Emphasizes the Urgency of Representation for Districts 35 and 34 as the 99th Legislative Session Nears

Pierre, SD (January 8, 2023) – The South Dakota Freedom Caucus urgently calls upon Governor Kristi Noem to fill the legislative vacancies of District 34 Representative and District 35 Senate seats before the upcoming legislative session begins this Tuesday, to prevent citizens from being deprived of their right to representation.

“The continued vacancy of these critical seats is a disservice to the citizens of South Dakota,” said South Dakota Freedom Caucus Treasurer Representative Tina Mulally, “It’s essential that Governor Noem acts promptly to restore representation for the people of Districts 34 and 35.”

The Governor’s office has said that Governor Noem’s hands are tied until the South Dakota Supreme Court delivers its ruling on what constitutes a conflict of interest, which the Freedom Caucus says is unacceptable. The Governor’s stance is especially alarming given the nature of former Senator Jessica Castleberry’s resignation, who stepped down after violating the South Dakota State Constitution by accepting federal funds for her business, a clear conflict of interest.

The Freedom Caucus finds it unacceptable that the Governor may be delaying these crucial appointments under the guise of waiting for rulings on conflicts of interest, especially when the vacancy left by Castleberry was due to such a conflict. This juxtaposition raises serious concerns about the motivations behind the delay and the standards being applied to potential appointees.

Senator Jessica Castleberry’s resignation on August 17, 2023, has led to one of the state’s longest vacancies. Castleberry’s vacancy now surpasses the historical vacancy following Representative Frank Lloyd’s death in September 19, 1959 until his wife Alma Lloyd was appointed 143 days later to fill his seat. Castleberry’s vacancy is still short of the longest vacancy on record, lasting 231 days when Representative Joseph Barnett died in office on May 1, 1985, and who’s replacement Representative Perry Hier was appointed December 18, 1985 before the 1986 legislative session.

“As representatives from District 35, the absence of a Senator affects not just our legislative efficiency, but the direct voice of our constituents,” concluded Freedom Caucus Treasurer, District 35 Representative Tina Mulally.

“Our constituents deserve dedicated representation, especially as we approach a vital legislative session,” said Freedom Caucus Vice Chair Representative Tony Randolph of District 35, “The delay in filling these seats is unacceptable, since there has been at least one candidate from District 35 that met the application deadline set by the Governor and fits the criteria of no conflicts.”

Former District 34 Representative Jessica Olson stepped down on November 13, 2023, due to health issues. Her departure leaves District 34 without its elected voice and further emphasizes the necessity of timely appointments.

“We cannot enter the 99th Legislative Session with these seats unfilled. The historical precedents of extended vacancies are a stark reminder of the critical need for timely appointments,” concluded Chairman Aaron Aylward.

The South Dakota Freedom Caucus stands firm in its commitment to advocate for the voices of the citizens and ensure that our government is fully functional and representative. We urge Governor Noem to take immediate action to address these vacancies and dismiss any unfounded reasons for delay.