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Democrats Almost Fill Statewide Ballot, Still Struggle to Find Brave Lawyer to Run for Attorney General

In addition to raising 13,750 times more money in one night than the South Dakota Republican Party raised in the entire month of May, the South Dakota Democratic Party used its convention weekend to nominate candidates for five of six statewide offices up for grabs in the general election:

  • Secretary of State: Terence Davis
  • Public Utilities Commissioner: Frank Kloucek
  • Commissioner of School and Public Lands: Raeann Mettler
  • State Treasurer: Margaret Kuipers
  • State Auditor: Tom Cool

With this slate, in addition to Dan Ahlers for Governor, Julian Beaudion for U.S. Senate, and Nikki Gronli for U.S. House, the Democrats have one more statewide candidate than they did in 2022, when the party fielded nominees for these same five offices plus U.S. Senate and Governor but failed to challenge Dusty Johnson for his seat in Congress.

But the Democrats still can’t find a lawyer to run for Attorney General:

Republican delegates will nominate their candidate for South Dakota attorney general on Saturday, June 27. It could be the most significant decision made during the GOP state convention. The person they pick will be able walk into office come January without a challenge, because there won’t be a Democrat — or any other candidate — for AG on the November election ballot.

No Democrat stepped forward to run for AG during the recent Democratic state convention that was held in Sioux Falls on Saturday, June 6. It is the second time in a row, and the fifth time in the most recent eight elections for South Dakota attorney general, that the Democratic Party hasn’t run a candidate for the office.

… [Marty] Jackley’s decision to run for the U.S. House means there won’t be an incumbent running for attorney general. At least three Republicans are competing for their party’s AG nomination: Fall River County state’s attorney and former state lawmaker Lance Russell, McPherson County state’s attorney Austin Hoffman, and former Circuit Judge John Fitzgerald, who previously was Lawrence County state’s attorney.

Another person in discussion is Rep. Jon Hansen of Dell Rapids, who placed fourth in the June governor’s primary [Bob Mercer: “Capitol Memo: Once Again, No Democrat for State AG,” KELO-TV, 2026.06.15].

According to the Secretary of State’s website, the six constitutional officers—AG, SOS, PUC, CSPL, Treasurer, and Auditor—are the only statewide offices for which there are no specified qualifications. That statement is false: in 2021, the Legislature passed House Bill 1197, which added to SDCL 1-11-1.1 the requirement that the Attorney General be licensed to practice law in South Dakota. (Secretary of State Monae Johnson also appears ignorant of qualifications specified by statute for Public Utilities Commissioners.)

The requirement of a specific degree and professional license is unique to South Dakota’s statewide elected offices. As demonstrated by Kristi Noem and Annette Bosworth, pretty much any idiot can run for Governor or Congress. But even without the statutory requirement, voters have always expected that their Attorney General be an actual attorney, and evidently, finding an attorney willing to challenge the USD Law mafia and run as a Democrat for Attorney General is really hard.

And that’s too bad: of the six statewide constitutional offices, the Attorney General may be in the best position to root out corruption and fight for social justice in South Dakota. The Treasurer and Auditor may have their hands on the books and be able to report how much the Governor is spending on planes and saunas and make-up kits, the Attorney General has the power to investigate, charge, and prosecute violations of the public trust. The Secretary of State is vitally important for protecting voting rights and election integrity, but the Attorney General puts all the teeth in South Dakota’s laws on petitions, elections, and campaign finance.

Democrats should be proud to have fielded eight statewide candidates (nine when Dan Ahlers announces his running mate)for the 2026 election. But Democrats need to work on their bar-certified friends to find a courageous candidate for Attorney General.

And you know, there’s still time to nominate a Democrat for A.G. SDCL 12-5-22 allows parties to submit certifications of convention nominations for statewide office to the Secretary of State until the second Tuesday in August (this year, August 11). The Democrats could call a second convention, give the SOS 15 days’ heads-up required by SDCL 12-5-17, meet in July or early August, and put a lawyer on the ballot to challenge whoever emerges from the SDGOP convention next weekend as the Republican nominee for Attorney General. South Dakota Democrats held a do-over convention in 2018 to save their slate of candidates from crazy clerical error. The Democrats could do it again in 2026 to complete their statewide slate with one brave lawyer.

2 Comments

  1. Not a fan but Nancy Turbak Berry is fairly well known.

  2. The AG doesn’t have to live in Pierre so that’s a huge plus.

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