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Consider Special Elections for Legislative Vacancies

Last updated on 2013.10.03

We're getting what feels like a lot of churn in the Legislature, and it's not even an election year. In the last couple months, four three* legislators have chosen not to complete the terms to which their neighbors elected them last November. Jon Hansen will trade his District 25 House seat for law school, where he will study how to better oppress women and probably cash in on state lawyer welfare payments. District 16's Patty Miller is leaving the House for family reasons. And now Mark Johnston is leaving his District 12 Senate seat to take a promotion at Sanford Health.

I understand the beranklement Mr. Ehrisman expresses:

Here they go again, playing their little games. Resigning before their term is up so the governor can appoint a FAKE incumbent. This is beginning to get a little ridiculous [Scott Ehrisman, "Another SD Republican Bails Before Finishing Their [sic] Term," South Dacola, 2013.05.02].

I will grant Johnston et al. a little more leeway for their choices to abdicate. Stuff happens. Life changes. Problems and opportunities arise. You can't always do what you were sure you wanted to do a year or a month ago.

I wonder, though: do we leave the door too wide open for members of the Governor's party to leave when they know the Governor gets to replace them? The Governor's appointment doesn't automatically go to a fellow partisan (remember, Daugaard is talking to Ann Tornberg about Miller's seat!), but knowing that they can do their boss a favor by giving him a chance to do a fellow partisan a favor has to grease the decision a little. So must the knowledge that, with succession by appointment, they can resign without imposing on their neighbors the cost of an election.

But special elections are a small price to pay for accountable legislators. Outside of our two-month session, there is little urgency in appointing a replacement. Filling the seats of resigning South Dakota legislators could easily wait a few months, giving time for interested candidates to petition and campaign, for Secretary Gant to print ballots, and for local voters to pick their new poison.

We'd need a constitutional amendment to allow special elections to fill Legislative vacancies. It looks like some folks tried and failed to amend that provision in 1974 and 1976. Anyone care to try again?

*I originally counted four, thinking Rep. Jim Bolin (R-16/Canton) was resigning to run for Commissioner of School and Public Lands. As Kal Lis notes below, Rep. Jim Bolin has not announced a resignation.

10 Comments

  1. Rorschach 2013.05.03

    With a citizen legislature that meets 2 months out of a year I don't think it's necessary for special elections for those seats. It's just not that big a deal for the Governor to appoint someone to fill the remaining term.

    US senate seats on the other hand are a big deal. For a vacancy there, the Governor appoints someone until the next general election (unless the vacancy occurs within 90 days of a general election where the senate seat is not up, and then the appointee serves until the following general election). A US senate Governor's appointee can serve up to 2 years and 3 months.

    States are in charge of the procedure for replacing US senators. For US house members, there must be a special election. Governors can't appoint. 100 years ago when Senators were chosen by state legislatures, this distinction may have made sense. Now with senators and representatives all elected by the people, it makes sense that the process for replacing senators and house members should be the same.

  2. Kal Lis 2013.05.03

    I believe Bolin's announcement indicated he would not seek another term. If that's the case, he'll serve out this term that ends after the 2014 session. I don’t recall hearing anything about the Governor having to find a replacement to fill that seat.

  3. PNR 2013.05.03

    1. How often do state legislators resign mid-term?
    2. How often would a special election seriously affect the balance of power in the legislature?
    3. At what rate do appointed legislatures win subsequent elections?

    Or would special elections amount to a solution without a problem?

  4. Rick 2013.05.03

    When was the last time in South Dakota that a governor of one party picked a replacement legislator from the other party?

  5. caheidelberger Post author | 2013.05.03

    PNR, #1 is a really good question, which I didn't have time to answer over breakfast. I'd love to see a historical chart of legisaltive vacancies and appointments to know if this year's outflux is normal or exceptional. Any history buffs out there care to work up that spreadsheet?

    #2: I do not posit that special elections would produce more victories for the party not holding the Governor's seat. After all, all four of the folks stepping down are Republicans... and they came from districts that elect Republicans. Status as an appointed incumbent is gravy, but I can't calculate how thick a gravy.

    #3: Gosch and Conzet were appointed by Rounds and won re-election. Daugaard moved Juhnke to Senate and appointed Scott to House, and they both lost in 2012... although re-districting may have affected those races (I need to check).

  6. caheidelberger Post author | 2013.05.03

    Kal Lis, maybe I misheard. I thought he was part of the resignation wave. If not, I'm relieved—we could use another session of Bolin speeches to liven things up on the floor of the House. Anyone have confirmation on Bolin's status?

  7. joeboo 2013.05.03

    why not this

    offer it to the one with the next largest vote total. If they chose, go down the line, if there is no next largest or they all decline then the governor gets to appoint.

  8. caheidelberger Post author | 2013.05.04

    Joe, that's an interesting thought. That might encourage people to run and fill the ticket. I wonder... would we dare extend that line of succession to primary candidates? Consider District 31, where in 2012 four Republicans ran in the primary but no Dems. Suppose one token Dem had thrown his name in and gotten only 900 votes against GOP winners Romkema and Johns in the general. If Romkema resigned, would you pick that Dem, or would you go back to GOP primary losers Teupel and Coe, who got 1,077 and 952 votes, respectively, in the GOP primary?

  9. MC 2013.05.04

    I am not dismissing this idea outright, yet. There is some merit to what you are saying.

    The State House is supposed to be the people’s house, thus, the people should have a say who represents them when conducting their business. While the Governor’s staff can submit bills for consideration, he should remain neutral as to selecting a replacement legislator. Give the partisan nature of Pierre that is most likely not going to happen.

    Special elections are notorious for low turn-out. Unless there is an all-out campaign blitz on one or both sides not too many people will know about the election or even bother voting; Unless they are a political/news junkie.

    The other sad fact, most people have no idea who their legislators are, let alone where they stand on the issues of the day. If there too many ‘special’ elections the public might become confused as to when to vote for what position. Could you imagine people going to the polls every other week to vote to fill an office or on an issue? I know you dislike Jason Gant, but damn Cory; this would be extremely mean to him and his office.

    Our founders were pretty smart. They set the election in November and with good reason. Voting is the sword of the people. To wield such a powerful weapon requires knowledge and passion. Anyone who is willing to brave the elements is passionate enough to cast their vote. In the summer months, it’s not that big of a deal.

    Outside of the two months that the legislature is in session, the legislators don’t do too much however; they are still representatives, and they still have a duty to fulfill. I agree the Governor should not be picking the replacement for elected officials who left office. A special election could put someone totally unqualified in office. I would prefer some kind of mechanism where the people can petition the Governor to select a specific person, through the SOS for vetting, and some how make those petitions public.

  10. joeboo 2013.05.05

    they are 2 session terms, and it doesn't happen that often. That is why I say just go with the next in line. They ran the race, etc. South Dakota could go to open primaries like California and get rid of that problem.

Comments are closed.