State capitol building in Pierre

The structure of the government of South Dakota is based on that of the federal government, with three branches of government: executive, legislative, and judicial. The structure of the state government is laid out in the Constitution of South Dakota, the highest law in the state. The constitution may be amended either by a majority vote of both houses of the legislature, or by voter initiative.[1]

Executive branch

The governor of South Dakota heads the executive branch of the state government.[2] The state constitution gives the governor the power to either sign into law or veto bills passed by the state legislature, to serve as commander-in-chief of the state's armed forces, to appoint a cabinet, and to commute criminal sentences or to pardon those convicted of crimes.[3][4] The governor serves for a four-year term, and may not serve more than two consecutive terms.[5]

The current governor is Kristi Noem, a Republican from Watertown. The lieutenant governor is Larry Rhoden (R), the attorney general is Marty J. Jackley (R), the commissioner of school and public lands is Brock Greenfield (R), the secretary of state is Monae Johnson (R), the state auditor is Rich Sattgast (R), and the treasurer is Josh Haeder (R).

Legislature

Map showing the 35 legislative districts of South Dakota from 2008. Every district elects one senator and two representatives to the state legislature.

The state legislature is made up of two bodies, the Senate, which has 35 members, and the House of Representatives, with 70 members. South Dakota is divided into 35 legislative districts,[6] with voters electing two representatives and one senator per district.[6] The legislature meets for an annual session which begins on the second Tuesday in January and lasts for 40 days.[7] it also meets if a special session is called by the governor.[6] The Republican Party currently holds majorities in both houses of the South Dakota Legislature. Currently, the Senate consists of 30 Republicans and 5 Democrats,[8] while the House of Representatives is made up of 59 Republicans, 11 Democrats [9] State law currently limits legislators to a maximum of four consecutive terms in the same house of the Legislature.[7][10]

Judicial branch

The judicial branch is made up of several levels. The state supreme court, with four justices and a chief justice, is the highest court in the state.[11] Below the supreme court are the circuit courts; 41 circuit judges serve in seven judicial circuits in the state.[11] Below the circuit courts are the magistrate courts, which deal with more minor criminal and civil actions.[11]

Federal representation

South Dakota is represented at the federal level by Senator Mike Rounds, Senator John Thune, and Representative Dusty Johnson. All the federal representatives are Republicans, this hasn't been the case since 1961. South Dakota is one of seven states with only one seat in the US House of Representatives.[12]

South Dakota is part of the United States District Court for the District of South Dakota in the federal judiciary. The district's cases are appealed to the St-Louis-based United States Court of Appeals for the Eighth Circuit.

Native government

Native Americans' governments are significantly independent of the state and its local governments. For example, federal law forbids states and local authorities to tax Indian lands.[13]

Politics

United States presidential election results for South Dakota[14]
Year Republican Democratic Third party
No. %No. %No. %
2020 261,043 61.77% 150,471 35.61% 11,095 2.63%
2016 227,731 61.53% 117,466 31.74% 24,914 6.73%
2012 210,610 57.89% 145,039 39.87% 8,166 2.24%
2008 203,054 53.16% 170,924 44.75% 7,997 2.09%
2004 232,584 59.91% 149,244 38.44% 6,387 1.65%
2000 190,700 60.30% 118,804 37.56% 6,765 2.14%
1996 150,543 46.49% 139,333 43.03% 33,950 10.48%
1992 136,718 40.66% 124,888 37.14% 74,648 22.20%
1988 165,415 52.85% 145,560 46.51% 2,016 0.64%
1984 200,267 63.00% 116,113 36.53% 1,487 0.47%
1980 198,343 60.53% 103,855 31.69% 25,505 7.78%
1976 151,505 50.39% 147,068 48.91% 2,105 0.70%
1972 166,476 54.15% 139,945 45.52% 994 0.32%
1968 149,841 53.27% 118,023 41.96% 13,400 4.76%
1964 130,108 44.39% 163,010 55.61% 0 0.00%
1960 178,417 58.21% 128,070 41.79% 0 0.00%
1956 171,569 58.39% 122,288 41.61% 0 0.00%
1952 203,857 69.27% 90,426 30.73% 0 0.00%
1948 129,651 51.84% 117,653 47.04% 2,801 1.12%
1944 135,365 58.33% 96,711 41.67% 0 0.00%
1940 177,065 57.41% 131,362 42.59% 0 0.00%
1936 125,977 42.49% 160,137 54.02% 10,338 3.49%
1932 99,212 34.40% 183,515 63.62% 5,711 1.98%
1928 157,603 60.18% 102,660 39.20% 1,602 0.61%
1924 101,299 49.69% 27,214 13.35% 75,355 36.96%
1920 110,692 60.74% 35,938 19.72% 35,611 19.54%
1916 64,217 49.80% 59,191 45.91% 5,534 4.29%
1912 0 0.00% 48,942 42.07% 67,383 57.93%
1908 67,536 58.84% 40,266 35.08% 6,973 6.08%
1904 72,083 71.09% 21,969 21.67% 7,343 7.24%
1900 54,530 56.73% 39,544 41.14% 2,050 2.13%
1896 41,042 49.48% 41,225 49.70% 683 0.82%
1892 34,888 49.48% 9,081 12.88% 26,544 37.64%

