Gov. Larry Rhoden has asked the South Dakota Supreme Court for an advisory opinion on whether the state Constitution allows the Lieutenant Governor, as President of the Senate, to cast a vote in the event of a tie.
Rhoden said the issue is critical, noting that without a tie‑breaking vote, certain bills could not advance. He called a judicial opinion “the only realistic way” to ensure clarity going forward.
The question surfaced last week when a tie vote on Senate Bill 25 prompted Lt. Gov. Tony Venhuizen to cast a deciding vote. Sen. Chris Karr challenged the action, and the Senate sustained the challenge. With one senator absent due to illness, tie votes may become more frequent.
Under Article 5, Section 5 of the state Constitution, the Governor may request Supreme Court opinions on important legal questions or “solemn occasions.” Venhuizen said he welcomes a ruling to ensure future certainty on the matter.
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