Part of Republican lawyer Brian Murphy’s campaign to unseat Senator Jim Mehlhaff in District 24 is promising to protect citizens’ right to initiative and referendum. Murphy, who describes himself as a “constitutional conservative”, appears to recognize (a) that ballot measures are an essential part of constitutional checks and balances and (b) that his fellow South Dakota Republicans have been waging a years-long war on that vital check:
…citizens should be able to check their government. And we’ve seen slow Legislative creep in the past few years of the Legislature trying to make it harder for citizens to engage in the power to check the Legislature, and that to me is worrisome. I think that it’s worrisome for the citizens of South Dakota to know that the Legislature is trying to make it harder for citizens in this state to exercise a check of power against the Legislature [Brian Murphy, transcribed from audio in Zach Nelson, “Brian Murphy of Pierre Seeking District 24 Senate Seat,” KCCR Radio, 2025.12.11].
Gee, it sounds like Murphy has read a certain South Dakota Law Review paper from June 2025 in which former Democratic Senator Reynold Nesiba, aspiring lawyer Teagan McNary, and this liberal blogger documented that Legislative creep.
Oh, gee, Murphy has. When he launched his campaign on December 7, one of his annunciatory FB posts linked to that paper:
A very compelling law review Article from the USD Knudson School of law, Law Review. This highlights the attempts by the legislature to limit the Constitutional rights of South Dakota Citizens in the past few years. The findings are alarming to say the least. I will fight against any attempt by the legislature to limit the rights of our Citizens to enact laws as allowed by our state constitution [Brian Murphy District 24 Senate, FB campaign post, 2025.12.07].
Murphy notes that Senator Mehlhaff has supported that Legislative attack on initiative and referendum, including in his support for last year’s House Bill 1169, an unworkable signature-quota bill so egregious that Governor Larry Rhoden had to veto it to spare the state another losing lawsuit:
“I disagree with his record of voting to support bills like HB 1169 (2025),” Murphy said, noting he opposed similar legislation in both 2023 and 2025. “The bill was not constitutionally supported and, if signed into law, wouldn’t have withstood judicial review.” Murphy said he views these bills as part of a broader effort to limit citizen participation. “The disturbing trend from the legislature on these bills is to make it harder for citizen participation in legislative actions,” he said. “It would make it harder to engage the people’s veto against legislation that is available to us through initiated measures, and for the people to check the legislative branch of our government if they overreach” [Liz Quinn, “District 24 Candidate Profile: Brian Murphy,” Pierre Capital Journal, 2026.01.20].
Mehlhaff also supported 2025 HB 1184, the earlier deadline for initiative petitions, which Governor Rhoden let pass and which federal court has overturned.
It’s good to see that at least one Republican recognizes the nexus between fealty to the state constitution and respect for initiative and referendum. Let’s hope Murphy can get that message across to other Republicans and restore that respect in the South Dakota Legislature.