The entrance to the South Dakota Supreme Court at the state Capitol in Pierre. (Photo by Joshua Haiar/South Dakota Searchlight)

PIERRE — Republican Gov. Larry Rhoden on Monday asked the South Dakota Supreme Court for an advisory opinion on whether the lieutenant governor, while presiding as president of the state Senate, may cast a tiebreaking vote.

“This is a matter of great public importance, and of significant impact on state government. Judicial interpretation would bring clarity and certainty to this matter going forward,” Rhoden wrote. 

Rhoden’s request follows a dispute last week after the Senate deadlocked 17-17 on passage of a bill updating permitting provisions for energy and transmission facilities. Lt. Gov. Tony Venhuizen, presiding as president of the Senate, broke the tie with a “yes” vote, but Senate President Pro Tempore Chris Karr, R-Sioux Falls, challenged the action. The Senate voted to uphold the challenge, voiding the tiebreaker. 

The potential for a tie exists because Sen. Arch Beal, R-Sioux Falls, is on an extended absence due to illness. The absence leaves an even number of senators, at 34, when the chamber typically has 35.

After the earlier tiebreaker was deemed invalid, the Senate reconsidered the affected bill on Monday, adopted an amendment, and passed the legislation. But while the bill’s fate was decided, uncertainty remains about future tie votes.

“If a tiebreaking vote cannot be cast for final passage, it will be impossible for any such piece of legislation to pass the Legislature and be presented to the governor for signature or veto,” Rhoden wrote. “An advisory opinion from the court is the only realistic way to resolve this question.”