Noem fills 2 legislative seats after South Dakota Supreme Court opinion on legislator conflicts

South Dakota Gov. Kristi Noem has filled two legislative seats, one of them empty for months as she sought and awaited a state Supreme Court opinion on legislator conflicts of interest.

Last fall, Noem had asked the high court to weigh in on legislator conflicts of interests related to state contracts after a state senator resigned her seat and agreed to a settlement to pay back about $500,000 of federal coronavirus aid she received for her preschool business.

The court heard oral arguments last month in a rare meeting of the three branches of state government, and issued its its opinion on Friday, backed 4-1 by the justices.

Justice Mark Salter wrote: “The contract restriction stated in (the South Dakota Constitution) is not a categorical bar on all contracts funded by the State. Instead, it prohibits a legislator, or former legislator within one year following the expiration of the legislator’s term, from being interested, directly or indirectly, in contracts that are authorized by laws passed during the legislator’s term.”

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