Constitution of South Dakota

Constitution of South Dakota  (2019) 
South Dakota government

South Dakota Constitution

Seal of South Dakota (B&W).svg




Steve Barnett
Secretary of State

January 2019


Foreword


I am pleased to be able to present this copy of the State Constitution to the people of South Dakota. Since becoming the 40th state to enter statehood, South Dakota has risen to be one the freest and most vibrant in the union.

Within these pages of our State Constitution is the foundation of South Dakota's unique heritage and understanding of life as experienced on the prairie, in the rugged west and in city life. Our laws continue to reflect the diversity of culture and people who live here and have made South Dakota their home.

Since the Constitution was created in 1889, South Dakotans have carved their impression in our state with adventurous spirits, rugged individualism and the chance to improve upon an already blessed region.

South Dakota has been fortunate to have an educated and engaged citizenry who have worked to actively ensure our laws will protect your rights and freedoms as citizens of South Dakota.

Steve Barnett

Secretary of State

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Article IV

Executive Department

§1. Executive power.

The executive power of the state is vested in the Governor.

§2. Qualification, election and term.

The Governor and lieutenant governor must be citizens of the United States, have attained the age of twenty-one years, and be residents of the State of South Dakota for two years preceding their election. They shall be jointly elected for a term of four years at a general election held in a nonpresidential election year. The candidates having the highest number of votes cast jointly for them shall be elected. Commencing with the 1974 general election, no person shall be elected to more than two consecutive terms as Governor or as lieutenant governor. The election procedure shall be as prescribed by law.

§3. Powers and duties of the Governor.

The Governor shall be responsible for the faithful execution of the law. He may, by appropriate action or proceeding brought in the name of the state, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its civil divisions. This authority shall not authorize any action or proceedings against the Legislature.
He shall be commander-in-chief of the armed forces of the state, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.
The Governor shall commission all officers of the state. He may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices.
The Governor shall at the beginning of each session, and may at other times, give the Legislature information concerning the affairs of the state and recommend the measures he considers necessary.
The Governor may convene the Legislature or either house thereof alone in special session by a proclamation stating the purposes of the session, and only business encompassed by such purposes shall be transacted.
Whenever a vacancy occurs in any office and no provision is made by the Constitution or laws for filling such vacancy, the Governor shall have the power to fill such vacancy by appointment.
The Governor may, except as to convictions on impeachment, grant pardons, commutations, and reprieves, and may suspend and remit fines and forfeitures. §4. Veto power.
Whenever the Legislature is in session, any bill presented to the Governor for signature shall become law when the Governor signs the bill or fails to veto the bill within five days, not including Saturdays, Sundays, or holidays, of presentation. A vetoed bill shall be returned by the Governor to the Legislature together with the Governor's objections within five days, not including Saturdays, Sundays, or holidays, of presentation if the Legislature is in session or upon the reconvening of the Legislature from a recess. Any vetoed bill shall be reconsidered by the Legislature and, if two-thirds of all members of each house shall pass the bill, it shall become law.
Whenever a bill has been presented to the Governor and the Legislature has adjourned sine die or recessed for more than five days within five days from presentation, the bill shall become law when the Governor signs the bill or fails to veto it within fifteen days after such adjournment or start of the recess.
The Governor may strike any items of any bill passed by the Legislature making appropriations. The procedure for reconsidering items struck by the Governor shall be the same as is prescribed for the passage of bills over the executive veto. All items not struck shall become law as provided herein.
Bills with errors in style or form may be returned to the Legislature by the Governor with specific recommendations for change. Bills returned shall be treated in the same manner as vetoed bills except that specific recommendations for change as to style or form may be approved by a majority vote of all the members of each house. If the Governor certifies that the bill conforms to the Governor's specific recommendations, the bill shall become law. If the Governor fails to certify the bill, it shall be returned to the Legislature as a vetoed bill.

§5. Powers and duties of lieutenant governor.

The lieutenant governor shall be president of the senate but shall have no vote unless the senators are equally divided. The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him by the Governor.

§6. Succession of executive power.

