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South Dakota Governor’s Absolute Legislative Appointment Power Rare; Make it Rarer!

Last week, in light of the current spate of legislative resignations, I suggested that South Dakota should consider amending its constitution to fill legislative vacancies by special election instead of gubernatorial appointment.

The industrious Mr. Montgomery finds that my suggestion isn't so far off practice in other states. According to his research, a large majority of states keep the process of filling legislative vacancies closer to the people than South Dakota does:

  • 25 states hold special elections for every legislative opening.
  • 8 states either require the governor to pick a member of the departing lawmaker's party or require the governor to pick a replacement from a list supplied by that departing lawmaker's party.
  • 7 states assign the duty of filling legislative vacancies to county commissions.
  • Just 3 states—Nebraska, Vermont, and us—give their governors total authority to pick.

Montgomery also finds that, with five legislative vacancies in two and a third years in office, Governor Daugaard is on pace to enjoy the privilege of seeding the Legislature with more of his favorites than any previous South Dakota governor.

If legislators keep resigning at this pace, we have all the more reason to consider a constitutional amendment to select all legislators, in all circumstances, by public ballot to preserve the system of checks and balances.

5 Comments

  1. Joan 2013.05.07

    This should be a given----no governor should have the right to appoint somebody of their own party to fill a space that becomes vacant.

  2. Rick 2013.05.07

    Great opportunity to enact a sweeping reform package to return the election process and their government to the people of South Dakota. People are sick of politicians who think they own the government and can treat it and the election process like a booby prize to perpetuate their control of government. Here are some ideas worth considering:

    - Reform how districts get drawn. Take the pen out of the hands of the partisan hacks, and turn it over to a bipartisan committee made up of LRC staff, academia and one appointee each from the Democrat and Republican caucuses. Define the criteria to draw districts to prevent racial discrimination and to enhance voter participation. These are the people's districts, not the private property of the Republican or Democrat State Central Committee.

    - Require replacements in the legislature to be elected in special elections, unless the vacancies occur after the even-year session begins (in which case the vacancy would be filled in the next general election).

    - Require candidates for office to post their most recent IRS return with their candidate financial statements.

    - Eliminate term limits. This gimmick was aimed at Congress but shot a hole through the foot of every legislature who drank their own koolaid. All they accomplished was to lose their institutional memory every eight years and to strengthen the hand of the executive branch.

    - Prohibit taxes to be spent on obviously partisan organizations like ALEC.

    - Prohibit closed caucus meetings in state government buildings, especially when a plurality of the House or the Senate is meeting in a closed session.

    - Prohibit campaign fundraising events from being held in state government buildings, including the Governor Mansion.

  3. grudznick 2013.05.07

    Sorry Rick. We cannot let "staff" who were just hired to be staff and "academia" who we all know are hacks and libbies redraw legislative districts that then change the face of politicing. We elect people to our legislatures and the legislatures are the final deciders and will be doing the redrawings.

    Otherwise, why not just let you and me and some of your friends and my friends do it, but not let my good friend Bill and some of his friends? Or let us all do it. Maybe that is the answer. Everybody can vote on redistricting.

  4. Rick 2013.05.07

    So, let's just minimize our government as the spoils of war. Hmmm. Not popping on all cylinders, are we?

  5. caheidelberger Post author | 2013.05.07

    Rick, that's a spectacular omnibus reform bill. Is there any chance we could wrap all of those issues into one initiated measure (or two: one constitutional amendment where necessary, the other for the statutory stuff)? Or would that initiated measure collapse under its complexity?

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