The Government Operations and Audit Committee’s November meeting looked at three major issues tied to voter interests: education, election integrity and the governor’s spending.
That included lawmakers on the committee questioning state education leaders over a report showing lackluster results in student performance.
Department of Education Asked to Meet with GOAC Annually
The Department of Education presented its performance management indicators to the committee Thursday. The DOE failed to hit all of its goals for reading and math proficiency. The department’s failed to hit its metrics for reading proficiency, math proficiency and Native American student success.
Sen. Chris Karr said there are issues that need to be addressed by the DOE, saying he’d give the department an “F" on its report card.
“The Department of Education, they’re failing at every single one of their metrics and have been,” Karr said. “I think we have a duty to get an update on what’s happening, as also the strategies in place, are they working. And do that every year, not wait three years to go, ‘Did it work?’ And then what if it didn’t?”
Karr moved that GOAC conduct an annual review of the DOE’s performance management until DOE can report it’s met 75% of its performance metrics. Karr added that he understands GOAC has the power to call the DOE to report at any time but called a motion “important” given the 2026 election that could change the Legislature’s personnel.
“In a year, there’s going to be a new group here and I want them to at least deal with this motion and acknowledge that there’s an issue,” Karr said. “And they can decide, ‘Hey, we don’t want to force them to come every year.”
However, the department said it’s not shying away from criticism and wants accountability. Joseph Graves is the Secretary of the state Department of Education. He said they’ve implemented “rigorous” expectations for what proficiency is, and he wants that to continue.
“I don't want you to think that we’re wanting to stay where we’re at. If you look at our national comparisons, South Dakota’s doing very well in the NAEP data, based on those same percentages in reading and mathematics. There’s reason to believe we’re doing pretty well in some areas, and we haven’t lowered expectations,” Graves said. “Because that’s my fear. If we simply say in some way, manage or form to say, ‘Let’s just lower our expectations so our percentages look better,” there will be a push for that. There will be initiatives for that. And I would ask you not to do that, I would ask you to give us this time to figure out how to correct these issues.”
Graves referenced the state’s NAEP, or National Assessment of Education Progress, rankings. NAEP ranked South Dakota 28th in ELA and 17th in math for 4th grade and 14th and 6th respectively for 8th grade.
According to the state’s assessment this year of all tested grades, only 52% of students are proficient in English Language Arts and 44% in math.
Graves said the department is implementing strategies to address the issues including investing in programs that produce outcomes, restore science of reading to classrooms and new proposed math standards to improve numeracy.
In a press conference on Friday, Rhoden emphasized the point.
“We’re gonna do better,” Rhoden said. “We’re not gonna try and lower the bar to change where our proficiency is. We’re gonna find better ways to do things and more innovative ways to apply education in South Dakota. Common sense is always going to be a part of that.”
Secretary of State Speaks Following October Subpoena
Secretary of State Monae Johnson told the committee she’s “100% confident” in a voter registration system some have called into question. This comes following a subpoena for her appearance in front of a legislative audit committee in October. Many legislators who questioned Johnson at the meeting stated that elections were “not in their wheelhouse.”
The vendor in question is KNOWiNK which provides electronic poll books for multiple states. The vendor is certified by the U.S. Election Assistance Commission. Election Integrity group SD Canvassing has questioned the company’s contract with the Secretary of State’s Office.
The Secretary of State’s office signed a $4.5 million contract with KNOWiNK for upgrades to its TotalVote voter registration system. It’s what county auditors use to enter people who register to vote. KNOWiNK has been used in South Dakota for years.
Secretary of State Monae Johnson spoke about the system in front of the Government Operations and Audit Committee, following an October subpoena after GOAC claimed she failed to appear following multiple requests from the committee since May.
“We are currently using the Total Vote voter registration election management system which is 13 years old and at end of life. And we are in the process of upgrading to South Dakota votes, SD Votes,” Johnson said during her opening remarks. “As I stated in the Oct. 29 email to GOAC, the status of the contract is active, and our go-live date is Dec. 12, 2025. We adjusted the go-live date to allow for more testing by my staff and by the counties.”