South Dakota politics are generally dominated by the Republican Party, and the state has not supported a Democratic presidential candidate since 1964—especially notable when one considers that George McGovern, the Democratic nominee in 1972, was from South Dakota.[15][16] Since statehood, it has only voted Democratic four times, in 1896, 1932, 1936, and 1964, as well as for the Progressive candidate in 1912.

There are only five reliably Democratic counties in the state—most of them with primarily Native American populations. Republicans have won the last 13 gubernatorial elections and have controlled the legislature, with one brief interruption, for over thirty years. Democrats, however, have been successful in winning election to Congress from South Dakota, including former Senators Tom Daschle, who served as Majority Leader, James Abourezk, George McGovern, and Tim Johnson; and former Representative Stephanie Herseth Sandlin.

While President Bush received a lower vote percentage in 2004 than he did in 2000, he still received a very strong 60% of the popular vote. Part of the deviation had to do with record turnout driven by the intense Senate campaigns that year. As of 2016, Republicans hold a 15% voter registration advantage over Democrats[17] and hold large majorities in both the state House of Representatives[18] and Senate.[19] Additionally, all but one of the statewide elected officers are Republicans.

In the more than a quarter century between 1979 and 2005, two politicians, one a Republican and one a Democrat, dominated South Dakota politics. Republican Governor Bill Janklow served four terms as governor from 1979 to 1987 and then from 1995 to 2003 followed by a brief partial term as a United States Representative from 2003 to 2004. Janklow's career was ended by a motor vehicle manslaughter conviction causing his resignation from Congress. Democrat Tom Daschle was also a dominant figure in South Dakota politics, serving in Congress, 1979–2005. He first served eight years in the United States House of Representatives and then eighteen years in the United States Senate after his senate election in 1986. Over a period of ten years, he served both as minority leader and majority leader in the Senate. In 2004, he lost his Senate seat to a Republican, former United States Representative John Thune, who narrowly defeated Daschle by a 51%-49% margin. Daschle became the first Senate party leader in 52 years to lose re-election to his own Senate seat.

South Dakota has a history of voting out powerful members of the Senate who seek fourth terms. Former Commerce Committee Chairman Larry Pressler lost to Congressman Tim Johnson in 1996, and 1972 Democratic presidential nominee George McGovern was defeated by Congressman James Abdnor in 1980. Abdnor was, in turn, defeated by Daschle in 1986.

Political geography

Map showing the counties of South Dakota

The Missouri River, bisects the state. The area east of the Missouri River (or "East River"), is generally more moderate, with views that are more in line with those found in its Midwestern neighbors, Iowa and Minnesota. "West River" is more conservative, with views that are generally more in line with those found in its western neighbors, Montana and Wyoming. Large exceptions exist to the East River-West River political generalizations, however. The strongest Democratic counties in the state are West River. These counties are located within Indian Reservations. The strongest Republican counties are located East River. These counties were primarily settled by Protestant Germans from Russia, and be they Mennonite, Lutheran, Baptist or Reformed, they vote overwhelmingly Republican. A large part of the western half of East River responds politically in the same fashion as West River. Many observers think that the James River Valley really is the political dividing line between East River political thought and West River political thought.

