With less than a month before session starts, some state lawmakers are concerned vacancies remain for two Rapid City-area legislative seats.
According to recent filing, the governor is waiting for the state Supreme Court to clarify a constitutional issue related to state contracts and conflicts of interest.
Republican State Sen. Jessica Castleberry resigned her seat in August, after agreeing to pay back thousands of federal pandemic aid she inappropriately received. Last month, State Rep. Jess Olsen resigned, citing health issues.
Republican State Sen. Helene Duhamel said she’s worried parts of the state and city will go without representation this upcoming session.
“And not being there means they’re no votes on really important things,” Duhamel said. “District 35 in particular, the Box Elder, Ellsworth, B21 folks coming, the need for funding for the Douglas elementary School, water—really critical for that part of our region. I just am really hopeful we can get someone into the legislature in these two districts in time for the session in January.”
Gov. Kristi Noem has the sole power to full vacancies. Her office has not returned requests for comment.
According to a recent filing with the state supreme court, the governor is hesitant to appoint anyone to the vacancies until the court issues an advisory opinion clarifying the constitutional issue. That issue is confusion over what constitutes a contract with the state—which the constitution prohibits while a state lawmaker is serving in office.
In its brief, the legislature argues the general appropriations bill does not authorize any specific contract, despite several state supreme court cases ruling the budget does authorize a contract.
Some say the state’s citizen legislature depends on a clarification.
Regardless, time is of the essence. Duhamel was originally appointed to the legislature with a month before the start of session. She recalled what it takes to get prepared for Pierre in such a short time.
“Immediately, you’re on the fast track to get up to speed on issues. You’re trying to find a place to stay. There’s so much to do. You’re trying to figure it out with your work--if you work full time. There’s a lot to do," Duhamel said. "I know candidates who’ve dropped out of the running because they need advanced notice. We’re just weeks away from the start of session.”
Now that all the briefs are filed, the court will hold a hearing on the matter. Noem wants the courts to issue its opinion soon so she can fill the vacancies. A hearing date has not been set.
Lawmakers gavel in for legislative session Jan. 9.
