South Dakota Senate Sees Chaotic Day with Missing Senator and Failed Data Center Bills

Absence of Republican Senator John Carley contributed to defeat of two data center incentive bills

Feb. 25, 2026 at 10:10am

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The South Dakota state Senate saw a chaotic day on Tuesday, with the absence of Republican Senator John Carley contributing to the defeat of two bills intended to incentivize data centers. The bills, sponsored by Senator Casey Crabtree, failed to pass due to the close margin of support and opposition, and Carley's unexplained absence prevented a potential tie vote that could have been broken by the lieutenant governor. The search for Carley by the Senate's sergeant-at-arms was unsuccessful, and the data center bills were ultimately defeated.

Why it matters

Data centers have been a controversial issue in South Dakota, with lawmakers divided over whether to incentivize or discourage their construction. The defeat of these bills highlights the ongoing debate over the economic opportunities and potential impacts of data centers in the state.

The details

The two bills sponsored by Senator Crabtree would have altered a sales tax rebate program to accommodate data centers and exempted backup generators from permitting requirements. With Senator Arch Beal's health-related absence effectively reducing the number of senators from 35 to 34, the Senate was evenly split on the bills, leading to a close margin of support and opposition. The absence of Senator Carley, an opponent of the bills, prevented a potential tie vote that could have been broken by the lieutenant governor in favor of the legislation.

  • On Monday, Crabtree's bill to provide sales tax rebates for data centers failed 17-16, one vote short of the 18 votes needed for passage.
  • On Tuesday, Crabtree moved for reconsideration of the backup generation bill, but Senate President Pro Tempore Chris Karr challenged the motion, effectively defeating the bill.
  • Before the Senate moved on to the tax rebate bill, Senator Michael Rohl invoked the rules in an attempt to force Carley back to the chamber, leading to the sergeant-at-arms' fruitless search for Carley.

The players

John Carley

A Republican senator from Piedmont and an opponent of both data center bills.

Casey Crabtree

A Republican senator from Madison who sponsored the two data center bills.

Chris Karr

The Republican Senate President Pro Tempore who challenged the motion to reconsider the backup generation bill.

Michael Rohl

A Republican senator who invoked rules to try to force Carley back to the chamber.

Tony Venhuizen

The Republican governor who opted not to break the 17-17 tie vote on Crabtree's bill regarding backup generators.

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What they’re saying

“It's not a good look for the Senate.”

— Tim Reed, Republican Senator from Brookings

“The more opposition that you have to a piece of legislation, the more likely it is that the executive branch gets its way. That is wrong.”

— Tom Pischke, Republican Senator from Dell Rapids

“Both were, I believe, intentionally absent from their seats to avoid voting. This was a parliamentary maneuver on their part, so that they could avoid voting. And I really think that's a discredit to the citizens of their districts, who elected them.”

— Dennis Daugaard, Former Republican Governor of South Dakota

What’s next

The defeated data center bills could be resurrected as amendments to other bills before the end of the legislative session next month.

The takeaway

The chaotic events in the South Dakota Senate highlight the ongoing debate over data centers in the state, as well as concerns about lawmakers using parliamentary tactics to avoid voting on controversial legislation.