§ 1.
Executive power.
The executive power of the state is vested in the Governor.
History: 1889 Const., art. IV, § 1; amendment proposed by SL 1970, ch 2, rejected Nov. 3,
1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.
§ 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.
History: 1889 Const., Art. IV, §§ 1 to 3; amendment of § 3 proposed by SL 1961, ch 296,
approved Nov. 6, 1962; amendment of §§ 1 and 3 proposed by SL 1970, ch 2, rejected Nov. 3,
1970; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by
SL 1998, ch 1, §§ 1 and 3, approved Nov. 3, 1998.
§ 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.
History: 1889 Const., art. IV, §§ 4, 5, 8; amendment of § 5 proposed by SL 1951, ch 294, rejected
Nov., 1952; amendment of § 5 proposed by SL 1959, ch 316, approved Nov. 8, 1960; amendment
proposed by SL 1972, ch 1, approved Nov. 7, 1972.
0N-4-4 Veto power.
§ 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 with 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.
History: 1889 Const., art. IV, §§ 9, 10; amendment proposed by SL 1972, ch 1, approved Nov. 7,
1972; amendment proposed by SL 2002, ch 2, §§ 1 and 2, approved Nov. 5, 2002.
0N-4-5 Powers and duties of lieutenant governor.
§ 5.
Powers and duties of lieutenant governor.
The lieutenant governor shall be president
of the senate but shall have no vote unless the senators be equally divided. The lieutenant
governor shall perform the duties and exercise the powers that may be delegated to him by the
Governor.
History: 1889 Const., art. IV, § 7; amendment proposed by SL 1957, ch 302, approved Nov.,
1958; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by
SL 1974, ch 1, rejected Nov. 5, 1974; amendment proposed by SL 1975, ch 2, as amended by SL
1976, ch 1, rejected Nov. 2, 1976; amendment proposed by SL 1985, ch 2, rejected Nov. 4, 1986.
0N-4-6 Succession of executive power.
§ 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. Whenever there is a concurrent vacancy in the
office of Governor and lieutenant governor, the order of succession for the office of Governor shall
be as provided by law.
The Supreme Court shall have original and exclusive jurisdiction to determine when a
continuous absence from the state or disability has occurred in the office of the Governor or a
permanent vacancy exists in the office of lieutenant governor.
History: 1889 Const., art. IV, §§ 6, 7; amendment of § 7 proposed by SL 1957, ch 302, approved
Nov., 1958; amendment proposed by SL 1972, ch 1, approved Nov. 7, 1972.
0N-4-7 Other executive officers--Powers and duties.
§ 7.
Other executive officers--Powers and duties.
There shall be chosen by the qualified
electors of the state at the general election of the Governor and every four years thereafter the
following constitutional officers: attorney general, secretary of state, auditor, treasurer, and
commissioner of school and public lands, who shall severally hold their offices for a term of four
years. Commencing with the 1992 general election, no person may be elected to more than two
consecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of
school and public lands.
History: 1889 Const., art. IV, § 12; amendment proposed by SL 1935, ch 137, approved Nov.,
1936; amendment proposed by SL 1968, ch 226, rejected Nov. 5, 1968; amendment proposed by
SL 1970, ch 2, rejected Nov. 3, 1970; amendment proposed by SL 1972, ch 1, approved Nov. 7,
1972; amendment proposed by SL 1984, ch 1, rejected Nov. 6, 1984; initiated amendment,
approved November 3, 1992.
0N-4-8 Reorganization.
§ 8.
Reorganization.
All executive and administrative offices, boards, agencies,
commissions and instrumentalities of the state government and their respective functions, powers
and duties, except for the office of Governor, lieutenant governor, attorney general, secretary of
state, auditor, treasurer, and commissioner of school and public lands, shall be allocated by law
among and within not more than twenty-five principal departments, organized as far as
practicable according to major purposes, by no later than July 1, 1974. Subsequently, all new
powers or functions shall be assigned to administrative offices, agencies and instrumentalities in
such manner as will tend to provide an orderly arrangement in the administrative organization of
state government. Temporary commissions may be established by law and need not be allocated
within a principal department.
Except as to elected constitutional officers, the Governor may make such changes in the
organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of
their functions, powers and duties, as he considers necessary for efficient administration. If such
changes affect existing law, they shall be set forth in executive orders, which shall be submitted to
the Legislature within five legislative days after it convenes, and shall become effective, and shall
have the force of law, within ninety days after submission, unless disapproved by a resolution
concurred in by a majority of all the members of either house.
History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972; amendment proposed by SL
1984, ch 1, rejected Nov. 6, 1984.
0N-4-9 Appointment and removal power.
§ 9.
Appointment and removal power.
Each principal department shall be under the
supervision of the Governor and, unless otherwise provided in this Constitution or by law, shall
be headed by a single executive. Such single executive, unless provided otherwise by the
Constitution, shall be nominated and, by and with the advice and consent of the senate, appointed
by the Governor and shall hold office for a term to expire at the end of the term for which the
Governor was elected, unless sooner removed by the Governor.
Except as otherwise provided in this Constitution, whenever a board, commission or other body
shall head a principal department of the state government, the members thereof shall be nominated
and, by and with the advice and consent of the senate, appointed by the Governor. The term of office
and removal of such members shall be as prescribed by law.
The Governor shall have power to nominate and make interim appointments requiring senate
confirmation during recess of the Legislature except that such nominations and interim appointments
shall extend only to the end of the Governor's term or until acted upon by the Legislature.
History: Section proposed by SL 1972, ch 1, approved Nov. 7, 1972.
0N-4-10
