2018 Session Laws

CHAPTER 85

(SB 7)

Campaign finance limits revised.


        ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 12-27-7 be amended to read:

    12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars during any calendar year. A candidate campaign committee may only accept contributions from any candidate campaign committee, political action committee, entity, person, or political party. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family A statewide candidate or the candidate's campaign committee may accept contributions during any calendar year as follows:

            (1)    Not to exceed four thousand dollars from a person, unless the person is the candidate or a member of the candidate's immediate family, in which case contributions may be made without limit;

            (2)    Not to exceed four thousand dollars from an entity;

            (3)    Without limit from a political action committee;

            (4)    Without limit from a political party; and

            (5)    Without limit from a candidate campaign committee.

    Any contribution from a ballot question committee is prohibited. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 2. That § 12-27-8 be amended to read:

    12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds one thousand dollars during any calendar year. A candidate campaign committee may only accept contributions from any candidate campaign committee, person, entity, political action committee, or political party.

    The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family A legislative or county candidate or the candidate's campaign committee may accept contributions during any calendar

year as follows:

            (1)    Not to exceed one thousand dollars from a person, unless the person is the candidate or a member of the candidate's immediate family, in which case contributions may be made without limit;

            (2)    Not to exceed one thousand dollars from an entity;

            (3)    Without limit from a political action committee;

            (4)    Without limit from a political party; and

            (5)    Without limit from a candidate campaign committee.

    Any contribution from a ballot question committee is prohibited. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 3. That § 12-27-9 be amended to read:

    12-27-9. If the contributor is a person or an entity, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. If the contributor is a ballot question committee, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A political action committee may also accept unlimited contributions from any candidate campaign committee, political action committee, or political party A political action committee may accept contributions during any calendar year as follows:

            (1)    Not to exceed ten thousand dollars from a person;

            (2)    Not to exceed ten thousand dollars from an entity;

            (3)    Without limit from a political action committee;

            (4)    Without limit from a political party;

            (5)    Without limit from a candidate campaign committee; and

            (6)    Not to exceed ten thousand dollars from a ballot question committee.

    A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 4. That § 12-27-10 be amended to read:

    12-27-10. If the contributor is a person or an entity, no political party may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A political party may accept unlimited contributions from any candidate campaign committee, political action committee, or political party A political party may accept contributions during

any calendar year as follows:

            (1)    Not to exceed ten thousand dollars from a person;

            (2)    Not to exceed ten thousand dollars from an entity;

            (3)    Without limit from a political action committee;

    (4)    Without limit from a political party; and

            (5)    Without limit from a candidate campaign committee.

    Any contribution from a ballot question committee is prohibited. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 5. That § 12-27-18 be amended to read:

    12-27-18. An entity may make a contribution to a ballot question committee organized solely for the purpose of influencing an election on a ballot question and may make independent communication expenditures regarding the placement of a ballot question on the ballot or the adoption or defeat of a ballot question. Any entity making expenditures, equal to or exceeding fifty percent of the entity's annual gross income, for the adoption or defeat of a ballot measure is a ballot question committee. An entity may create a political action committee. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

    Section 6. That § 12-27-18.1 be amended to read:

    12-27-18.1. A ballot question committee may accept unlimited contributions from a person, entity, or political committee:

            (1)    Person;

            (2)    Entity that complies with § 12-27-19;

            (3)    Political action committee;

            (4)    Political party;

            (5)    Candidate campaign committee; and

            (6)    Ballot question committee.

     Signed March 23, 2018
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