CHAPTER 12-27
CAMPAIGN FINANCE REQUIREMENTS
12-27-1 Definitions.
12-27-2 Political committee chair and treasurer required--Violation as misdemeanor.
12-27-3 Statements of organization to be filed for political action committee, candidate campaign committee, and ballot question committee--Violation as misdemeanor.
12-27-4 12-27-4, 12-27-5. Repealed by SL 2017, ch 71, §§ 4, 5.
12-27-6 Contents of statement of organization.
12-27-7 Limits on contributions to statewide candidate or candidate's campaign committee--Violation as misdemeanor.
12-27-8 Limits on contributions to legislative or county candidate or candidate's campaign committee--Violation as misdemeanor.
12-27-9 Limits on contributions to political action committee--Violation as misdemeanor.
12-27-10 Limits on contributions to political party--Violation as misdemeanor.
12-27-10.1 12-27-10.1 to 12-27-10.3. Repealed by SL 2017, ch 72, §§ 8 to 10, eff. Feb. 2, 2017.
12-27-10.4 Affiliated entities sharing single contribution limit.
12-27-11 Required information about contributors--Contributions from unknown source to be donated to charitable entity--Violation as misdemeanor.
12-27-12 Disguised contributions prohibited--Misdemeanor.
12-27-13 Property purchased with contributions to be property of political committee.
12-27-14 Report of property sale by political committee--Violation as misdemeanor.
12-27-15 Political communications to contain certain language--Exceptions--Violation as misdemeanor.
12-27-16 Statements and disclaimers regarding independent communication expenditures--No control by candidate or political committee--Violation as misdemeanor.
12-27-16.1 Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
12-27-17 12-27-17, 12-27-17.1. Repealed by SL 2017, ch 222 (Initiated Measure 22), §§ 17, 18, eff. Nov. 16, 2016.
12-27-18 Independent communication expenditures--Violation as misdemeanor.
12-27-18.1 Acceptance of contributions by ballot question committee.
12-27-18.2 Repealed.
12-27-19 Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor.
12-27-20 Public funds to influence election outcome prohibited--Penalty.
12-27-21 Contributions from public entities--Prohibition--Violation as misdemeanor.
12-27-21.1 Time for submission of statements--Violation as misdemeanor.
12-27-22 Persons and entities required to submit campaign finance disclosure statements--Violation as misdemeanor.
12-27-22.1 Circumstances under which campaign finance disclosure report not required.
12-27-22.2 Reports only include contributions and expenditures related to this state.
12-27-23 12-27-23. Repealed by SL 2018, ch 84, § 7.
12-27-24 Contents of campaign finance disclosure report.
12-27-24.1 12-27-24.1. Repealed by SL 2017, ch 72, § 22, eff. Feb. 2, 2017.
12-27-25 Termination report.
12-27-26 Requirements for dissolution of political committee.
12-27-27 Conditions requiring filing of amended statement or report--Time for filing--Violation as misdemeanor--Civil penalty.
12-27-28 Conditions requiring filing of supplemental report--Time for filing--Violation as misdemeanor.
12-27-29 Records required to be kept by treasurer of political committee--Violation as misdemeanor.
12-27-29.1 Civil penalty for failure to timely file statement, amendment, or correction.
12-27-29.2 Order assessing penalty--Contents--Appeal--Termination of committee.
12-27-29.3 Prohibition of certification as candidate for failure to pay penalties or file required documents.
12-27-29.4 Repeated failure to perform duty--Additional penalty--Referral for prosecution.
12-27-29.5 Candidate jointly and severally responsible with treasurer for penalty--Decertification.
12-27-30 Civil penalty for failure to timely file statement, amendment, or correction with county, township, municipality, school district, or special purpose district.
12-27-31 Forms to be adopted by secretary of state--Oath or affirmation.
12-27-32 Preservation and destruction of statements in public records.
12-27-33 Sale and certain uses of information in statements or reports prohibited--Misdemeanor.
12-27-34 Intentionally false or misleading statements prohibited--Felony.
12-27-35 Investigation and prosecution of violations by attorney general--Civil actions.
12-27-36 Access to records by attorney general--Violation as misdemeanor.
12-27-37 Confidentiality of records.
12-27-38 Candidate may not be certified or to forfeit office for felony violation.
12-27-39 Application of campaign finance requirements.
12-27-40 Investigation and prosecution of violations by state's attorney--Civil actions.
12-27-41 Filing by electronic transmission.
12-27-41.1 12-27-41.1. Repealed by SL 2017, ch 72, § 28, eff. Feb. 2, 2017.
12-27-42 Place of filing.
12-27-42.1 12-27-42.1. Repealed by SL 2017, ch 72, § 29, eff. Feb. 2, 2017.
12-27-43 Action for civil penalty for certain violations.
12-27-44 12-27-44. Repealed by SL 2009, ch 68, § 1.
12-27-45 Additional standards adopted by political subdivision.
12-27-46 12-27-46. Repealed by SL 2017, ch 72, § 30, eff. Feb. 2, 2017.
12-27-47 Affidavit alleging violation of campaign finance requirements--Contested case--Referral for investigation.
12-27-47.1 Report of certain campaign finance violations to secretary of state--Investigation--Civil penalty.
12-27-48 False allegation of misconduct as misdemeanor.
12-27-49 Effect of secretary of state's filing or refusing to file document.
12-27-50 Limitation on uses for contributions received by candidate campaign committee.
12-27-51 Period to cure campaign finance violation.
12-27-1. Definitions.
Terms used in this chapter mean:
(1) "Ballot question," any referendum, initiative, proposed constitutional amendment, or other measure submitted to voters at any election;
(2) "Ballot question committee," a person or entity that raises, collects, or disburses contributions:
(a) As a proponent for the placement of one or more ballot questions on the ballot;
(b) As an opponent to the placement of one or more ballot questions on the ballot; or
(c) For the adoption or defeat of one or more ballot questions.
