A South Dakota committee that deals with judicial elections says a state lawmaker could campaign for a judicial position while continuing to serve in the Legislature.
However, the South Dakota Special Committee on Judicial Election Campaign Intervention says the state Constitution provides that no judge can be a member of the Legislature. The committee's advisory opinion says that means if a sitting lawmaker won a judicial election, that person could not hold both offices at the same time.
The committee did not say who had requested the advisory opinion.
The committee is appointed by the Supreme Court to issue advisory opinions and the respond to complaints regarding judicial campaign activities.
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