Gov. Rhoden Thanks Supreme Court for Prompt and Thoughtful Opinion

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FOR IMMEDIATE RELEASE

February 18, 2026

Contact: Josie Harms

Gov. Rhoden Thanks Supreme Court for Prompt and Thoughtful Opinion

PIERRE, S.D. - Today, Governor Larry Rhoden thanked the Supreme Court of South Dakota for its prompt and thoughtful advisory opinion on whether the South Dakota Constitution grants the Lieutenant Governor the authority to cast a vote in the event of a tie.

"We answer the question submitted by the Governor in the affirmative - the South Dakota Constitution empowers the Lieutenant Governor, while serving as President of the Senate, to cast a tie-breaking vote in the Senate on any matter," wrote the unanimous Supreme Court of South Dakota. The full opinion can be found here.

"As elected officials, we have a solemn duty to respect and uphold the Constitution," said Governor Larry Rhoden. "Thank you to the Supreme Court for providing a quick and diligent constitutional interpretation on this important matter. This opinion brings clarity to the process going forward."

Governor Rhoden previouslyrequested this advisory opinion, following a Senate ruling that raised questions on the constitutionality of a tie-breaking vote.

"As President of the Senate, my priority is to apply the rules fairly," said Lt. Governor Tony Venhuizen. "I thank Senator Karr for raising this issue, and I thank the Court for quickly answering to bring clarity to this question."

The Supreme Court unanimously concluded that the two Constitutional provisions at issue can be harmonized and reasoned:

"Implicit in the text of Article III, § 18 is the general principle that only members of the Senate may ordinarily vote on the passage of a law. Although the Lieutenant Governor is not an elected member of the Senate, Article IV, § 5 directs that the Lieutenant Governor shall be the President of the Senate and explicitly authorizes the Lieutenant Governor to vote when necessary to break a tie. Article IV, § 5 and Article III, § 18 do not stand in conflict. Instead, the two provisions complement one another.

"Article III, § 18 describes what is required before a law may be passed-'assent of a majority of all members elected to each house of the Legislature.' Article IV, § 5 is more specific and expressly addresses a discrete situation in which a majority vote in the Senate is not obtained due to a tie. Article IV, § 5 resolves this impasse by allowing the Lieutenant Governor to cast a vote, thereby providing a method by which a majority can be obtained. Construing the text of the two relevant constitutional provisions together, we conclude that the Lieutenant Governor may cast a tie-breaking vote on the final passage of a bill. This interpretation gives both provisions effect and meaning."

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