One look at the numbers, and the South Dakota Senate would seem to be one of the nation’s least likely legislative chambers to have a constitutional dispute arise about breaking tie votes on bills. But it happened early on in the 2026 session, despite the chamber being overwhelmingly controlled by one party (Republicans hold a 32-3 edge) and having an odd number of members, 35 (a medical absence brought the number of voting members down to 34).

In January, a bill changing parts of the permitting process for energy and transmission facilities received 17 yeas and 17 nays. South Dakota Lt. Gov. Tony Venhuizen broke the Senate tie, voting in favor of the measure and declaring it passed.

What followed were questions about the balance of powers between the executive and legislative branches and two different sections of the South Dakota Constitution.

One section gives the lieutenant governor the power to serve as presiding officer of the Senate and to vote when members are “equally divided.” However, there is other constitutional language with respect to the final passage of bills: “No law shall be passed unless by assent of a majority of all the members elected to each house of the Legislature,” this section reads.

The lieutenant governor is not elected to the Senate. On this basis, the Senate challenged the lieutenant governor’s authority to break ties on votes determining the final passage of legislation.

Upon the governor’s request, the South Dakota Supreme Court issued an advisory opinion in February. The lieutenant governor can break ties “on any matter,” the justices said, noting the lack of any language limiting this authority in the section spelling out the presiding officer’s powers and duties.

In other states that have addressed this same question, they added, the majority of courts have held that the lieutenant governor can cast tie-breaking votes of any kind when serving as presiding officer.

There are exceptions, however. In a 1981 case, the Nebraska Supreme Court concluded that for a bill to pass the 49-member Unicameral Legislature, it “must receive the affirmative vote of 25 senators on final reading before it can become law.” A “yes” vote by the state’s lieutenant governor cannot break a 24-24 tie and advance the bill to the governor’s desk.

According to The Council of State Governments’ “Book of the States,” Georgia’s lieutenant governor presides over the Senate but does not break roll-call ties. The tie-breaking authority in the New York Senate applies only to procedural matters, not legislation, and in Nevada, the lieutenant governor cannot break ties on votes determining the final passage of bills..

Capital Closeup is an ongoing series of CSG Midwest articles focusing on institutional issues in state governments and legislatures.

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