- South Dakota Governor Kristi Noem has filled two congressional seats that have been vacant for several months.
- Last fall, Noem sought the state Supreme Court’s opinion on conflicts of interest related to state contracts after the state senator resigned and agreed to repay $500,000 in federal coronavirus aid.
- The court issued a 4-1 opinion that said the Constitution’s provisions do not prohibit all state-funded contracts.
South Dakota Gov. Kristi Noem has filled two seats in the Legislature, one of which had been vacant for months due to a state Supreme Court opinion on a lawmaker’s conflict of interest.
Noem announced last fall that the state senator resigned and agreed to a settlement to repay about $500,000 in federal coronavirus aid he received for preschool projects. It had asked the high court to consider conflicts of interest.
The court heard oral arguments last month in an unusual meeting of the three branches of state government, and issued its opinion Friday in a 4-1 vote of the justices.
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Judge Mark Salter wrote, “The contracting restrictions provided (in the South Dakota Constitution) are not an absolute prohibition on all state-funded contracts. They are prohibited from operating within one year.” , shall have no interest, directly or indirectly, in any contract authorized by any law passed during the term of office of the member. ”
South Dakota Supreme Court justices listen to Gov. Kristi Noem’s State of the Union address on the House floor at the state Capitol on Jan. 9, 2024, in Pierre. SD Noem held two seats, one of which was in place. Empty for months. (AP Photo/Jacques Dura Jacques)
Republican leaders in South Dakota’s Republican-led Legislature welcomed comments that provide clarification. They don’t expect chaos in Congress.
“It looks to me like a sound decision that is rooted in the clear meaning of (the constitutional clause),” said Will Mortenson, a lawyer and Republican House majority leader. “This means that MPs can still get driving licenses, they can still get park passes, and it means that once Parliament passes a law, it is still illegal to enter into contracts based on it. ”
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Republican Senate President Pro Tempore Lee Schoenbeck, who is also an attorney, said he is not aware of any lawmaker who has a conflict based on the court’s opinion.
“The court acted quickly to provide clarity to both the executive and legislative branches, and we are grateful for their work,” Noem said in a statement Friday.
On Saturday, Noem nominated former state Rep. Christine Conzette, a Rapid City business owner, to fill the vacant House seat. On Monday, the governor appointed Mike Walsh, a U.S. Marine Corps veteran and former Box Elder law enforcement officer who owns a polygraph testing and background check business, to the Senate.
The ongoing legislative session in South Dakota began last month.
