PIERRE, S.D.(Press Release) —The South Dakota Supreme Court Wednesday issued an advisory opinion in the matter of the interpretation of the South Dakota Constitution and state law regarding the Lieutenant Governor’s power to vote on final passage of legislation in the case of a tie while serving as President of the Senate.
On Jan. 26, 2026, Gov. Larry Rhoden asked the Supreme Court for an advisory opinion on a question concerning the Lieutenant Governor’s constitutional authority to cast a tie-breaking vote on final passage of a bill or joint resolution while serving as President of the Senate. The Supreme Court issued an order directing the Governor and Senate Leadership to submit briefs to assist the Court in proving a response.
“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,” said the Supreme Court in the advisory opinion.
Governor Rhoden thanked the South Dakota Supreme Court for their response saying:
“As elected officials, we have a solemn duty to respect and uphold the Constitution. 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.”
Lt. Governor Tony Venhuisen said this:
“As President of the Senate, my priority is to apply the rules fairly. I thank Senator Karr for raising this issue, and I thank the Court for quickly answering to bring clarity to this question.”
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