Recent elections

2006 election

In the 2006 midterm elections, little change occurred in South Dakota in statewide elections. The Republicans defeated the sole Democrat state officeholder previously elected statewide, but lost another statewide elected office to the Democrats. Otherwise, all federal and state officeholders were comfortably re-elected. The Democrats made a significant gain in the state senate, narrowing the Republican margin from 25–10 to 20–15, costing the Republican legislative leadership its two-thirds majority in both houses of the legislature.

By referendum, the electorate rejected an abortion ban approved by the state legislature. 56% of the electorate voted to overturn the law, generally considered a direct challenge to Roe v. Wade. Additionally, the electorate rejected a proposed law permitting the use of marijuana for medical purposes, and narrowly approved a state constitutional amendment banning same-sex marriage. The prevailing side received a 52%–48% margin in both cases.

2008 election

Senator Tim Johnson defeated state Sen. Joel Dykstra on November 4, 2008. Congresswoman Stephanie Herseth Sandlin defeated Rapid City businessman Chris Lien.

2010 election

In 2010, Republican Dennis Daugaard defeated Democrat Scott Heidepriem for governor,[20] and Republican Kristi Noem defeated incumbent Congresswoman Stephanie Herseth Sandlin for South Dakota's at-large seat in the US House of Representatives.[21] Republican John Thune won a second term as US senator, running unopposed in 2010.

2012 election

In 2012, Noem retained her seat with 57% of the vote and the state voted for Republican nominee Mitt Romney over Democratic President Barack Obama by a margin of 18%.[22]

2014 election

Republican Dennis Daugaard won re-election with 70.47% over Susan Wismer with 25.43%. Mike Rounds won his campaign over Rick Weiland.[23]

Issues

As of 2005, South Dakota has the lowest per capita total state tax rate in the United States.[24] The state does not levy personal or corporate income taxes,[25] inheritance taxes,[26] or taxes on intangible personal property. The state sales tax rate is 4.5 percent.[27] Various localities have local levies so in some areas the rate is 6 percent. The state sales tax does not apply to sales to Indians on Indian reservations, but many reservations have a compact with the state. Businesses on the reservation collect the tax and the state refunds to the Indian Tribes the percentage of sales tax collections relating to the ratio of Indian population to total population in the county or area affected. Ad valorem property taxes are local taxes and are a large source of funding for school systems, counties, municipalities and other local government units. The South Dakota Special Tax Division regulates some taxes including cigarette and alcohol-related taxes.[28]

U.S. senators

Seat 1
SenatorTook officeLeft officeParty
Mike Rounds2015presentRepublican
Tim Johnson19972015Democrat
Larry Pressler19791997Republican
James Abourezk19731979Democrat
Karl E. Mundt19481973Republican
Vera C. Bushfield19481948Republican
Harlan J. Bushfield19431948Republican
William J. Bulow19311943Democrat
William H. McMaster19251931Republican
Thomas Sterling19131925Republican
Robert J. Gamble19011913Republican
Richard F. Pettigrew18891901Republican
Seat 2
SenatorTook officeLeft officeParty
John Thune2005presentRepublican
Tom Daschle19872005Democrat
James Abdnor19811987Republican
George McGovern19631981Democrat
Joseph H. Bottum19621963Republican
Francis H. Case19511962Republican
J. Chandler Gurney19391951Republican
Gladys Pyle19381939Republican
Herbert E. Hitchcock19361938Democrat
Peter Norbeck19211936Republican
Edwin S. Johnson19151921Democrat
Coe I. Crawford19091915Republican
Alfred B. Kittredge19011909Republican
James H. Kyle18911901Populist
Gideon C. Moody18891891Republican

