South Dakota Elected Officials

     Know your Elected Officials

General Information

    Population (2000 Census)_____754,844           

    Square Miles______77,047               

    State Capital______Pierre

Historical Background

The State of South Dakota was acquired by the United States through the Louisiana Purchase in 1803.  Nine states were eventually organized out of the Louisiana Territory.  In 1861, President James Buchanan signed the Organic Act creating the Dakota Territory.  Twenty-eight years later, in 1889, the Omnibus Bill or Enabling Act was adopted by Congress which provided for dividing the Dakota Territory into the states of North and South Dakota and enabled the two Dakotas, Montana and Washington to formulate constitutions.

The South Dakota Constitution was adopted in 1889.  The first constitutional convention seeking South Dakota statehood was held in 1883.  This was the first time the people of Dakota Territory petitioned congress for admission to the Union.  A second convention was held two years later.  In 1889, the

third convention drafted the final constitutional provisions, and on November 2 of that year President Benjamin Harrison signed the document that made South Dakota the thirty-ninth or fortieth state.  North Dakota was admitted to the Union on the same day and the President intentionally shuffled the two proclamations so it is not known which was signed first.

The South Dakota Constitution provides that the governmental powers of the state are "divided into three distinct departments, the legislative, executive, and judicial; and the powers and duties of each are prescribed by this Constitution."

Legislative Branch

The legislative article vests the legislative power, other than the initiative and referendum processes, in a bicameral body.  The number of senators may not be less than twenty-five nor more than thirty-five; the house of representatives must have between fifty and seventy-five members.  Since 1970, the Senate has had thirty-five members and the house seventy members.  The state is divided into thirty-five legislative districts, each electing two representatives and one senator. 

Sessions are held annually.  In odd-numbered years, the legislature meets for forty days and in even-numbered years for thirty-five.  All sessions commence on the second Tuesday in January.

The Governor is empowered to call special sessions of the legislature for specific purposes.  There have been eighteen such sessions since statehood. A 1990 constitutional amendment allows for a special session when two-thirds of the members of each house petition for a special session for a specific purpose.

Legislators must be qualified voters in their legislative districts, at least twenty-one years old, citizens, and residents of the state for two years immediately preceding election.  Terms are for two years.  A 1992 constitutional amendment limits members to four consecutive terms in each house.

In 1951, the South Dakota Legislature established the Legislative Research Council to provide full-time staff support to the legislature.

In 1898, South Dakota became the first state to authorize the initiative and referendum procedures for ordinary legislation.  The initiative process was extended to include constitutional amendments in 1972.  Prior to that time all constitutional

amendments originated with the legislature and were submitted to popular vote.  Initiated measures permit the voters to add to, amend or repeal existing laws; the referred law process allows the voters to approve or reject measures passed by the legislature.  However, the referendum does not apply to laws which are "necessary to the immediate preservation of the public peace, health or safety" or which are necessary for the support of state government and its existing institutions.

Petitions to initiate or refer legislation require signatures equal to five percent of the votes cast for Governor in the last general election.  Petitions to initiate a constitutional amendment require signatures equal to ten percent of the votes for Governor in the last general election.

Executive Branch

The governor is the chief executive of the state elected to a four-year term in nonpresidential election years.  The candidates for governor and lieutenant governor of each party must run as a team.  South Dakota law also permits independent candidates to file for the general election.  The governor and lieutenant governor are limited to two successive terms in office.  They must be residents of the state for at least two years, citizens of the Unites States and at least twenty-one years old.

While the only specific prescribed duty of the lieutenant governor is to preside over the state senate, the South Dakota Constitution provides that the lieutenant governor "shall perform the duties and exercise the powers that may be delegated to him by the governor."

While preceding governors have made changes in the organizational structure, legislative action has also dictated some of the organizational patterns. At the present time, the executive branch of state government that is controlled by the governor operates through the following departments and bureaus, each headed by a cabinet-level secretary or commissioner:

• Administration

• Agriculture

• Revenue and Regulation

• Corrections

• Tourism & State Development

• Education and Cultural Affairs

• Environment and Natural Resources

• Finance and Management

• Game, Fish and Parks

• Health

• Human Services

• Tribal Government Relations

• Labor

• Lottery

• Military and Veterans Affairs

• Personnel

• Social Services

• Transportation

The Board of Regents is the governing board named in the South Dakota Constitution to oversee the six state institutions of higher learning and the schools for the hearing and visually handicapped.

Judicial Branch

The present unified judicial system is the product of a 1972 constitutional amendment and the implementing legislation adopted in subsequent years.

At the top of the system is a five justice Supreme Court.  Until 1980, justices were elected for eight-year terms.  Under a constitutional amendment adopted that year, Supreme Court justices no longer file petitions to have their names on the ballot, but are instead subject to a retention election every eight years.  All vacancies on the Court are filled by gubernatorial appointment upon the recommendation of the judicial qualifications commission.  Justices represent each of five geographic Supreme Court districts, and they elect among themselves the chief justice.

The Supreme Court has limited original jurisdiction. In practice, its work is almost entirely appellate. In addition, the "Governor has the authority to require opinions upon important questions of law involved in the exercise of his executive power and upon solemn occasions."

The state is also divided into seven circuit court districts, each circuit electing a proportionate share of the thirty-eight circuit court judges which are the backbone of the system.  Judges are elected on a non-partisan basis for eight year terms.  Vacancies are filled by gubernatorial appointment upon the recommendation of the judicial qualifications commission.

The circuit court is considered the keystone of the state's trial system and has broad jurisdiction.  It has exclusive jurisdiction over the trial of felonies and appellate jurisdiction as specified by law.  In civil matters, it tries cases which are beyond the jurisdiction of the magistrate courts.  It is the only court which may grant divorces or annulments of marriage and determine the boundaries or title of real property.

Magistrate courts exist in each of the judicial circuits and function under the supervision of the presiding judge of the circuit court.  Each circuit is authorized to have at least one full-time law-trained magistrate.  Additionally, the presiding judge of each circuit is authorized to appoint lay magistrates to provide added judicial service for the counties and municipalities.  The magistrate courts have limited jurisdiction.

Constitutional Offices

South Dakota's Constitution provides for constitutional officers which are the attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands who hold their office for a term of four years.  These officials are limited to two consecutive terms.  These offices provide important functions of state government such as legal representation, official filing duties, election administration, processing of state payments, receipt of payments to the state, and administering school and public lands. These duties are separate from the legislative, executive and judicial branches.

Statutory Offices

Three public utilities commissioners are elected for six-year terms on a staggered basis. There are no term limits for public utilities commission  members.