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Incumbent Republican legislators suffer losses as pipelines and property rights surge to the fore • South Dakota Searchlight

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Incumbent Republican legislators suffer losses as pipelines and property rights surge to the fore • South Dakota Searchlight


At least 11 Republican legislators lost their races Tuesday in the 2024 primary election, with a controversial carbon dioxide pipeline among the top wedge issues to emerge.

Voters also ousted two of the state’s Native American lawmakers (a mother and son), and brought back a Republican who served as speaker of the House until two years ago. 

Some of the victors leaned heavily on their opposition to Summit Carbon Solutions’ carbon capture pipeline, a multibillion-dollar project that would collect CO2 from ethanol producers in South Dakota and other states and move it through an underground pipeline for sequestration in North Dakota. 

The project has caused more than two years of legal and legislative wrangling over landowner rights and eminent domain, the legal maneuver through which a company can seize property for projects in the public interest.

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Some of the losing incumbents endorsed Senate Bill 201’s “Landowner Bill of Rights,” a compromise bill adopted last winter that’s aimed at boosting landowner protections while maintaining a path for the pipeline project. Ethanol boosters have argued that carbon sequestration – and the tax incentives that would make it profitable – is critical to the corn-based fuel’s future in South Dakota. Project opponents are seeking to refer the new law to a public vote in November.

There were 44 Republican legislative primary races Tuesday and only one Democratic primary race. Winners advance to the Nov. 5 general election. One top finisher from each party advances in Senate primaries, and two top finishers from each party advance in House primaries (except for a few “split” House districts, where only one from each party advances). Residents of each district are ultimately served by two representatives and one senator.

Many primary results in eastern South Dakota were known early Tuesday evening, while the final results of some races in the Rapid City area were still not available on the Secretary of State’s website as of 1 a.m. Mountain time on Wednesday. Pledges to halt rising property taxes figured prominently in many Black Hills-area races.

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Current legislators who lost

The current legislators who lost their races, according to unofficial results from the Secretary of State’s Office:

  • Sen. Erin Tobin, R-Winner, fell by 48 votes (which is within the possible recount margin) to a political newcomer from Bonesteel named Mykala Voita, who campaigned on the primacy of landowner rights. 
  • Sen. Jean Hunhoff, R-Yankton, who’s served more than two decades between stints in the House and Senate, lost her latest bid for reelection to newcomer Lauren Nelson, 52% to 48%. 
  • Rep. Byron Callies, R-Watertown, lost by 21 votes (pending a possible recount) to a Hayti doctor named Josephine Garcia, who spoke out against carbon pipelines and the Landowner Bill of Rights. Also winning a seat in the district was the top vote-getter, former Watertown City Attorney Matt Roby.
  • Rep. Tyler Tordsen, R-Sioux Falls, a Native American member of the Sisseton-Wahpeton Oyate, lost his race by coming in third with 26% of the votes behind the second-place finisher, Sioux Falls businessman and prominent member of the Catholic community Tony Kayser (35%), and first-place finisher Rep. Taylor Rehfeldt, R-Sioux Falls (39%).
  • Tordsen’s mother and fellow Sisseton-Wahpeton Oyate member, Tamara St. John, R-Sisseton, also came in third place in her race with 28% of the vote, losing to Logan Manhart (38%) and Christopher Reder (34%) in northeastern South Dakota’s District 1.
  • Rep. James Wangsness, R-Miller, the House majority whip, earned 21% of the votes in his race and fell to former Speaker of the House Spencer Gosch of Glenham (37%) and incumbent Rep. Scott Moore (42%). 
  • Rep. Fred Deutsch, R-Florence, came up short against Rep. Stephanie Sauder of Bryant as each representative vied for an open state Senate seat; the 51% to 49% result could be subjected to a recount.
  • Sen. Ryan Maher, R-Isabel, lost by 12 points to Dupree rancher Jana Hunt.
  • Republican Rep. Becky Drury came in third in her race with 28% of the vote, behind challenger Heather Baxter (35%) and the top vote-getter, Rep. Mike Derby (37%), all of Rapid City.
  • Sen. Mike Walsh, R-Rapid City, was appointed to an empty seat last winter but won’t be headed back to Pierre after a 16-point loss to Greg Blanc, also of Rapid City (another candidate, Curtis Nupen, finished in a distant third).
  • Sen. David Johnson, R-Rapid City, lost to challenger Curt Voight 56% to 44%.