When the office of Governor shall become vacant through death, resignation, failure to qualify, conviction after impeachment or permanent disability of the Governor, the lieutenant governor shall succeed to the office and powers of the Governor. When the Governor is unable to serve by reason of continuous absence from the state, or other temporary disability, the executive power shall devolve upon the lieutenant governor for the residue of the term or until the disability is removed.
Whenever there is a permanent vacancy in the office of the lieutenant governor, the Governor shall nominate a lieutenant governor who shall take office upon confirmation by a majority vote of all the members of each house of the Legislature. Page:2019SouthDakotaConstitution20190107.pdf/21 Page:2019SouthDakotaConstitution20190107.pdf/22 Page:2019SouthDakotaConstitution20190107.pdf/23 Page:2019SouthDakotaConstitution20190107.pdf/24 Page:2019SouthDakotaConstitution20190107.pdf/25 Page:2019SouthDakotaConstitution20190107.pdf/26 Page:2019SouthDakotaConstitution20190107.pdf/27 Page:2019SouthDakotaConstitution20190107.pdf/28 Page:2019SouthDakotaConstitution20190107.pdf/29 Page:2019SouthDakotaConstitution20190107.pdf/30 Page:2019SouthDakotaConstitution20190107.pdf/31 Page:2019SouthDakotaConstitution20190107.pdf/32 Page:2019SouthDakotaConstitution20190107.pdf/33 Page:2019SouthDakotaConstitution20190107.pdf/34 Page:2019SouthDakotaConstitution20190107.pdf/35 Page:2019SouthDakotaConstitution20190107.pdf/36 Page:2019SouthDakotaConstitution20190107.pdf/37 Page:2019SouthDakotaConstitution20190107.pdf/38 Page:2019SouthDakotaConstitution20190107.pdf/39 Page:2019SouthDakotaConstitution20190107.pdf/40 Page:2019SouthDakotaConstitution20190107.pdf/41 Page:2019SouthDakotaConstitution20190107.pdf/42 Page:2019SouthDakotaConstitution20190107.pdf/43 Page:2019SouthDakotaConstitution20190107.pdf/44 Page:2019SouthDakotaConstitution20190107.pdf/45 Page:2019SouthDakotaConstitution20190107.pdf/46 Page:2019SouthDakotaConstitution20190107.pdf/47 Page:2019SouthDakotaConstitution20190107.pdf/48 Page:2019SouthDakotaConstitution20190107.pdf/49 Page:2019SouthDakotaConstitution20190107.pdf/50 Page:2019SouthDakotaConstitution20190107.pdf/51 Page:2019SouthDakotaConstitution20190107.pdf/52 Page:2019SouthDakotaConstitution20190107.pdf/53 Page:2019SouthDakotaConstitution20190107.pdf/54 Page:2019SouthDakotaConstitution20190107.pdf/55 Page:2019SouthDakotaConstitution20190107.pdf/56 Page:2019SouthDakotaConstitution20190107.pdf/57 Page:2019SouthDakotaConstitution20190107.pdf/58 Page:2019SouthDakotaConstitution20190107.pdf/59 Page:2019SouthDakotaConstitution20190107.pdf/60 Page:2019SouthDakotaConstitution20190107.pdf/61 Page:2019SouthDakotaConstitution20190107.pdf/62 Page:2019SouthDakotaConstitution20190107.pdf/63 Page:2019SouthDakotaConstitution20190107.pdf/64 Page:2019SouthDakotaConstitution20190107.pdf/65 Page:2019SouthDakotaConstitution20190107.pdf/66 Page:2019SouthDakotaConstitution20190107.pdf/67 Page:2019SouthDakotaConstitution20190107.pdf/68 Page:2019SouthDakotaConstitution20190107.pdf/69 Page:2019SouthDakotaConstitution20190107.pdf/70 Page:2019SouthDakotaConstitution20190107.pdf/71 Page:2019SouthDakotaConstitution20190107.pdf/72 Page:2019SouthDakotaConstitution20190107.pdf/73 Page:2019SouthDakotaConstitution20190107.pdf/74 Page:2019SouthDakotaConstitution20190107.pdf/75 Page:2019SouthDakotaConstitution20190107.pdf/76 Page:2019SouthDakotaConstitution20190107.pdf/77 Page:2019SouthDakotaConstitution20190107.pdf/78 Page:2019SouthDakotaConstitution20190107.pdf/79 Page:2019SouthDakotaConstitution20190107.pdf/80 Page:2019SouthDakotaConstitution20190107.pdf/81 Page:2019SouthDakotaConstitution20190107.pdf/82 Page:2019SouthDakotaConstitution20190107.pdf/83 Page:2019SouthDakotaConstitution20190107.pdf/84 Page:2019SouthDakotaConstitution20190107.pdf/85 Page:2019SouthDakotaConstitution20190107.pdf/86 Page:2019SouthDakotaConstitution20190107.pdf/87 Page:2019SouthDakotaConstitution20190107.pdf/88 Page:2019SouthDakotaConstitution20190107.pdf/89 Page:2019SouthDakotaConstitution20190107.pdf/90 Page:2019SouthDakotaConstitution20190107.pdf/91 Page:2019SouthDakotaConstitution20190107.pdf/92 Page:2019SouthDakotaConstitution20190107.pdf/93 Page:2019SouthDakotaConstitution20190107.pdf/94 Page:2019SouthDakotaConstitution20190107.pdf/95 Page:2019SouthDakotaConstitution20190107.pdf/96 Page:2019SouthDakotaConstitution20190107.pdf/97 Page:2019SouthDakotaConstitution20190107.pdf/98 Page:2019SouthDakotaConstitution20190107.pdf/99 Page:2019SouthDakotaConstitution20190107.pdf/100 Page:2019SouthDakotaConstitution20190107.pdf/101 Page:2019SouthDakotaConstitution20190107.pdf/102

This is the 2017 edition of the South Dakota Constitution.


For more information contact:
Shantel Krebs
Secretary of State
500 East Capitol Avenue, Suite 204
Pierre, SD 57501-5070
Phone: 605.773.3537
Fax: 605.773.6580
E-mail: sdsos@state.sd.us
Internet: www.sdsos.gov



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