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How 100% Of Dems & 37% Of Reps Can Vote No, But The Bill Passes

Vote on HB 1076

How is it that, in a Republican controlled house, 23 Republicans and eight Democrats (all the Democrats) vote against something and it still passes?

That was the case with a bill that would have blocked amending the sex designation on a person's birth certificate (after passing the House, it was ultimately rejected in a Senate committee).

House vote on HB 1076

A Republican Supermajority

In South Dakota, there is a legislative body with two chambers, consisting of the South Dakota Senate, which has 35 members, and the South Dakota House of Representatives, which has 70 members.

In 2021, Republicans further solidified their majority in the South Dakota statehouse. The State legislature hasn’t been this Republican since 1953.

As of February 2021, South Dakota is made up of 279,923 Republicans and 158,698 Democrats. In addition, there are about 140,000 Independents and 2,500 Libertarians. This means that if all the Independents and Libertarians voted Republican, the current legislative breakdown would still not represent South Dakota’s registered voters.

Of the 105-member legislature, Democrats are down to eight representatives from 10, and down to three senators, from 5. This is why some Senate committees this session are all Republican.

State Senator Lee Schoenbeck is a Republican from Watertown. After the 2020 election, he mentioned it appears there’s no safe spot for Democrats to run.

“I would find that greatly troubling,” Schoenbeck says. "If there’s an opponent against you. Quite frankly, it’s a little bit of some of their politics in South Dakota, but it’s a lot more of them paying for the sins of their fathers in DC.”

Those sins, Schoenbeck said, included calls for defunding the police—an idea that gained traction following the killing of George Floyd at the hands of white police. It calls for more community and social funding.

The last time South Dakota Democrats controlled the House and Senate was under Democratic Governor, Dick Kneip in 1973.

Some place the blame on gerrymandering - pointing to the obscure shape of some of South Dakota’s districts.

District 10, South Dakota

Others say it’s the lack of resolve around prominent issues Democrats push for.

Brendan Johnson is a former US attorney during the Obama administration and recently pushed for marijuana legalization and won. Johnson believes the party needs to show resolve around issues like Medicare for All, a living wage, criminal justice reform, tribal sovereignty and green energy.

“Just because an issue initially may not poll well,” Johnson says, “if you have faith in the power of your idea and you’re willing to take it to the people of South Dakota and explain it, I think you can be successful. The bottom line for South Dakota Democrats is to be bold. Don’t be afraid to consider big ideas and go after those ideas.”

Click here to read all our South Dakota Legislature coverage.