Supreme Court Issues Advisory Opinion Concerning Lieutenant Governor’s Constitutional Authority to Cast Tie-Breaking Votes in the Senate

PRESS RELEASE
For Immediate Release: Feb. 18, 2026
Contact: Alisa Bousa, Public Information Officer, Alisa.Bousa@ujs.state.sd.us or 605.773.2031

Supreme Court Issues Advisory Opinion Concerning Lieutenant Governor’s Constitutional Authority to Cast Tie-Breaking Votes in the Senate

PIERRE, S.D.—The South Dakota Supreme Court today 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. 

Read the advisory opinion here. 

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