A ballot question committee is not a person or political committee that makes a contribution to a ballot question committee. A ballot question committee is not an entity that makes a contribution to a ballot question committee from treasury funds;
(3) "Candidate campaign committee," any committee organized by a candidate to receive contributions and make expenditures for the candidate. Only one candidate campaign committee may be organized for each candidate and only one statewide candidate campaign committee may be organized for each candidate. A candidate may, simultaneously, have both a legislative campaign committee and a statewide campaign committee;
(4) "Candidate," any person who seeks nomination for or election to public office. A person is a candidate if the person raises, collects, or disburses contributions in excess of five hundred dollars; has authorized the solicitation of contributions or the making of expenditures; has been certified as a candidate by a political party; has created a candidate campaign committee for the purpose of obtaining public office; or has taken all actions required by state law to qualify for nomination for or election to public office;
(5) "Clearly identified," the appearance of the name, nickname, a photograph or a drawing of a candidate or public office holder, or the unambiguous reference to the identity of a candidate or public office holder;
(6) "Contribution," any gift, advance, distribution, deposit, or payment of money or any other valuable consideration, or any contract, promise or agreement to do so; any discount or rebate not available to the general public; any forgiveness of indebtedness or payment of indebtedness by another person; or any use of services or property without full payment or that is provided by any person or political committee whose primary business is to provide services or property, made for the purpose of influencing:
(a) The nomination, election, or re-election of any person to public office; or
(b) The placement of a ballot question on the ballot or the adoption or defeat of any ballot question submitted.
The term does not include services provided by a person as a volunteer for or on behalf of any candidate or political committee including the free or discounted use of a person's residence. Nor does the term include the purchase of any item of value or service from any political committee. The purchase price of the item may not exceed the fair market value and may not include an intent to contribute beyond the item's value. A contribution does not include administration and solicitation of a contribution for a political action committee established by an entity or its associated expenses, nor the use of an entity's real or personal property located on its business premises for such purposes. A contribution does not include nominal use of a candidate's real or personal property or nominal use of resources available at a candidate's primary place of business;
(7) "County office," any elected office at a county in this state;
(8) "Election," any election for public office; any general, special, primary, or runoff election; and any election on a ballot question;
(9) "Expressly advocate," any communication that:
(a) In context has no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question using explicit words of advocacy of election or defeat such as: vote, re-elect, support, cast your ballot for, reject, and defeat; or
(b) If taken as a whole and with limited reference to external events, such as the proximity to the election, may only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question because:
(i) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and
(ii) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question or encourages some other kind of action;
(10) "Immediate family," a spouse of a candidate or public office holder; a person under the age of eighteen years who is claimed by that candidate or public office holder or that candidate's or public office holder's spouse as a dependent for federal income tax purposes; or any relative within the third degree of kinship of the candidate or the candidate's spouse, and the spouses of such relatives;
(11) "Independent communication expenditure," an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, entity, or political committee for a communication concerning a candidate or a ballot question which is not made to, controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee. The term does not include administration and solicitation of any contribution for a political action committee established by an entity and associated expenses, nor the use of an entity's real or personal property located on its business premises for such purposes. The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family;
(12) "Donated good or service," a good or service provided at no charge or for less than its fair market value. The term does not include the value of services provided by a person as a volunteer for or on behalf of any candidate or political committee including the free or discounted use of the volunteer's residence or office;
(13) "Legislative office," the Senate and the House of Representatives of the South Dakota Legislature;
(14) "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or part;
(14A) "Mailing address," includes street or PO Box, city, state, and zip code;
(15) "Entity," any organized or unorganized association, business corporation, limited liability company, nonprofit corporation, limited liability partnership, limited liability limited partnership, limited partnership, partnership, cooperative, trust except for a trust account representing or containing only a contributor's personal funds, a business trust, association, club, labor union, or collective bargaining organization; any local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation and membership; any trade or professional association that receives its funds from membership dues or service fees, whether organized inside or outside the state; any other entity of any kind, except a natural person that is, has been, or could be recognized by law; or any group of persons acting in concert that is not defined as a political committee in this chapter except, an entity is not a candidate, a public office holder, or a political committee;
(16) "Person," a natural person;
(17) "Political action committee," any person or entity that raises, collects or disburses contributions to influence the outcome of an election and who is not a candidate, public officer holder, candidate campaign committee, ballot question committee, or a political party. A political action committee is not any:
(a) Person who makes a contribution to a political committee; or
(b) Entity that makes a contribution to a ballot question committee from treasury funds;
(18) "Political committee," any candidate campaign committee, political action committee, political party, or ballot question committee;
(19) "Political party," any state or county political party qualified to participate in a primary or general election, including any auxiliary organization of such political party;
(19A) "Auxiliary organization," any organization designated as an auxiliary organization in the political party's bylaws or constitution except any auxiliary organization that only accepts contributions to support volunteer activities of the organization and does not make monetary contributions or contribute donated goods or services or any independent communication expenditures to any political committee except a political party;
(20) "Statewide office," the office of Governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner;
(21) "Treasurer," the treasurer is the person who is designated as and has agreed to serve as the person responsible for each required filing that a committee is required to make under this title;
(22) "Treasury funds," funds of an entity not raised or collected from any other source for the purpose of influencing a ballot question;
(23) "Volunteer," any person who provides services free of charge.
Source: SL 2007, ch 80, § 1; SL 2008, ch 67, § 1; SL 2009, ch 67, § 3; SL 2010, ch 76, §§ 1, 4, 5, eff. Mar. 25, 2010; SL 2017, ch 222 (Initiated Measure 22), § 4, eff. Nov. 16, 2016; SL 2017, ch 72, § 3, eff. Feb. 2, 2017; SL 2017, ch 71, § 1; SL 2018, ch 83, § 1; SL 2018, ch 84, §§ 1, 2.
12-27-2. Political committee chair and treasurer required--Violation as misdemeanor.
A political committee shall have and continually maintain a chair and a treasurer. One person may serve as chair, candidate, treasurer, or any combination thereof. A treasurer may be responsible for any monetary penalty assessed pursuant to this chapter. No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 2; SL 2008, ch 67, § 2; SL 2017, ch 71, § 2; SL 2018, ch 84, § 3.
12-27-3. Statements of organization to be filed for political action committee, candidate campaign committee, and ballot question committee--Violation as misdemeanor.