References

  1. ↑ "Article XXIII, Section 1, Constitution of South Dakota". South Dakota Legislature. Archived from the original on December 7, 2015. Retrieved December 3, 2015.
  2. ↑ "Article IV, Section 1, Constitution of South Dakota". South Dakota Legislature. Archived from the original on December 7, 2015. Retrieved December 3, 2015.
  3. ↑ "Article IV, Section 4, Constitution of South Dakota". South Dakota Legislature. Archived from the original on December 7, 2015. Retrieved December 3, 2015.
  4. ↑ "Article IV, Section 3, Constitution of South Dakota". South Dakota Legislature. Retrieved December 3, 2015.
  5. ↑ "Article IV, Section 2, Constitution of South Dakota". South Dakota Legislature. Archived from the original on December 7, 2015. Retrieved December 3, 2015.
  6. 1 2 3 "The South Dakota Legislature: An Overview" (PDF). State of South Dakota. Archived from the original (PDF) on March 4, 2016. Retrieved December 3, 2014.
  7. 1 2 "SDLRC - Constitution 3-6". legis.sd.gov.
  8. ↑ "Error". legis.sd.gov.
  9. ↑ "Error". legis.sd.gov.
  10. ↑ staff, David Montgomery, Journal. "South Dakota's term limit laws under question". rapidcityjournal.com.{{cite web}}: CS1 maint: multiple names: authors list (link)
  11. 1 2 3 "UJS Structure". South Dakota Unified Judicial System. Retrieved December 3, 2015.
  12. ↑ "Member Information". Office of the Clerk - United States House of Representatives. Archived from the original on 2009-05-28. Retrieved 2009-04-05.
  13. ↑ ONEIDA TRIBE OF INDIANS OF WIS. V. VILL. OF HOBART, 732 F.3d 837 (7th Cir. 2013) ("Because federal law forbids states and local authorities to tax Indian lands, the tribe can't be forced to pay the assessment decreed by the challenged ordinance if the assessment is a tax.").
  14. ↑ Leip, David. "Presidential General Election Results Comparison – South Dakota". US Election Atlas. Retrieved January 4, 2023.
  15. ↑ "Presidential General Election Graph Comparison - South Dakota". www.uselectionatlas.org. Retrieved 2007-11-14.
  16. ↑ "McGOVERN, George Stanley, (1922-)". Biographical Directory of the United States Congress. Retrieved 2007-11-14.
  17. ↑ "Voter Registration Tracking". South Dakota Secretary of State. Retrieved February 3, 2016.
  18. ↑ "Official Listing - South Dakota Representatives - 2016". State of South Dakota. Archived from the original on February 3, 2016. Retrieved February 3, 2016.
  19. ↑ "Official Listing - South Dakota Senators - 2016". State of South Dakota. Archived from the original on February 3, 2016. Retrieved February 3, 2016.
  20. ↑ "South Dakota's Governor-elect Thanks Voters". KELO-TV. Archived from the original on 2010-11-07. Retrieved 2010-11-03.
  21. ↑ "Western SD Delivers Votes for U.S. Rep-Elect Noem". KELO-TV. Archived from the original on 2010-11-07. Retrieved 2010-11-03.
  22. ↑ "Statewide Results". South Dakota Secretary of State. Retrieved December 7, 2012.
  23. ↑ "Election Resources: South Dakota Secretary of State, Shantel Krebs". electionresults.sd.gov.
  24. ↑ "States Ranked by Total State Taxes and Per Capita Amount: 2005". U.S. Census Bureau. Archived from the original on April 9, 2007. Retrieved April 4, 2007.
  25. ↑ "South Dakota". The Tax Foundation. Retrieved January 31, 2010.
  26. ↑ "Inheritance/Estate Tax". South Dakota Department of Revenue & Regulation. Retrieved January 27, 2008.
  27. ↑ "2016 State Sales and Use Tax Increase". South Dakota Department of Revenue. Retrieved December 4, 2016.
  28. ↑ South Dakota Department of Revenue & Regulation. "Special Tax Information". Retrieved March 18, 2008.

Further reading

  • Stock, Catherine McNicol (2020). Nuclear Country: The Origins of the Rural New Right. University of Pennsylvania Press. ISBN 978-0-8122-5245-3.
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