House State Affairs Committee defeats bills dealing with filling legislative vacancies

PIERRE, S.D. (SDBA) — House committee members Thursday defeat another attempt to speed the filling of legislative vacancies.

On 10 to 0 votes, the House State Affairs Committee dispatched two bills to the 41st legislative day that would have had the governor pick from a list of three names from the vacant legislator’s party’s central committee.

The sponsor of both bills, HB1188 and HJR5002, Republican Rep. Tina Mulally from Rapid City, said the citizens of District 35–her district–have already waited 175 days to fill the Senate vacancy.

HB1188 would have changed via statute how the governor would appoint replacement legislators, and HJR5002 would have done the same thing, only by voters adding the language to the state constitution.

District 32 also needs a House member. For most of the session, District 34 Republican Sen. Mike Diedrich from Rapid City has been excused because of illness. Further, District 30 Republican Sen. Julie Frye-Mueller from Rapid City is still banished from serving on any legislative committees after an episode with a Legislative Research Council employee during the last session.

Gov. Noem and legislative leaders have asked the South Dakota Supreme Court for an advisory opinion on conflicts of interest following legislators running afoul of using state COVID-19 funds.

The governor wants to hear from the high court before making the appointments.

Committee members and opponents were concerned that having county central committees in multi-county districts could be more cumbersome than even a special election to fill the vacancy.

However, Republican House Majority Leader Will Mortenson from Pierre, the committee chair, said he understood Rapid City-area residents’ concerns about not being fully represented and the slow process.

Last week, the Senate State Affairs Committee killed SJR504 on a 7 to 2 vote.

A constitutional amendment would have allowed voters in the district to hold a special election to fill the vacated legislative seat.