When asked, Johnson said there’s no worries about KNOWiNK as a vendor.
“100% sure,” Johnson said. “I trust them.”
Some critics have pointed to Oregon and Pennsylvania pulling out of their contracts with the company. Johnson told GOAC that conversations with those secretaries of states revealed there was no breach of contract. She said they had told her the differences of opinions on voter registration systems in those states as they transitioned to newly elected secretaries. Johnson added that KNOWiNK currently works with 37 states, 1,800 jurisdictions and 139 units deployed.
Johnson said there’s validity to the concerns over security issues with KNOWiNK.
“100% secure. And one is [the Bureau of Information and Technology] wouldn’t have signed off on it if it wouldn’t be secure. And then BIT also does testing,” Johnson said. “They’ve had them do penetration tests and things like that and they monitor it continuously. And we also have a cybersecurity staff person that’s looking at things every single day.”
Johnson said the money used to upgrade the system came from federal Help America Vote Act dollars. She said the contract is almost entirely paid off, but the department is waiting to disburse the final payment until the December go-live date.
GOAC Looks to Future Legislation for Spending Oversight
The Government Operations and Audit Committee finished the November meeting discussing ways to address spending holes in state law.
The committee discussed three draft bills all pointed at spending choices made by former Gov. Kristi Noem. GOAC Chair Taffy Howard requested all three.
The first looked at amending state official bank cards. This comes after the Dakota Scout reported over $700,000 in charges to former Gov. Noem’s state credit cards. Many called the legitimacy of the charges into question.
Howard proposed a bill to create more guard rails around bank cards.
“Right now all we have in statute is that the [Bureau of Finance Management] shall promulgate rules for the issuance, use and termination,” Howard said. “So, this was an attempt to put more teeth in that to require, ‘Okay, let’s really say what they need to promulgate rules according to.’”
The committee agreed six to one to support the idea of the draft during session following some edits. One edit included possibly having those charges go through an approval process through either the state auditor’s office or the Bureau of Finance Management.
A similar bill asked the Board of Finance to approve expenses for the governor when travelling out of the state. When governor, Noem traveled to more than 30 states, which Howard said "makes you wonder" if she was acting in her duties as governor.
Howard responded to that saying there are many instances where what happens in the past can allow somebody to prevent it in the future.
“I guess I don’t see anything wrong with that, and in this case it’s just more transparency for the citizens,” Howard said. “I mean we’re talking about their taxpayer dollars. The current governor is not abusing this, and Lord willing, hopefully no future governor will abuse this. But why not have the guard rails in place?”
That bill failed five to three with those opposed saying it was a law that looked backwards, and the issue may not happen again.
The third draft looked to rein in gubernatorial power around the state Future Fund. Former Gov. Noem spending from the fund has been questioned before, but Sen. Howard pointed to a specific instance that helped create the Pete Lien and Sons Sports Shooting Complex.
“I think everyone remembers the fact that funding was denied for the new gun range out West River three or four times,” Howard said. “And then low and behold Future Funds were given to complete that project. Which, in my opinion, subverted the appropriations process.”
The bill requires that any loans or grants from the fund be approved by the state Board of Economic Development. It also creates the Governor’s Office of Economic Development to create rules around disbursements from the Future Fund. Legislators on GOAC approved the draft bill.
When asked about potential legislative changes to the fund, Gov. Rhoden said he has “strong opinions” on the fund since it’s in the purview of his office.
“You know, I’ve served in the Legislature for 16 years, been in Pierre since 2001. So, I’ve witnessed first-hand any number of times how valuable that Future Fund was even as a legislator in the hands of the governor to be able to make decisions and promote economic development in our state and the benefit of that in our state,” Rhoden said. “I think there are certain legislators who obviously want to have more control over that. And so, I won’t dismiss any legislation out of hand as being bad legislation. I’m very interested in what happens to the future of that future fund and our flexibility to put that in the right hands."