A statement of organization shall be filed as follows:
(1) The treasurer for a political action committee shall file a statement of organization with the secretary of state not later than fifteen days after the date upon which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours;
(2) A candidate shall file a statement of organization for a candidate campaign committee with the secretary of state not later than fifteen days after becoming a candidate pursuant to this chapter; and
(3) If the treasurer for a ballot question committee does not file a statement of organization pursuant to chapter 2-1, the treasurer shall file a statement of organization with the secretary of state not later than fifteen days after the date which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours.
Any statement of organization may be filed electronically pursuant to § 12-27-41. A political committee that regularly files a campaign finance disclosure statement with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service is not required to file a statement of organization. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 3; SL 2008, ch 67, § 3; SL 2010, ch 76, § 2, eff. Mar. 25, 2010; SL 2012, ch 18, § 9; SL 2013, ch 67, § 4; SL 2017, ch 71, § 3; SL 2018, ch 84, § 4.
12-27-6. Contents of statement of organization.
The statement of organization shall include:
(1) The name, mailing address, and street address if different than the mailing address, and telephone number of the committee;
(2) The name, mailing address, and street address if different than the mailing address, and telephone number of the chair and the treasurer of the committee;
(3) A statement of the type of political committee that has been or is being organized;
(4) In the case of a candidate campaign committee, the name of the candidate, the name of the candidate's committee, office the candidate is seeking, mailing address, and the street address if different than the mailing address; and
(5) In the case of a political action committee or ballot question committee, a concise statement of its purpose and goals, and the full name, mailing address, and the street address if different than the mailing address of the entity with which the committee is connected or affiliated, or if the committee is not connected or affiliated with any one entity, the trade, profession, or primary interest of the committee.
The statement shall be signed by the candidate and treasurer for a candidate campaign committee and by the chair and treasurer for other political committees and filed pursuant to § 12-27-41. A political committee continues to exist until a termination statement is filed pursuant to §§ 12-27-25 and 12-27-26.
The treasurer of a political committee shall file an updated statement of organization not later than fifteen days after any change in the information contained on the most recently filed statement of organization.
Any correspondence regarding reporting deadlines, delinquent reports, administrative penalties, and administrative hearings may only be sent to the treasurer listed on the most current statement of organization on file.
Source: SL 2007, ch 80, § 6; SL 2008, ch 67, § 4; SL 2013, ch 67, § 5; SL 2016, ch 78, § 1; SL 2017, ch 71, § 6.
12-27-7. Limits on contributions to statewide candidate or candidate's campaign committee--Violation as misdemeanor .
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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 7; SL 2017, ch 222 (Initiated Measure 22), § 5, eff. Nov. 16, 2016; SL 2017, ch 72, § 4, eff. Feb. 2, 2017; SL 2017, ch 71, § 7; SL 2018, ch 85, § 1; SL 2019, ch 77, § 1.
12-27-8. Limits on contributions to legislative or county candidate or candidate's campaign committee--Violation as misdemeanor .
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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 8; SL 2017, ch 222 (Initiated Measure 22), § 6, eff. Nov. 16, 2016; SL 2017, ch 72, § 5, eff. Feb. 2, 2017; SL 2017, ch 71, § 8; SL 2018, ch 85, § 2; SL 2019, ch 77, § 2.
12-27-9. Limits on contributions to political action committee--Violation as misdemeanor .
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.
Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 9; SL 2011, ch 83, § 1; SL 2017, ch 222 (Initiated Measure 22), § 7, eff. Nov. 16, 2016; SL 2017, ch 72, § 6, eff. Feb. 2, 2017; SL 2017, ch 71, § 9; SL 2018, ch 85, § 3; SL 2019, ch 77, § 3.
12-27-10. Limits on contributions to political party--Violation as misdemeanor .
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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 10; SL 2017, ch 222 (Initiated Measure 22), § 8, eff. Nov. 16, 2016; SL 2017, ch 72, § 7, eff. Feb. 2, 2017; SL 2017, ch 71, § 10; SL 2018, ch 85, § 4; SL 2019, ch 77, § 4.
12-27-10.4. Affiliated entities sharing single contribution limit.
All political action committees established, financed, maintained, or controlled by the same person or entity, including any parent, subsidiary, branch, division, department, or local unit of the person or entity, are affiliated and share a single contribution limit under § 12-27-9, both with respect to contributions made and contributions received.
Source: SL 2018, ch 86, § 1, eff. Jan. 1, 2019; SL 2019, ch 78, § 1.
12-27-11. Required information about contributors--Contributions from unknown source to be donated to charitable entity--Violation as misdemeanor.
No person, entity, candidate, or political committee may give or accept a contribution unless the name, mailing address, city and state of the contributor is made known to the person, entity, candidate, or political committee receiving the contribution. In addition to any other information to be made known under this section, the name of the custodial parent or parents of an unemancipated minor who makes a contribution shall be made known. Any contribution, money, or other thing of value received by a candidate or political committee from an unknown source shall be donated to a nonprofit charitable entity. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 11; SL 2017, ch 222 (Initiated Measure 22), § 12, eff. Nov. 16, 2016; SL 2017, ch 72, § 11, eff. Feb. 2, 2017; SL 2017, ch 71, § 11; SL 2019, ch 77, § 5.
12-27-12. Disguised contributions prohibited--Misdemeanor.
No person or entity may make a contribution in the name of another person or entity, make a contribution disguised as a gift, make a contribution in a fictitious name, make a contribution on behalf of another person or entity, or knowingly permit another to use that person's or entity's name to make a contribution. No candidate may knowingly accept a contribution disguised as a gift. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 12; SL 2008, ch 67, § 5; SL 2017, ch 222 (Initiated Measure 22), § 13, eff. Nov. 16, 2016; SL 2017, ch 72, § 12, eff. Feb. 2, 2017; SL 2017, ch 71, § 12.
12-27-13. Property purchased with contributions to be property of political committee.
Equipment, supplies, and materials purchased with contributions are property of the political committee and are not property of the candidate or any other person.
Source: SL 2007, ch 80, § 13; SL 2017, ch 222 (Initiated Measure 22), § 14, eff. Nov. 16, 2016; SL 2017, ch 72, § 13, eff. Feb. 2, 2017; SL 2017, ch 71, § 13.
12-27-14. Report of property sale by political committee--Violation as misdemeanor.
The sale of any property by a political committee shall be reported in the campaign finance disclosure statement. A violation of this section is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 14; SL 2018, ch 84, § 5.
