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South Dakota Law

The state of South Dakota has threestate House of Representatives and
branches of government: executive,Senate. Additionally, all but one of the
legislative, and judicial.statewide elected constitutional
The current governor is Mike Rounds.officers are Republicans.
Currently, there are 35 members of theTom Daschle served South Dakota as its
state Senate and 70 members of the Housesole Congressman from for eight years
of Representatives. The state isprior to his 1986 election to the U.S.
comprised of 35 legislative districts.Senate. Daschle was a primary figure
Voters elect 1 senator and 2among Senate Democrats throughout his
representatives from each district. Thecareer in the legislative body. In 1995,
legislature meets once a year on theafter being sidelined to the minority in
second Tuesday in January, and also ifthe 1994 midterm elections, selected
the governor calls a special session.Daschle, after only eight years in the
The state Supreme Court is the highestSenate, to be the Senate Minority
court in South Dakota and the court ofLeader. In 2001, when Democrats regained
last resort for state appellate actions.control of the chamber, Daschle became
The chief justice and four justicesSenate Majority Leader for the first
comprise the South Dakota Supreme Court.time in his career. Daschle served as
South Dakota is divided into sevenMajority Leader from 2001 to January
judicial circuits. There are 38 circuit2003, the first two years of the Bush
judges serving in the seven circuits.presidency. Daschle became Minority
Circuit courts are the state's trialLeader again when Democrats lost control
courts of general jurisdiction. Thereof the Senate in the 2002 midterm
are 12 full-time and 3 part-timeelections. In his decade-long career as
magistrate judges in the seven circuits.the Senate Democratic Leader
Magistrate courts assist the circuit(1995-2005), Daschle made himself
courts in disposing of misdemeanorextremely well-known nationally and
criminal cases and minor civil actions.emerged as a fixture of South Dakota
These courts of limited jurisdictionpolitics for more than a quarter
make the judicial system more accessiblecentury. In 2004, Daschle lost his
to the public by providing a means ofSenate seat to Republican former U.S.
direct court contact for the averageCongressman John Thune who defeated
citizen.Daschle by a narrow 51%-49% margin.
Federal government representation isDaschle was the first Senate party
currently serviced by Senator Timleader in 52 years to lose re-election
Johnson, Senator John Thune, andto his own Senate seat.
Representative Stephanie Herseth.South Dakota has a history of replacing
South Dakota politics are generallypowerful members of the Senate. Former
dominated by the Republican Party, andCommerce Committee Chairmam Larry
the state has not supported a DemocraticPressler lost to then-Congressman Tim
presidential candidate since 1964 -Johnson in 1996, and 1972 Democratic
especially notable when one considersPresidential nominee George McGovern was
that George McGovern, the Democraticdefeated by Senator James Abdnor in
nominee in 1972, was from South Dakota.1980. Abdnor was, in turn, defeated by
In 2004, George W. Bush won the state'sDaschle.
three electoral votes with 59.9% of theIt should be noted, however, that in the
vote. However, this margin was slightly2006 midterm elections, an abortion ban
lower than his 60.3% in 2000.approved by the state legislature was
There are only five reliably Democraticoverturned by referendum; 56% of the
counties in the state - most of themelectorate voted to overturn what was
with primarily American Indiangenerally considered a direct challenge
populations. Republicans have won theto Roe v. Wade. Additionally, a medical
last seven gubernatorial elections andmarijuana initiative failed and a
have controlled the legislature, withsame-sex marriage amendment passed by a
one brief interruption, for over thirtyperhaps surprisingly low 52%-48% margin
years. Democrats, however, have beenin both cases. Some have taken this as a
successful in winning election tosign that South Dakota is more
Congress from South Dakota, includingpolitically divided than is commonly
former Senators Tom Daschle, Jamesassumed.
Abourezk and George McGovern; currentIn fact, the state is divided,
Senator Tim Johnson; and currentculturally and politically, by the
Representative Stephanie Herseth.Missouri River, which bisects the state.
While President Bush received a lowerThe area east of the Missouri River (or
vote percentage in 2004 than he did in"East River"), is generally more
2000, he still received a very strongmoderate, with views that are more in
60% of the popular vote. Part of theline with those found in its Midwestern
deviation had to do with record turnoutneighbors Iowa and Minnesota. "West
driven by the intense Senate campaignsRiver," however, is more conservative,
that year. Republicans hold a 9%with views that are generally more in
registration advantage over Democratsline with those found in its western
and hold large majorities in both theneighbors Montana and Wyoming.



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