South Dakota House Bill HJR5002

South Dakota 2024 Regular Session

• Introduced: 1/25/24
• Refer: 1/25/24

Caption

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota revising the process by which a legislative vacancy is filled.

Impact

If enacted, this amendment would significantly alter the current framework for handling legislative vacancies. Under the new rules, the central committees are required to submit the list of candidates quickly—within thirty days of the vacancy arising if no legislative session is in progress, or within five days if the legislature is in session. The Governor would then be obligated to make a selection within a stipulated time frame. This change is expected to enhance the responsiveness of the legislative process and maintain continuity in representation during transitions.

Summary

HJR5002 proposes an amendment to the Constitution of the State of South Dakota that revises the process for filling legislative vacancies. The amendment outlines that when a vacancy occurs in either house of the legislature, the Governor must make an appointment from a list of three candidates. This list is to be submitted by the central committees of the former legislator's political party in the counties comprising the vacant legislative district. The proposal seeks to standardize the procedure for these appointments, aiming for timely decisions that reflect party representation in the affected district.

Contention

Some points of contention surrounding HJR5002 include concerns about the potential concentration of power in the hands of the Governor and the established political parties. Critics might argue that the reliance on central committees limits democratic input and may not adequately represent the preferences of constituents. In contrast, proponents view this amendment as a pragmatic solution to ensure that legislative functions remain uninterrupted, highlighting the need for swift action when a vacancy occurs.