The South Dakota Supreme Court rules the lieutenant governor has the constitutional authority to cast a tie-breaking vote in the state Senate.

This comes after Gov. Larry Rhoden asked the court for an advisory opinion on the matter following confusion over an ambiguity in the state Constitution.

In South Dakota, the lieutenant governor serves as President of the Senate. According to the state Constitution, the president does not vote unless there’s a tie.

But the Constitution also says a bill can only pass if a majority of members-elect vote to do so. That would mean at least 18 of the 35 members of the Senate.

This came to a head in a vote earlier this session. The final vote on a bill came to a 17-17 tie, with one lawmaker absent. Lt. Gov. Tony Venhuizen cast a vote, breaking the tie.

But Senate Pro Tem Chris Karr challenged this, arguing the original 17 votes didn’t constitute a majority of members-elect. The Senate voted to back Karr’s objection.

Gov. Rhoden asked the state’s highest court to weigh in to clear up potential future tie votes.

Senate leadership urged the court not to answer the governor’s request, contending this violates the Senate’s authority to oversee its own affairs. But the court found it has a responsibility to resolve the issue as the “final arbiters of the meaning of the South Dakota Constitution."

Justices unanimously ruled Wednesday the Constitution “explicitly authorizes” the lieutenant governor to vote to break a tie. The court’s opinion states this does not conflict with the article requiring a majority of members-elect — but rather, it is ended to complement it.

“As President of the Senate, my priority is to apply the rules fairly,” said Lt. Gov. Venhuizen in a statement. “I thank Sen. Karr for raising this issue, and I thank the court for quickly answering to bring clarity to this question.”