Sam Marty (J. Sam Marty on Ballotpedia) is a Republican state senator from South Dakota's District 28 who took office on January 14, 2025, after serving in the state House from 2015 to 2023.[1]He advanced from the June 2, 2026, Republican primary, in which he defeated Ryan Maher, and is seeking re-election on November 3, 2026.[1][2]
Marty served in the U.S. Army from 1968 to 1969, and his career experience includes working as a rancher.[1]Before his election to the Senate, he represented District 28B in the South Dakota House of Representatives.[1]In the 2025-2026 session he serves on the Senate Agriculture and Natural Resources and Education committees and is vice chair of the Senate Military and Veterans' Affairs Committee.[1]He won the 2026 Republican primary with 51.8% of the vote, 2,095 votes to Maher's 1,950.[1]
Their recorded votes on bills that divided the chamber (unanimous votes left out), grouped by topic. A bill can sit under more than one topic. "With" and "against" compare each vote with how most Republicans voted. How topics are assigned
As amended, requires school and other taxing districts to publish notice at least 21 days before voting on an excess tax levy; sets the school-levy referral petition at 5% of voters or 2,500, whichever is less; requires ballots to state years and maximum total dollars.
On the version voted Mar 30, 2026: Adds cultivated-protein food products, defined as foods resembling animal tissue made by growing animal cells in vitro, to the foods deemed adulterated under South Dakota food law.
On the version voted Feb 25, 2026: Changes the retail sales tax refund for elderly and disabled households to a pro rata share of the appropriated amount, and repeals the property tax refund program in chapter 10-18A.
Jan 29, 2026 · Failed 15–18 · with most RepublicansOfficial record ↗
Creates a rebuttable presumption that joint physical custody, defined as approximately equal time with each parent, is in a child's best interest in initial custody petitions, unless a statutory presumption against it applies. Repeals the statement that no such presumption exists.
Feb 18, 2026 · Passed 20–14 · with most RepublicansOfficial record ↗
On the version voted Mar 4, 2026: Asks voters at the next general election to amend the state constitution so the lieutenant governor is no longer president of the Senate with a tie-breaking vote, and to repeal the clause barring the lieutenant governor from sitting on the governor's impeachment trial.
Feb 24, 2026 · Passed 19–14 · with most RepublicansOfficial record ↗
As amended, changes how voters refer county, municipal and school district decisions to a public vote: petitions need signatures of 5 percent of registered voters or 2,500, whichever is fewer, and certain county and municipal decisions cannot be referred.
On the version voted Mar 30, 2026: Adds cultivated-protein food products, defined as foods resembling animal tissue made by growing animal cells in vitro, to the foods deemed adulterated under South Dakota food law.
On the version voted Feb 23, 2026: Repeals the legislative oversight committee on the state's medical marijuana program, including its membership, chair rules, and its duty to meet twice a year and make recommendations.
On the version voted Mar 5, 2026: Adds physical address (none required if homeless) and registry card number to the name and date of birth the Department of Health sends the prescription drug monitoring program, and covers all cardholders, including nonresident ones.
Jan 29, 2026 · Passed 20–12 · with most RepublicansOfficial record ↗
On the version voted Feb 24, 2026: Changes the energy facility permit process: certified-mail notice to adjacent owners three months before filing, only in counties without a comprehensive plan or zoning; signs within 30 days after filing; local review committees waived if fewer than three members elect to participate.
Jan 23, 2026 · Failed 17–17 · against most RepublicansOfficial record ↗
On the version voted Feb 19, 2026: Exempts soil amendments from sales tax when 500 pounds or more of one product is sold in a single sale for exclusively agricultural use.
As amended, requires school and other taxing districts to publish notice at least 21 days before voting on an excess tax levy; sets the school-levy referral petition at 5% of voters or 2,500, whichever is less; requires ballots to state years and maximum total dollars.
On the version voted Feb 24, 2026: Bars school districts from charging students eligible for reduced-price meals under the federal lunch and breakfast programs, and has the state Department of Education reimburse districts the difference between the free and reduced-price meal rates for those meals.
Mar 9, 2026 · Passed 20–14 · against most RepublicansOfficial record ↗
As amended, requires school districts to use Board of Education Standards-recommended prenatal development resources in health or science classes, including an ultrasound video and an animation or ultrasound video of 3+ minutes, and bars materials from entities that perform, promote, or regularly refer to abortion.
On the version voted Feb 25, 2026: Appropriates $87 million in federal fund spending authority to the Governor's Office of Economic Development for broadband infrastructure grants under the federal BEAD program.
Mar 3, 2026 · Passed 22–12 · against most RepublicansOfficial record ↗
On the version voted Mar 5, 2026: Requires electric providers to set separate service terms making data centers of 10 megawatts or more reimburse their attributable costs, requires water-use notices before operating, and preserves local authority to regulate data centers.
On the version voted Feb 2, 2026: Lets the Public Utilities Commission charge actual processing costs to data centers with peak demand of 10 megawatts or more when it reviews their electric service contracts, with the money deposited in the commission's gross receipts tax fund.
On the version voted Mar 5, 2026: Allows counties, by ordinance, to impose a gross receipts tax of up to one-half percent on sales taxable under the state sales tax, with proceeds credited against county property taxes, starting with owner-occupied property.
Feb 23, 2026 · Passed 20–14 · against most RepublicansOfficial record ↗
On the version voted Mar 5, 2026: Raises the maximum South Dakota housing infrastructure fund loan from one-third to one-half of a housing infrastructure project's total cost.
Feb 23, 2026 · Passed 20–13 · against most RepublicansOfficial record ↗
On the version voted Mar 5, 2026: Lets the state housing authority make loans from the housing infrastructure fund of up to $15 million each to airports with scheduled air service in metropolitan areas of at least 125,000 residents, for airport infrastructure.
