Governor Larry Rhoden has requested (Jan. 26, 2026) 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. You can find th e Governor’s request for an advisory opinion here. “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 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.” Last week, a vote on the final passage of Senate Bill 25 resulted in a tie, leading the Lt. Governor to cast a tie-breaking vote. Senator Chris Karr challenged his action, and the Senate sustained that challenge. That entire exchange can be viewed here, beginning at 34:40. 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. “As President of the Senate, my priority is to preside according to the Constitution and Senate rules and precedents,” said Lt. Governor Tony Venhuizen. “I would welcome clarity from the Court so there is no question in the future about the constitutional rule in this area.”   ...read more read less