on November 10, 2021. The House approved the new districts in a 37-31 vote and the Senate by a vote of 30-2. Gov. Kristi Noem (R) signed the proposal into law later that night.[11]

Both chambers approved their own versions of the final map on the first day of the special legislative session, which began on November 8, 2021. The House passed its Grouse 2.0 plan by a vote of 48-20, and the Senate approved its plan, known as the Blackbird 2.0 map, in a 20-15 vote. The two proposals mainly differed in their approach to Native American reservations and the rural areas around Rapid City, and the Sparrow addressed both preserving Native American districts and reconfiguring the districts covering Rapid City.[11] These maps took effect for South Dakota's 2022 legislative elections.


2010

See also: Redistricting in South Dakota after the 2010 census

Following the 2010 United States Census, South Dakota did not add a congressional seat. As a result, congressional redistricting was unnecessary. At the time of redistricting, Republicans controlled both chambers of the state legislature. On October 24, 2001, the state legislature approved a new state legislative district map. On October 25, 2011, the governor signed the plan into law.[10]

History

Partisan balance 1992-2013

Who Runs the States Project
See also: Ballotpedia:Who Runs the States and Ballotpedia:Who Runs the States, South Dakota
Partisan breakdown of the South Dakota legislature from 1992-2013

South Dakota State Senate: From 1992-2013, the Democratic Party was the majority in the South Dakota State Senate for two years while the Republicans were the majority for 20 years. The South Dakota State Senate is one of 13 state senates that was Republican for more than 80 percent of the years between 1992-2013. South Dakota was under Republican trifectas for the final 19 years of the study.

Across the country, there were 541 Democratic and 517 Republican state senates from 1992 to 2013.

South Dakota State House of Representatives: During every year from 1992-2013, the Republican Party was the majority in the South Dakota State House of Representatives. The South Dakota House of Representatives is one of nine state Houses that was Republican for more than 80 percent of the years between 1992-2013. South Dakota was under Republican trifectas for the final 19 years of the study.

Across the country, there were 577 Democratic and 483 Republican State Houses of Representatives from 1992 to 2013.

Over the course of the 22-year study, state governments became increasingly more partisan. At the outset of the study period (1992), 18 of the 49 states with partisan legislatures had single-party trifectas and 31 states had divided governments. In 2013, only 13 states had divided governments, while single-party trifectas held sway in 36 states, the most in the 22 years studied.

The chart below shows the partisan composition of the Office of the Governor of South Dakota, the South Dakota State Senate and the South Dakota House of Representatives from 1992 to 2013.

Partisan composition of South Dakota state government(1992-2013).PNG

SQLI and partisanship

To read the full report on the State Quality of Life Index (SQLI) in PDF form, click here.

The chart below depicts the partisanship of the South Dakota state government and the state's SQLI ranking for the years studied. For the SQLI, the states were ranked from 1-50, with 1 being the best and 50 the worst. For all but two years of the study, South Dakota had Republican trifectas. For over half the years of the study South Dakota was ranked in the top-10. Its best ranking, finishing 5th, occurred in 2010, and its worst, finishing 14th, occurred in 2000.

Chart displaying the partisanship of the South Dakota government from 1992-2013 and the State Quality of Life Index (SQLI).

Legislators

Salaries

See also: Comparison of state legislative salaries
State legislative salaries, 2023
SalaryPer diem
$14,778.60/year$157/day for legislators who reside more than 50 miles away from the capitol

Pension

South Dakota does not provide pensions for legislators.[12]

When sworn in

See also: When state legislators assume office after a general election

Legislators assume office the second Tuesday in January after the general election.[13]

Joint legislative committees

The South Dakota State Legislature has two joint standing committees:

Constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the South Dakota Constitution can be amended:

See also: Article XXIII of the South Dakota Constitution and Laws governing ballot measures in South Dakota

Amendments to the South Dakota Constitution may be proposed in three different ways—through a citizen-initiated process, a legislative process, or a state constitutional convention.

Initiative

See also: Initiated constitutional amendment

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. There are 18 states that allow citizens to initiate constitutional amendments.

In South Dakota, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

Legislature

See also: Legislatively referred constitutional amendment

A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 2 of Article 23 of the South Dakota Constitution, the South Dakota State Legislature can call a state constitutional convention through a 75% vote in each legislative chamber. Citizens can initiate a constitutional convention question using the same procedures as an initiated constitutional amendment.



2025 measures:

See also: 2025 ballot measures

Certified:

The following measures have been certified for the ballot.

No measures to list


Potential:

The following measures have made it through one chamber—or one session for two session states—and may appear on the ballot in 2025.

No measures to list

2024 measures:

Below is a list of measures that were referred to the 2024 ballot by the legislature or that have made it approximately halfway through the process in the legislature for referral to the ballot in 2024.

See also: South Dakota 2024 ballot measures

Certified:

The following measures have been certified for the ballot.
South Dakota Gender-Neutral Constitutional Language AmendmentDemocratsRepublicans
Senate:Required: 18Yes votes: 35 (100%)No votes: 0 (0%)Yes: 4; No: 0Yes: 31; No: 0
House:Required: 36Yes votes: 58 (82.8%)No votes: 12 (17.1%)Yes: 7; No: 0Yes: 51; No: 12


Potential:

The following measures have made it through one chamber—or one session for two session states—and may appear on the ballot in 2024.
South Dakota Medicaid Work Requirement AmendmentDemocratsRepublicans
Senate:Required: Yes votes: (%)No votes: (%)Yes: ; No: Yes: ; No:
House:Required: 36Yes votes: 60 (85.7%)No votes: 8 (11.4%)Yes: 0; No: 7Yes: 60; No: 1
South Dakota Lieutenant Governor and Presiding Officers of the Senate and House of Representatives AmendmentDemocratsRepublicans
Senate:Required: 18Yes votes: 25 (71.4%)No votes: 9 (25.7%)Yes: 3; No: 0Yes: 22; No: 9
House:Required: 36Yes votes: 27 (38.5%)No votes: 43 (61.4%)Yes: 7; No: 0Yes: 20; No: 43

See also

Elections South Dakota State Government State Legislatures State Politics
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External links

Footnotes