Incumbents in close races with incomplete results

Additional incumbents who appeared vulnerable or were in tight races according to incomplete results as of 1:30 a.m. Mountain time on Wednesday:

  • Rep. Trish Ladner, R-Hot Springs, was in second among a tightly packed group of four top vote-getters in a six-way race, with 24 of 25 precincts fully reported.
  • Sen. Julie Frye-Mueller, R-Rapid City, trailed challenger Amber Hulse by two points with 24 of 25 precincts fully reported.

All results from Tuesday’s primary are unofficial until the election is canvassed.

Callies pondering recount

Callies’ narrow loss could end up in a recount should he choose to ask for one, but he said Tuesday night that he hadn’t made up his mind. 

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“Typically, the counting machines are pretty accurate,” said Callies, who was targeted by mailers in recent weeks over his votes on education funding and the Landowner Bill of Rights. “If the voters have spoken the way it’s indicated so far, I was pleased and proud to serve South Dakota.”

Rep. Byron Callies, R-Watertown, speaks on the House floor on Jan. 16, 2024. (Makenzie Huber/South Dakota Searchlight)

Roby said he escaped being targeted by the kind of attack mailers used against Callies because Roby hasn’t cast any legislative votes. He supports the Landowner Bill of Rights and said he values compromise. 

“I managed to steer clear of that shrapnel,” Roby said. “Hopefully that’s not evidence that that stuff works.”

Garcia had the support of South Dakota Right to Life PAC and Liberty Tree PAC, both of which backed anti-pipeline candidates. Garcia said she ran a positive campaign. The only mailers she authorized were the ones from her own campaign, which reported less than $9,000 in income in the pre-primary campaign finance disclosure. She said she wasn’t involved in mailers decrying Callies’ pipeline vote.

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“I ran a poverty campaign,” Garcia said. “I had very minimal funding over the past six to eight weeks. I had not been preparing, like the others, for over a year. It wasn’t about the money. It was about the people.”

When asked how important the pipeline debate was in the District 5 race, she said “tremendously important.”

If Callies chooses not to do a recount, Roby and Garcia will face Democrats Amy D. Rambow and Diane M. Drake in the general election.

District 18

Sen. Hunhoff sounded a positive note shortly after her race for state Senate was called Tuesday night.

“I’m doing fine,” Hunhoff said. “I congratulate Lauren for her win, and now I’ll go gracefully into retirement.”

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Hunhoff lost to Nelson by 96 votes, with a final tally of 1,235-1,139.

After so many years as a lawmaker, she’s looking forward to finding new ways to contribute to her community.

“Now I’m moving on to another aspect of my life, and hoping that I can fill it with something other than the Legislature,” she said.

Nelson, who did not return a call from South Dakota Searchlight seeking comment, will face Democrat Dennis Menke in November.

Sen. Jean Hunhoff, R-Yankton, speaks on the Senate floor on Jan. 18, 2024. (Makenzie Huber/South Dakota Searchlight)
Sen. Jean Hunhoff, R-Yankton, speaks on the state Senate floor on Jan. 18, 2024. (Makenzie Huber/South Dakota Searchlight)

Mother, son out

Kayser, who bested Tordsen by 286 votes, said he hadn’t planned on running until this year. He had planned to go to Spain to participate in the Camino de Santiago, or the Way of St. James, which is a 500-mile walk across the country to the saint’s grave. He walked the final 12 miles in 2023, but a neuropathy diagnosis put the 500-mile trek out of reach.

It wasn’t long after the diagnosis that Kayser got a call from Rep. Jon Hansen, who is affiliated with the Right to Life PAC that would ultimately contribute to Kayser.

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“I closed the door on my plan A, which was all about me, and two hours later Jon Hansen texted me and asked if I wanted to run for House of Representatives in my district,” he said.

Opposition to the carbon pipeline was the most common and salient issue for the voters he met while knocking on doors, Kayser said. 

“People know that a private company, with maybe foreign interests, doing something that doesn’t necessarily need to be done on the whole Green New Deal, it was out of place. It was not put in a way that gave the farmers and the landowners the rights they need,” Kayser said. 

Kayser and Rehfeldt will be on the general election ballot with Democrats B.J. Motley and Keith Block. 

Tordsen and his mother, St. John, did not respond to calls for comment Tuesday. Both voted for SB 201.

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Shortly before midnight, Tordsen posted a statement to his candidate Facebook page thanking his family and voters and decrying the influence of “D.C.-style politics” in state races.

“I squeezed the work of multiple terms into one, and I’m able to keep my head high knowing I was honest with you all in my communication and actions every day — even through false and negative campaigning directed my way,” he wrote.