12-27-15. Political communications to contain certain language--Exceptions--Violation as misdemeanor.
Any printed material or communication made, purchased, paid for, or authorized by a candidate or political committee that disseminates information concerning a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: "Paid for by (name of candidate or political committee)." This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 15; SL 2017, ch 222 (Initiated Measure 22), § 15, eff. Nov. 16, 2016; SL 2017, ch 72, § 14, eff. Feb. 2, 2017; SL 2017, ch 71, § 14.
12-27-16. Statements and disclaimers regarding independent communication expenditures--No control by candidate or political committee--Violation as misdemeanor.
The following apply to independent communication expenditures by persons and entities related to communications concerning candidates, public office holders, ballot questions, or political parties who are not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee:
(1) Any person or entity that makes a payment or promise of payment totaling more than one hundred dollars, including donated goods or services for an independent communication expenditure that concerns a candidate, public office holder, ballot question, or political party shall append to or include in each communication a disclaimer that clearly and forthrightly:
(a) Identifies the person or entity making the independent communication expenditure for that communication;
(b) States the mailing address and website address, if applicable, of the person or entity; and
(c) If an independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, the following notation must be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions in aggregate to the entity during the twelve months preceding that communication. An independent communication expenditure made by a person or entity shall include the following: "This communication is independently funded and not made in consultation with any candidate, public office holder, or political committee.".
A violation of this subdivision is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor;
(2) Any person or entity making a payment or promise of payment of more than one hundred dollars, including donated goods and services, for a communication described in subdivision (1) shall file an independent communication expenditure statement within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published;
(3) The independent communication expenditure statements required by this section shall:
(a) Identify the person or entity making the expenditure;
(i) Including mailing address, city, and state of a person; or
(ii) If an entity, the mailing address, city, and state, and website address if applicable; and
(iii) Identify any expenditures made for communications described in subdivision (1) during the current calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication; and
(b) For an entity, the independent communication expenditure statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the entity;
(4) For an entity whose majority ownership is owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, the statement shall identify by name and mailing address each person, partner, owner, trustee, beneficiary, participant, shareholder, or member who owns, controls, or comprises ten percent or more of the entity;
(5) An entity shall also provide statements, as defined in subdivision (3), for any of its partners, owners, trustees, beneficiaries, participants, members, or shareholders identified pursuant to subdivision (4) that are owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, until no entity identified in the statements meets the ownership test set forth in subdivision (4); and
(6) For purposes of this section, the term, communication, does not include:
(a) Any news article, editorial endorsement, opinion or commentary writing, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate or political committee;
(b) Any editorial endorsement or opinion aired by a broadcast facility not owned or controlled by a candidate or political committee;
(c) Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership entity solely to members of the entity and the members' families;
(d) Any communication that refers to any candidate only as part of the popular name of a bill or statute; and
(e) Any communication used for the purpose of polling if the poll question does not expressly advocate for or against a candidate, public office holder, ballot question, or political party.
Source: SL 2007, ch 80, § 16; SL 2010, ch 76, § 6, eff. Mar. 25, 2010; SL 2013, ch 67, § 1; SL 2017, ch 222 (Initiated Measure 22), § 16, eff. Nov. 16, 2016; SL 2017, ch 72, § 15, eff. Feb. 2, 2017; SL 2017, ch 71, § 15.
12-27-16.1. Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
Any political committee, entity, or person that makes a communication clearly identifying a candidate, public office holder, ballot question, or political committee, other than an independent communication expenditure that is not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee, shall append to or include in each communication a disclaimer that:
(1) Identifies the political committee, entity, or person making the communication; and
(2) States the address or website address, if applicable, of the political committee, entity, or person.
If the communication is an independent expenditure made by a person or entity, then the disclaimer shall include the following: "This communication is independently funded and not made in consultation with any candidate, political party, or political committee." If the independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, then the following notation must also be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions to an entity during the twelve months preceding that communication. Any person or entity making a communication under this section has the same reporting requirements as § 12-27-16. Any political committee making a communication under this section shall include each communication as an expenditure on the campaign finance disclosure report.
A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2017, ch 72, § 17, eff. Feb. 2, 2017; SL 2017, ch 71, § 17.
12-27-18. Independent communication expenditures--Violation as misdemeanor.
An entity may make independent communication expenditures regarding the placement of one or more ballot questions on the ballot or the adoption or defeat of one or more ballot questions. Any entity making expenditures, equal to or exceeding fifty percent of the entity's annual gross income, for the adoption or defeat of one or more ballot measures is 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.
Source: SL 2007, ch 80, § 18; SL 2009, ch 65, § 1; SL 2010, ch 76, § 8, eff. Mar. 25, 2010; SL 2011, ch 83, § 2; SL 2017, ch 71, § 18; SL 2018, ch 83, § 2; SL 2018, ch 85, § 5.
12-27-18.1. Acceptance of contributions by ballot question committee.
A ballot question committee may accept unlimited contributions from a:
(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.
Source: SL 2008, ch 67, § 16; SL 2017, ch 71, § 19; SL 2018, ch 85, § 6.
12-27-18.2. Repealed.
Source: SL 2019, ch 237 (Initiated Measure 24), § 1, approved Nov. 6, 2018; SL 2024, ch 16, § 11.
12-27-19. Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor.
Before making a contribution to a ballot question committee pursuant to § 12-27-18, an entity shall provide to the ballot question committee the following:
(1) The name or fictitious name of the entity;
(2) The mailing address of the entity's office;
(3) The name and mailing address of each owner or each director and officer of the entity;
(4) The committee name the contribution was given to, the date, and the amount of the contribution; and
(5) The name and mailing address of the person authorizing the contribution.
These requirements do not apply to any donated goods or services.
Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to § 12-27-18, an entity shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the entity declaring and affirming, under the penalty of perjury, the following:
(1) The name and street address of every person who owns ten percent or more of the entity, has provided ten percent or more of the entity's gross receipts, including capital contributions, in the current or preceding year, or has provided ten percent or more of the funds being contributed to the ballot question committee; and
(2) That no part of the contribution was raised or collected by the entity for the purpose of influencing the ballot question.
