Assessing the Past and Future of Article III, Section 12 of the South Dakota Constitution

The framers of South Dakota's Constitution feared corruption among public officials. This inspired them to implement structural checks on corruption in that organic document. One result of that effort was Article III, Section 12. That provision prohibited legislators from entering contracts authorized during their term. It further prohibited legislators from occupying other public offices during the legislative service or being appointed to offices created or given increased compensation during their term. The expansion of state government's reach over time and a recent reinterpretation of Article III, Section 12 raises the question of how well it aligns with current circumstances. This article traces the history of Article III, Section 12, evaluates possible refinements or changes of it, and makes recommendations for a best path forward.