Feb 23, 2026 · Passed 22–11 · against most RepublicansOfficial record ↗
On the version voted Mar 2, 2026: Adds English language proficiency to the requirements for a South Dakota commercial driver license and updates the referenced federal testing and entry-level driver training standards to their January 1, 2026 versions.
On the version voted Mar 5, 2026: Lets the state housing authority make loans from the housing infrastructure fund of up to $15 million each to airports with scheduled air service in metropolitan areas of at least 125,000 residents, for airport infrastructure.
Feb 23, 2026 · Passed 22–11 · against most RepublicansOfficial record ↗
On the version voted Mar 2, 2026: Lets highway patrol, transportation department, sheriff and peace officers arrange removal of disabled vehicles and spilled cargo, makes the owner liable for costs, and shields them from damages absent gross negligence or willful misconduct.
On the version voted Feb 10, 2026: Specifies that county commissioners may abate or refund property taxes for up to the previous four years for disabled veterans and surviving spouses who qualify for the $200,000 exemption but missed an application deadline.
Voted against most of their party on 1 of 20 party-divided votes on file.
authorize the imposition of a county option gross receipts tax to reduce owner-occupied property taxes.
What it does: On the version voted Mar 5, 2026: Allows counties, by ordinance, to impose a gross receipts tax of up to one-half percent on sales taxable under the state sales tax, with proceeds credited against county property taxe…
Voted no · most Republicans voted yes · Democrats 0–2, Republicans 14–9
Substantive votes concern legislation or nominations; procedural votes concern how the chamber considers them. A Yes vote applies to the motion shown, which may not be final passage.
SB 121 · SD SENATE
transfer moneys and make an appropriation for the replacement of the Richmond Lake dam and spillway and to declare an emergency.
Not votingNO VOTE
Motion: Conference Committee Report adopted
A yes vote adopted the conference committee report on SB 121, which sets the unclaimed-property transfer and the Richmond Lake dam appropriation at $8,212,497 instead of the House's $101 placeholder. (AI-written)
Transfers $8.2 million from the unclaimed property trust fund to the general fund and appropriates the same amount to replace the Richmond Lake dam and spillway.
revise the General Appropriations Act for fiscal year 2026.
NoVOTED
Motion: Do Pass Amended
On the version voted Mar 11, 2026: Changes dollar amounts in the fiscal year 2026 General Appropriations Act for operating budgets of numerous state agencies and funds.
appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the current expenses of state institutions, interest on the public debt, and common schools.
NoVOTED
Motion: Do Pass
On the version voted Mar 11, 2026: Appropriates money for the fiscal year ending June 30, 2027, for the ordinary expenses of state government's legislative, judicial and executive departments, state institutions, interest on the public debt, and common schools, with amounts set by budget unit.
require employment verification eligibility through the e-verify program and to provide a penalty therefor.
YesVOTED
Motion: Reconsidered
A yes vote would reconsider the Senate's earlier vote not to adopt the conference committee report on HB 1209 (E-Verify), so the report could be voted on again. (AI-written)
On the version voted Mar 9, 2026: Requires employers with more than 50 employees to verify new hires through E-Verify within 20 days, and lets the attorney general seek a $2,000 civil penalty per violation when federal agencies confirm knowing employment of an unauthorized worker.
make an appropriation for victim services provided by nonprofit organizations.
YesVOTED
Motion: Conference Committee Report adopted
A yes vote adopted the conference committee report on HB 1200, which sets the appropriation for victim services provided by nonprofit organizations at $5,500,000, replacing the Senate version's $102 placeholder. (AI-written)
On the version voted Feb 26, 2026: Appropriates general fund money to the Department of Public Safety for grants to nonprofits assisting abused or neglected children and victims of domestic violence, sexual assault or trafficking, for services such as emergency lodging, licensed counseling, crisis lines and child advocacy centers.
require employment verification eligibility through the e-verify program and to provide a penalty therefor.
NoVOTED
Motion: Conference Committee report not adopted, no committee appointed
On the version voted Mar 9, 2026: Requires employers with more than 50 employees to verify new hires through E-Verify within 20 days, and lets the attorney general seek a $2,000 civil penalty per violation when federal agencies confirm knowing employment of an unauthorized worker.
regulate the retail sale of nicotine products, and to provide a penalty therefor.
YesVOTED
Motion: Concurred in amendments
A yes vote accepted the House's amendments to SB 221, which revise the retail nicotine licensing bill's fees, license transfers, and the felony convictions that bar a license, among other changes. (AI-written)
On the version voted Mar 9, 2026: Requires retail sellers of nicotine products to hold Department of Revenue licenses, with $200 or $300 application fees, and denies licenses to applicants under age 21 or with certain convictions.
protect residents from increased utility costs and utility shortages caused by data centers and clarify authority to regulate data centers.
YesVOTED
Motion: Concurred in amendments
A yes vote accepted the House's amendment to SB 135, which narrows the data center definition to facilities with a peak demand of ten megawatts or greater and removes the sentence requiring operators to pay electricity costs. (AI-written)
On the version voted Mar 5, 2026: Requires electric providers to set separate service terms making data centers of 10 megawatts or more reimburse their attributable costs, requires water-use notices before operating, and preserves local authority to regulate data centers.
A yes vote accepted the House's amendment to SB 39, which removes the bill's definitions of "greenhouse" and "lot" and revises how the bill refers to licensed hemp producers. (AI-written)
On the version voted Mar 5, 2026: Repeals state licensing of hemp growers, researchers and processors, so that only producers licensed by the USDA or a tribal program may grow hemp in South Dakota, effective January 1, 2027.