A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from any entity pursuant to this section. No ballot question committee may accept any contribution from any entity not preceded or accompanied by the statements required by this section. Except as provided by § 22-29-1, violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 19; SL 2009, ch 66, § 1; SL 2017, ch 71, § 20; SL 2018, ch 87, § 1.
12-27-20. Public funds to influence election outcome prohibited--Penalty.
The state, an agency of the state, and the governing body of any county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or any political subdivision who is speaking in the officer's or employee's personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.
It is a Class 1 misdemeanor if the state, an agency of the state, or the governing body of any county, municipality, or other political subdivision expends one thousand dollars or more in public funds in violation of this section. It is a Class 6 felony if ten thousand dollars or more in public funds is expended in violation of this section.
Source: SL 2007, ch 80, § 20; SL 2017, ch 222 (Initiated Measure 22), § 19, eff. Nov. 16, 2016; SL 2017, ch 72, § 18, eff. Feb. 2, 2017; SL 2023, ch 54, § 1.
12-27-21. Contributions from public entities--Prohibition--Violation as misdemeanor.
No candidate or political committee may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 21; SL 2008, ch 68, § 1; SL 2017, ch 222 (Initiated Measure 22), § 20, eff. Nov. 16, 2016; SL 2017, ch 72, § 19, eff. Feb. 2, 2017; SL 2017, ch 71, § 21; SL 2020, ch 47, § 1.
12-27-21.1. Time for submission of statements--Violation as misdemeanor.
Each statement referred to § 12-27-22 shall be signed and submitted by the treasurer of the political committee. The statement shall be received by the secretary of state and submitted by 5:00 p.m. central time on the following dates:
(1) Pre-primary report: fifteen days prior to the primary election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;
(2) Pre-general report: fifteen days prior to the general election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;
(3) Amendments: submitted pursuant to § 12-27-27;
(4) Supplemental report: submitted pursuant to § 12-27-28;
(5) Year-end report: by the last Friday in January each year, for the reporting period commencing with the last report submitted up through and including December thirty-first of each year; and
(6) Termination report: at any time as stated in § 12-27-25. Pre-primary, pre-general, amendments, supplemental, year-end, and termination reports shall cover the contributions and expenditures since the last report submitted. All required filings under this chapter shall be submitted using the forms as provided by the secretary of state.
A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2017, ch 71, § 23; SL 2018, ch 84, § 6.
12-27-22. Persons and entities required to submit campaign finance disclosure statements--Violation as misdemeanor.
A campaign finance disclosure statement shall be submitted to the secretary of state. The treasurer of each:
(1) Candidate or candidate campaign committee for any statewide office shall file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end and, if applicable, amendments. A termination report may be submitted at any time;
(2) All candidates running for a legislative or county office with a recognized political party shall file a pre-primary report if there is any primary race for that particular office in the legislative district or county, and all candidates or candidate campaign committees for a legislative or county office shall file a pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. A termination report may be submitted at any time;
(3) Statewide political action committee shall file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end or, if applicable, amendments. A termination report may be submitted at any time;
(4) Statewide political party shall file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end or amendments, if applicable. A termination report may be submitted at any time. A political party that loses its status as a qualified party shall file a termination statement by 5:00 p.m. central time the last Friday in January following the calendar year in which qualified party status was lost;
(5) County political party and auxiliary organization shall file a pre-general and, if applicable, supplemental report and amendments in even numbered years. A termination report may be submitted at any time; and
(6) Statewide ballot question committee shall file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years. In odd numbered years shall file a year-end and, if applicable, amendments. A termination report may be submitted at any time. If a statewide ballot question committee does not list any activity on the next required campaign finance report submitted to the secretary of state, that committee has until the next reporting period to report activity. If that committee does not have any activity to report by the next reporting period, the committee shall submit a termination report by that reporting period deadline.
A campaign finance disclosure statement shall be submitted to the secretary of state by the treasurer of each committee who shall file the following financial disclosure reports in accordance with the time frames stated in this chapter: pre-primary, pre-general, year-end, amendment, supplemental, and a termination when a committee is terminating its existence.
A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 22; SL 2008, ch 67, § 6; SL 2009, ch 67, § 1; SL 2010, ch 76, § 3, eff. Mar. 25, 2010; SL 2011, ch 84, § 1; SL 2012, ch 18, § 10; SL 2015, ch 78, § 1; SL 2015, ch 79, § 1; SL 2016, ch 78, § 2; SL 2017, ch 222 (Initiated Measure 22), § 21; SL 2017, ch 72, § 20, eff. Feb. 2, 2017; SL 2017, ch 71, § 22; SL 2018, ch 83, § 3; SL 2019, ch 79, § 1.
12-27-22.1. Circumstances under which campaign finance disclosure report not required.
No campaign finance disclosure report is required to be submitted by a political committee that regularly submits a campaign finance disclosure report with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service.
Source: SL 2016, ch 78, § 3; SL 2017, ch 71, § 24.
12-27-22.2. Reports only include contributions and expenditures related to this state.
If a political committee treasurer is required to file a report with the secretary of state, the report may only include contributions and expenditures related to this state.
Source: SL 2017, ch 71, § 25.
12-27-24. Contents of campaign finance disclosure report.
