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Back in 1980, Governor and Attorney General Would’ve Stepped in to Redistrict If Legislature Had Failed

As the Legislature convenes today in Pierre to debate new district maps, Bob Mercer reports from the Capitol that the House and Senate may still fail to agree on a map and may thus kick redistricting to the South Dakota Supreme Court. Should that blessed disagreement persist, Mercer notes that we the voters—or at least those South Dakota voters who were active in 1982—spared us the horror of Kristi Noem and Jason Ravnsborg drawing the Legislative maps:

South Dakota voters in 1982 amended the reapportionment section of the state constitution and handed the Supreme Court the duty to break a legislative deadlock on district boundaries. The five justices replaced a five-person board. The change won approval 122,704 to 112,184.

…Deleted was this sentence:

If any legislature whose duty it is to make an apportionment shall fail to make the same as herein provided that it shall be the duty of the Governor, Superintendent of Public Instruction, Presiding Judge of the Supreme Court, Attorney General and Secretary of State within thirty (30) days after the adjournment of the legislature to make such apportionment and when so made a proclamation is issued by the Governor announcing such apportionment the same shall have the same force and effect as though made by the Legislature [Bob Mercer, “For the First Time, Supreme Court Might Have to Set South Dakota Legislative Districts,” KELO-TV, 2021.11.08].

There aren’t enough crayons in Pierre to help Kristi Noem and Jason Ravnsborg figure out how to draw 35 Legislative districts with roughly equal population in South Dakota. Good call, 1982 voters, in sending that challenging task to the far more intelligent and independent justices of the Supreme Court!

4 Comments

  1. Nick Nemec 2021-11-08 07:30

    Was the Superintendent of Public Instruction an elected position? Does it still exist in some form?

  2. Cory Allen Heidelberger Post author | 2021-11-08 09:13

    Nick, no, South Dakota no longer has a Superintendent of Public Instruction. North Dakota still has an elected statewide schools superintendent, but I’m of the impression that we replaced that position with the gubernatorially appointed Secretary of Education in the big Kneip revision of the Constitution in 1972… although I welcome links and corrections from more educated readers.

    Ballotpedia says 12 states still elect their statewide education chiefs.

  3. Porter Lansing 2021-11-08 10:41

    GOOGLE “software to apportion equal political districts within a state”.

    I trust code writers more than political office holders.

  4. ArloBlundt 2021-11-08 21:18

    Cory—the last elected Superintendent of Public Instruction was Don Barnhart Ed.D. who had previously been the Superintendent at White River and was very progressive. He resisted Kneip’s reorganization which was supported by the legislature. The position of State Superintendent then became an appointed position.

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