Rep. Tyler Tordsen, R-Sioux Falls, speaks on the House floor on Feb. 6, 2024. (Makenzie Huber/South Dakota Searchlight)
Rep. Tyler Tordsen, R-Sioux Falls, speaks on the House floor on Feb. 6, 2024. (Makenzie Huber/South Dakota Searchlight)

Crabtree crushes Weible

Not every attempt to oust incumbents who backed pipeline-friendly legislation was successful. Senate Majority Leader Casey Crabtree, of Madison, defeated election skeptic Rick Weible in a landslide victory, 2,057 to 799.

Weible, a former mayor from Minnesota turned South Dakota resident, has become a prominent figure in the fight for hand-counting ballots. He has leveraged his background in computer consulting to scrutinize and challenge the security of machine voting systems.

Crabtree is unopposed in the November election.

Gosch back in Legislature

Former speaker of the House of Representatives, Spencer Gosch, served in the chamber from 2017 until 2022. He held the speaker position from 2021 to 2022. 

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Gosch beat current House Majority Whip James Wangsness, who said his support of the Landowner Bill of Rights likely made the difference.  

“That 201 and eminent domain issue was a big deal,” Wangsness said. “I knew it would be a big battle, but not this big. Those people are animated, and they showed up.” 

Gosch and incumbent Rep. Scott Moore are unopposed in the November general election.

Pischke wins big despite being banned from House

Incumbent Sen. Tom Pischke, R-Dell Rapids, beat challenger and former legislator Jordan Youngberg 1,369 to 654 for District 25’s Republican Senate nomination. 

Pischke was banned from the House of Representatives floor and lobby during the final days of the 2024 legislative session for a breach of decorum.

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The ban was imposed after Pischke placed a bottle of syrup on the desk of a representative who had moved to defeat a commemoration for the late Nancy Green, whose likeness was used for Aunt Jemima syrup advertising. Aunt Jemima branding was discontinued in 2021, causing Pischke and other supporters of the commemoration to claim Green’s story was “sadly erased by politics.”

Pischke will face Democrat Brian Wirth in November.

Schoenbeck’s son flops

There won’t be a Schoenbeck in the Legislature next year.

Longtime legislator and current Senate President Pro Tempore Lee Schoenbeck, R-Watertown, is not seeking reelection. His son, Jake Schoenbeck, of Sioux Falls, lost the District 2 Republican House primary to incumbents John Sjaarda, of Valley Springs, and David Kull, of Brandon. Schoenbeck pulled 475 votes compared to Sjaarda’s 1,410 and Kull’s 1,168.

Sjaarda and Kull are unopposed in November.

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North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending

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North Dakota Supreme Court Considers Motion to Reinstate Abortion Ban While Appeal is Pending


 The North Dakota Supreme Court hears arguments involving abortion via Zoom on Nov. 21, 2024. (Screenshot Bismarck Tribune via the North Dakota Monitor)

 

 

 

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(North Dakota Monitor) – North Dakota’s solicitor general called on the North Dakota Supreme Court to reinstate an abortion law struck down by a lower court until a final decision in the case is made, arguing that the ban must remain in effect because the state has a compelling interest in protecting unborn life.

“We say that not to be dramatic, but because the district court seems to have lost sight of that,” Phil Axt told justices Thursday.

The ban, signed into law by Gov. Doug Burgum in April 2023, made abortion illegal in all cases except rape or incest if the mother has been pregnant for less than six weeks, or when the pregnancy poses a serious physical health threat.

South Central Judicial District Court Judge Bruce Romanick vacated the law in September, declaring it unconstitutionally vague and an infringement on medical freedom.

He further wrote that “pregnant women in North Dakota have a fundamental right to choose abortion before viability exists.”

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The law went into effect just weeks after the North Dakota Supreme Court ruled the state’s previous abortion ban unconstitutional and found that women have a right to seek an abortion for health reasons.

Axt argued Thursday that Romanick’s judgment striking down the 2023 law conflicts with the Supreme Court’s prior ruling, and that Romanick’s legal analysis contains “glaring errors.” Axt claimed there’s nothing in the state constitution that supports a right to abortion until the point of viability.

“It’s been clear since our territorial days that in order to justify killing another human being, there must be a threat of death or serious bodily injury,” Axt said.

Meetra Mehdizadeh, an attorney representing the plaintiffs, said to reverse Romanick’s decision even temporarily would be to disregard many serious problems he identified with the statute.

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The ban does not sufficiently explain to doctors when they may legally provide abortions — which chills their ability to provide necessary health care for fear of prosecution, she said.