A campaign finance disclosure report shall include the following information:
(1) The political committee name, mailing address, telephone number, and, if applicable, e-mail address;
(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, if any of the political committee's treasurer;
(3) The type of campaign report (pre-primary, pre-general, year-end, amendment, supplement, or termination);
(4) For any ballot question committee, the ballot question name and whether the committee supports or opposes the ballot question;
(5) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(6) The total amount of all contributions received during the reporting period;
(7) The total amount of any donated good or service received during the reporting period;
(8) The total of refunds, rebates, interest, or other income not previously identified during the reporting period;
(9) The total of expenditures made during the reporting period;
(10) The cash balance on hand as of the close of the reporting period;
(11) All contributions of one hundred dollars or less shall either be aggregated and reported as a lump sum or the contributions shall be listed individually;
(12) The name, mailing address, city, and state of each person making a contribution of more than one hundred dollars in the aggregate during any calendar year and the amount of the contribution. Any contribution from an entity after July 1, 2017, or political committee shall be itemized. Any contribution from a federal political committee or political committee organized outside this state shall also include the name and website address of the filing office where campaign finance disclosure reports are regularly filed for the committee. If any information required by the section is unknown to the political committee, the political committee may not deposit the contribution;
(13) Any donated good or service contribution shall contain the same information as for any monetary contribution, and shall also include a description of the donated good or service contribution;
(14) Any monetary or donated good or service contribution made by a political committee to any political committee or nonprofit charitable entity shall be itemized;
(15) A categorical description and amount of any refunds, rebates, interest, sale of property, or other receipts not previously identified during the reporting period;
(16) A categorical description and amount of any funds or donations by any entity to its political committee for establishing and administering the political committee and for any solicitation costs of the political committee;
(17) Each loan received shall be reported in the same manner as a contribution;
(18) Each loan repayment shall be reported in the same manner as an expenditure;
(19) Any expenditure made during the reporting period shall be categorized as disbursements and itemized by expense categories. A miscellaneous expense category is prohibited. Any contribution made by the political committee that is not in exchange for any item of value or service shall be itemized;
(20) The amount of any independent communication expenditure from a political committee made during the reporting period, and lists the name of the candidate, public office holder, or ballot question related to the independent communication expenditure and a description of the independent communication expenditure;
(21) A ballot question committee shall provide the information contained in any statement provided pursuant to § 12-27-19; and
(22) A certification that the contents of the statement are true and correct signed by the treasurer of the political committee.
Source: SL 2007, ch 80, § 24; SL 2016, ch 78, § 4; SL 2017, ch 222 (Initiated Measure 22), § 22; SL 2017, ch 72, § 21, eff. Feb. 2, 2017; SL 2017, ch 71, § 26; SL 2018, ch 88, § 1, eff. Feb. 5, 2018; SL 2018, ch 84, § 8.
12-27-25. Termination report.
The last campaign finance report filed shall be a termination report. The termination report shall be filed by the treasurer within thirty days following disposition of all funds and property and the payment of all obligations. If a termination pursuant to § 12-27-29.2 occurs, this section does not apply.
Source: SL 2007, ch 80, § 25; SL 2008, ch 67, § 8; SL 2017, ch 71, § 28.
12-27-26. Requirements for dissolution of political committee.
A political committee may not dissolve until the political committee has settled all of its debts, disposed of all of its assets, and filed a termination statement.
Source: SL 2007, ch 80, § 26.
12-27-27. Conditions requiring filing of amended statement or report--Time for filing--Violation as misdemeanor--Civil penalty.
Any treasurer or other person filing a statement or report pursuant to this chapter, shall file an amended statement or report within seven days of discovering any omission, inaccuracy, or other change necessary to make the statement or report accurate. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to report a material change or correction, is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to file an amendment pursuant to this section is subject to the administrative penalty in § 12-27-29.1 beginning on the first day following the seventh day after the candidate, treasurer, or other person is notified of the omission, inaccuracy, or other change necessary to make the statement or report accurate.
Source: SL 2007, ch 80, § 27; SL 2008, ch 67, § 9; SL 2017, ch 71, § 29.
12-27-28. Conditions requiring filing of supplemental report--Time for filing--Violation as misdemeanor.
If any political committee required to file a campaign finance disclosure report pursuant to this chapter receives a contribution of five hundred dollars or more within the twenty days immediately prior to an election for which a campaign finance disclosure report may be filed, a supplemental report shall be filed. The report shall state the name and mailing address of the contributor and the amount and date of the contribution, and information contained in any report provided under § 12-27-19, if applicable. The report shall be filed by the treasurer within forty-eight hours of the receipt of the contribution. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 28; SL 2008, ch 67, § 12; SL 2017, ch 71, § 30.
12-27-29. Records required to be kept by treasurer of political committee--Violation as misdemeanor.
The treasurer of a political committee shall maintain and preserve detailed and accurate records of the following:
(1) Each contribution received by the political committee. Any contribution of one hundred dollars or less shall be noted on the political committee's books and a running total of each contributor shall be maintained;
(2) Each donated good or service contribution received by the political committee. Upon request of the treasurer, any person making a donated good or service contribution shall provide all necessary information to the treasurer, including the value of the contribution;
(3) In the case of a ballot question committee, the information required by § 12-27-19 for any entity contribution;
(4) Each loan received or made by the political committee;
(5) Each refund, rebate, interest, or other income received by the political committee;
(6) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an explanation of each, for each expenditure;
(7) The name and address of any financial institution where an account or depository for the political committee is maintained including the account number.
The treasurer shall maintain and preserve the records for a period of seven years or three years past the date of filing the termination statement for the election for which the contribution or expenditure was made, whichever is earlier. A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 29; SL 2017, ch 71, § 31; SL 2018, ch 84, § 9.
12-27-29.1. Civil penalty for failure to timely file statement, amendment, or correction.
In addition to any other penalty or relief provided under this chapter, the secretary of state, may impose a civil penalty for the failure to timely file any statement, amendment, or correction required to be filed by this chapter. The civil penalty is two hundred dollars for each violation. If any violation is made by a county political party or auxiliary organization, the civil penalty is fifty dollars for each violation. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.
Source: SL 2008, ch 67, § 10; SL 2009, ch 67, § 2; SL 2017, ch 222 (Initiated Measure 22), § 24, eff. Nov. 16, 2016; SL 2017, ch 72, § 23, eff. Feb. 2, 2017; SL 2017, ch 71, § 32.
12-27-29.2. Order assessing penalty--Contents--Appeal--Termination of committee.
Any civil penalty imposed pursuant to § 12-27-29.1 shall be assessed against the violator by an order of the secretary of state. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The secretary of state shall serve the order and assessment by certified mail. The order shall contain a statement that the violator may appeal the order within thirty days after receipt of the order by filing a written request for a contested case hearing with the Office of Hearing Examiners. If no contested case hearing is requested within sixty days of service by certified mail, a civil penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by the secretary of state in the manner provided for the execution of money judgments provided in chapter 15-18.
An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26. The venue of the appeal shall be in Hughes County.
If the secretary of state does not receive the payment of the penalty and the delinquent report within thirty-five days of the date of the order, the secretary of state may terminate that committee. If a committee is terminated, the secretary of state shall mail a termination letter to the last address on record for the treasurer.
Source: SL 2008, ch 67, § 11; SL 2016, ch 78, § 5; SL 2017, ch 71, § 33; SL 2020, ch 48, § 1.
12-27-29.3. Prohibition of certification as candidate for failure to pay penalties or file required documents.
No candidate who is listed on a statement of organization for a candidate campaign committee pursuant to §§ 12-27-3 and 12-27-6 may be certified as a candidate for office unless the treasurer of the candidate campaign committee for which the candidate is listed has:
(1) Filed all statements, documents, and information required under this title; or
(2) Paid each civil penalty assessed pursuant to § 12-27-29.1, or any other penalty imposed pursuant to this chapter against the candidate or the treasurer.
Source: SL 2013, ch 68, § 1; SL 2017, ch 71, § 34.
12-27-29.4. Repeated failure to perform duty--Additional penalty--Referral for prosecution.
In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, if the secretary of state finds that any person has failed to perform any duty imposed on that person by this chapter, that person may be assessed an additional penalty not to exceed two hundred fifty dollars. The secretary of state may refer repeated violations of any duty required under this chapter for prosecution by a state's attorney or the attorney general.
Source: SL 2017, ch 73, § 1.
12-27-29.5. Candidate jointly and severally responsible with treasurer for penalty--Decertification.
If a candidate is not the treasurer of the candidate's campaign committee, the penalty of a candidate being decertified, pursuant to this chapter, remains. Notwithstanding any other provisions of law, a candidate is jointly and severally responsible with the treasurer of the candidate's campaign committee for each monetary fine and penalty imposed by this chapter.
Source: SL 2017, ch 71, § 27.
12-27-30. Civil penalty for failure to timely file statement, amendment, or correction with county, township, municipality, school district, or special purpose district.
Notwithstanding the provisions of § 12-25-33, the failure to timely file any statement, amendment, or correction with any county, township, municipality, school district, or special purpose district covered by this chapter pursuant to § 12-27-39 or covered by local ordinance or resolution subjects the treasurer responsible for filing to a civil penalty of fifty dollars per day for each day that the statement remains delinquent. The civil penalty shall be in addition to any criminal sanctions and shall be paid to the county, township, municipality, school district, or special purpose district and deposited in its general fund.
Source: SL 2007, ch 80, § 30; SL 2008, ch 67, § 13.
12-27-31. Forms to be adopted by secretary of state--Oath or affirmation.
The secretary of state shall adopt forms for statements of organization and campaign finance disclosure statements. Each person filing a statement of organization or campaign finance disclosure statement shall subscribe to an oath or affirmation verifying that the contents of the statement are true and correct to the best of the knowledge and belief of the signer.
Source: SL 2007, ch 80, § 31.
12-27-32. Preservation and destruction of statements in public records.
The secretary of state shall endorse the date of the filing on each statement filed pursuant to this chapter, and shall preserve the statement electronically among the public records of the office. However, the statement may be destroyed if the Records Destruction Board, acting pursuant to § 1-27-19, declares the records to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 2007, ch 80, § 32; SL 2017, ch 71, § 35.
12-27-33. Sale and certain uses of information in statements or reports prohibited--Misdemeanor.
No information copied, or otherwise obtained, from any statement or report, or copy, reproduction, or publication thereof, filed with the secretary of state, county auditor, or other person in charge of conducting the election under this chapter may be sold or utilized by any person for any commercial purpose or for the purpose of soliciting contributions. Any violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 33; SL 2017, ch 71, § 36.
12-27-34. Intentionally false or misleading statements prohibited--Felony.
Any person who intentionally makes any false, fraudulent, or misleading statement or entry in any statement of organization, campaign finance disclosure statement, other statement, or amendment filed pursuant to this chapter is guilty of a Class 5 felony.
Source: SL 2007, ch 80, § 34.
12-27-35. Investigation and prosecution of violations by attorney general--Civil actions.
The attorney general shall investigate and prosecute any violation of the provisions of this chapter relating to a legislative office, statewide office, or political committee and prosecute any violation thereof. In lieu of bringing a criminal action, the attorney general may elect to file a civil action. In a civil action, in addition to other relief, the court may impose a civil penalty in an amount not to exceed ten thousand dollars for each violation. Any civil penalty recovered shall be paid to the state general fund. A civil action brought by the attorney general shall be commenced in Hughes County or in the county where the person resides.
Source: SL 2007, ch 80, § 35; SL 2008, ch 67, § 14; SL 2017, ch 222 (Initiated Measure 22), § 25, eff. Nov. 16, 2016; SL 2017, ch 72, § 24, eff. Feb. 2, 2017; SL 2017, ch 71, § 37; SL 2018, ch 84, § 10.
12-27-36. Access to records by attorney general--Violation as misdemeanor.
The attorney general may, for the purpose of enforcing the provisions of this chapter, inspect or examine any political committee records required to be maintained by this chapter. Any person having charge, control, or possession of political committee records who neglects or refuses the attorney general reasonable access to any records required to be maintained by this chapter that are necessary to enforce the provisions of this chapter is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, § 36; SL 2017, ch 222 (Initiated Measure 22), § 26, eff. Nov. 16, 2016; SL 2017, ch 72, § 25, eff. Feb. 2, 2017; SL 2017, ch 71, § 38.
12-27-37. Confidentiality of records.
The attorney general shall keep each record inspected or examined confidential except when the records are used to enforce provisions of this chapter associated with a criminal or civil action.
Source: SL 2007, ch 80, § 37; SL 2017, ch 222 (Initiated Measure 22), § 27, eff. Nov. 16, 2016; SL 2017, ch 72, § 26, eff. Feb. 2, 2017.
12-27-38. Candidate may not be certified or to forfeit office for felony violation.
If any candidate is proved in a contest of an election to have violated any provision of this chapter punishable by a felony, the candidate may not be certified for election or the candidate shall forfeit his or her office. The office shall be declared vacant and shall be filled in the manner provided by law for filling vacancies occasioned by death or resignation.
Source: SL 2007, ch 80, § 38; SL 2018, ch 84, § 11.
12-27-39. Application of campaign finance requirements.