“The district court correctly held that the ban violates the rights of both physicians and patients, and staying the judgment and allowing the state to continue to enforce an unconstitutional law would be nonsensical,” Mehdizadeh said.

Axt countered that the law is not vague, and that doctors are incorrect to assume they would face criminal penalties for good-faith medical decisions.

If doctors are confused about the ban, said Axt, “the solution is not striking down the law — it is providing some professional education.”

In briefs filed with the court, the state also argued that Romanick’s judgment vacating the law seems to conflict with his original order declaring the law unconstitutional.

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While the order identifies a right to abortion until the point of fetal viability, Romanick’s judgment does not include any reference to viability. The state is now confused as to whether it can now enforce any restrictions on abortion, Axt said.

North Dakota still must observe abortion regulations established under other laws not challenged in the lawsuit, Mehdizadeh said.

Axt further claimed that Romanick’s judgment should be put on hold because it addresses a “novel” area of law, and because it takes a supermajority of the Supreme Court to declare a statute unconstitutional.

“Statutes should not be presumed unconstitutional until this court has had an opportunity to weigh in on the matter, and a super majority of this court is of that opinion,” Axt said.

Justice Daniel Crothers said he questioned Axt’s logic.

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“Any novel issue where the district court declares something unconstitutional, it’s sounding like you’re suggesting that we should presume that it’s wrong,” Crothers said to Axt.

The appeal is the latest step in a lawsuit brought against the state by a group of reproductive health care doctors and a Moorhead, Minnesota-based abortion provider, Red River Women’s Clinic. The clinic previously operated in Fargo, but moved across the state line after Roe v. Wade was overturned in 2022.

The ban, passed with overwhelming support by both chambers of the Republican-dominated Legislature, set penalties of up to five years in prison and a maximum fine of $10,000 for any health care professionals found in violation of the law.

The arguments were only on whether Romanick’s decision should be put on hold during the appeal, not on the merits of the case itself, which the Supreme Court will consider separately. The justices took the matter under advisement.

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Four western North Dakota volleyball teams punch a ticket to state semifinals

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Four western North Dakota volleyball teams punch a ticket to state semifinals


BISMARCK, N.D. (KFYR) – The quarterfinal round of the NDHSAA State Volleyball tournament played out in the Fargodome Thursday with four teams from the west side of the state advancing to the semifinals.

In Class A, Century avenged a quarterfinal loss from a year ago to advance to the semifinals. Meanwhile, Legacy upended West Fargo Horace in an upset.

The two teams will face off in the semifinals, which guarantees that a team from the west will make the Class A State Championship game. The Patriots are 2-0 against the Sabers this season.

2024 NDHSAA Volleyball semifinal bracket(KFYR)

In Class B, South Prairie-Max and Medina-Pingree-Buchanan both advanced to the semifinals in their first ever state tournament appearance.

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The Royals defeated Kenmare-Bowbells 3-0. The Thunder defeated Central McLean 3-0. That guarantees that a team from the west will also make the Class B State Championship game as the Royals and Thunder will face off in the semifinals.

Class B NDHSAA Volleyball semifinals bracket
Class B NDHSAA Volleyball semifinals bracket(KFYR)



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Cass County Deputy being investigated by the ND BCI resigns

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Cass County Deputy being investigated by the ND BCI resigns


FARGO, N.D. (Valley News Live) – A Cass County Sheriff’s Deputy who is under investigation by the the North Dakota Bureau of Criminal Investigation (BCI) has resigned from the department.

Cass County Sheriff Jesse Jahner says he was contacted by the BCI in September saying they were initiating an investigation into Deputy Carson Quam for alleged criminal activity. Jahner says the Sheriff’s Office was unaware of any criminal activity Quam was potentially involved with.

On November 21, the Sheriff’s office announced that Quam is no longer an employee of the Cass County Sheriff’s Office.

Jahner says the information was not released in September because it was an active and ongoing investigation from another agency.

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“Any time criminal allegations are made against one of my employees, my Office will always collaborate with the investigating and prosecuting agencies to assist throughout the investigation and potential prosecution, working to ensure the integrity of the case. If criminal activity is substantiated, it will not be tolerated. My Office will always strive through rigorous background checks, department training, and accountability to put the best deputies in our communities to protect and serve our citizens,” said Sheriff Jahner.

The Cass County Sheriff’s Office says it is unable to comment further pending investigation and review by the Grand Forks and Cass County States Attorney’s Offices. Valley News Live will continue to follow this situation as it develops.



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