The provisions of this chapter apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than ten thousand according to the most recent Federal census, ballot questions in first class municipalities, and school district offices and ballot questions in school districts with more than two thousand average daily membership. Any municipal or school district election covered by this chapter shall conform to the contribution limits applicable to legislative offices. This chapter does not apply to the unified judicial system, nor does this chapter apply to any township or special purpose district offices or ballot questions or elections for municipal offices. However, the governing body of any county, township, municipality, school district, or special purpose district not otherwise covered by this chapter may adopt an ordinance or resolution to make the provisions of this chapter, with or without amendments, applicable to county, township, municipal, school district, or special purpose district elections.
Source: SL 2007, ch 80, § 39; SL 2012, ch 86, § 1; SL 2016, ch 79, § 1; SL 2017, ch 71, § 39.
12-27-40. Investigation and prosecution of violations by state's attorney--Civil actions.
The state's attorney shall investigate any violation of the provisions of this chapter relating to elections for county and school district office or county, municipal, or school district ballot questions, and prosecute any violation thereof. In lieu of bringing a criminal action, the state's attorney may elect to file a civil action for any violation of this chapter. In a civil action, in addition to other relief, the court may impose a civil penalty in an amount not to exceed one thousand dollars for each violation. Any civil penalty recovered shall be paid to the county general fund if the violation arose out of a county office or ballot question, municipal general fund if the violation arose out of a municipal ballot question, or the school district general fund if the violation arose out of a school district office or ballot question. A civil enforcement action for a violation of the chapter concerning a municipal ballot question may, with the consent of the state's attorney, be brought by the municipality's attorney. A civil enforcement action for a violation of the chapter concerning a school district office or ballot question may, with the consent of the state's attorney, be brought by the school district's attorney. A civil action brought under this section shall be commenced in the county where filings under the chapter are required, in the county where the person resides, or in the county where the organization, political party, or political committee has its principal office.
Source: SL 2007, ch 80, § 40; SL 2008, ch 67, § 15; SL 2012, ch 86, § 2.
12-27-41. Filing by electronic transmission.
Any statement required to be filed under this chapter may be filed by electronic transmission in accordance with the methods approved by the secretary of state. To be timely filed, any statement received by electronic transmission shall be legible and readable when received by the means it was delivered.
Source: SL 2007, ch 80, § 41; SL 2012, ch 18, § 12; SL 2017, ch 222 (Initiated Measure 22), § 28; SL 2017, ch 72, § 27, eff. Feb. 2, 2017.
12-27-42. Place of filing.
Any statement, form, or filing required by this chapter shall be filed with the secretary of state in the case of a statewide office or legislative office election. Any statement, form, or filing required by this chapter shall be filed with the county auditor in the case of a county office election, with the municipal finance officer or clerk in the case of a municipal ballot question election, with the school business manager in the case of a school district office election, or with the person in charge of the election in the case of other political subdivisions or special purpose districts.
Source: SL 2007, ch 80, § 42; SL 2012, ch 86, § 3; SL 2016, ch 78, § 6.
12-27-43. Action for civil penalty for certain violations.
The attorney general may bring an action for a civil penalty against any person, political committee, political party, or organization that violates § 12-27-16 or 12-27-17, in addition to any other penalties provided by law. The civil penalty may not exceed two thousand dollars for each violation.
Source: SL 2007, ch 80, § 44.
12-27-45. Additional standards adopted by political subdivision.
Nothing is this chapter prevents any political subdivision from adopting additional standards or requirements relating to campaign finance for elections held under the political subdivision's own jurisdiction that are more stringent than the provisions of this title.
Source: SL 2012, ch 86, § 4.
12-27-47. Affidavit alleging violation of campaign finance requirements--Contested case--Referral for investigation.
Any person may file with the secretary of state a sworn affidavit alleging a violation of the campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied and identify any source of factual information. If the sworn affidavit has sufficiently substantiated facts that lead the secretary of state to believe there is probable cause that a requirement under this chapter has been violated, the secretary of state may commence the contested case procedure pursuant to chapter 1-26 to remedy the violation or impose a civil penalty. The secretary of state may refer the complaint to the Division of Criminal Investigation for an investigation pursuant to chapter 23-3 and shall notify the subject of the affidavit of the referral by certified mail.
Source: SL 2017, ch 73, § 2.
12-27-47.1. Report of certain campaign finance violations to secretary of state--Investigation--Civil penalty.
Any resident of South Dakota may report a violation of § 12-27-12, 12-27-16(1), or 12-27-19 to the secretary of state, who shall investigate the alleged violation and determine whether a violation occurred. In addition to any criminal penalty imposed under § 12-27-12, 12-27-16(1), or 12-27-19, the court may impose on any person, committee, or entity found in violation of § 12-27-12, 12-27-16(1) or 12-27-19 a civil penalty of five thousand dollars per violation to be deposited in the state general fund.
Source: SL 2019, ch 237 (Initiated Measure 24), § 2, eff. July 1, 2019; SL 2024, ch 16, § 5.
12-27-48. False allegation of misconduct as misdemeanor.
Any person who knowingly makes a false allegation pursuant to § 12-27-47, 23-3-72, or 23-3-73 is guilty of a Class 2 misdemeanor.
Source: SL 2017, ch 73, § 7; SL 2018, ch 84, § 12.
12-27-49. Effect of secretary of state's filing or refusing to file document.
The Office of the Secretary of State's duty to file a document under this chapter is ministerial. If the Office of the Secretary of State files or refuses to file a document, it does not:
(1) Affect the validity or invalidity of the document in whole or part;
(2) Relate to the correctness or incorrectness of information contained in the document; or
(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.
Source: SL 2017, ch 71, § 40.
12-27-50. Limitation on uses for contributions received by candidate campaign committee.
Contributions received by a candidate campaign committee may only be used for:
(1) A purpose related to a candidate's campaign;
(2) Expenses incident to being a public official or former public official; or
(3) Donations to any other candidate, political committee, or nonprofit charitable organization.
Source: SL 2017, ch 71, § 41.
12-27-51. Period to cure campaign finance violation.
Prior to bringing a charge against any person who is subject to a Class 2 misdemeanor under this chapter, the agent of the state who is bringing the charge shall provide the person with a period, not in excess of seven days, during which the person may cure the violation.
Source: SL 2019, ch 80, § 1.
