reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-16 - Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.

12-26-16. Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.
It is a Class 2 misdemeanor for any person, directly or indirectly, by himself or through any other person:
(1)To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls at any such election;
(2)To receive any money or other valuable thing during or after an election, for himself or any other person for having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having gone to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, for any particular person at such election.
Source:
SL 1891, ch 58, §2; RPenC 1903, §57; RC 1919, §3649; SDC 1939, §13.0921; SL 1982, ch 86, §122.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-17 - Bribery or acceptance of bribe as infamous crime--Forfeiture of office.

12-26-17. Bribery or acceptance of bribe as infamous crime--Forfeiture of office.
Any person committing the offense of bribery of voters or receiving a bribe as specified in §§12-26-15 and 12-26-16 is guilty of an infamous crime, and any person convicted thereof shall, in addition to the criminal punishment, forfeit any office to which he may have been elected at the election at which such offense was committed.
Source:
SL 1891, ch 58, §7; RPenC 1903, §64; RC 1919, §3655; SDC 1939, §13.0922; SL 1976, ch 105, §75; SL 1982, ch 86, §123.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-19 - Betting with intent to procure challenge as misdemeanor.

12-26-19. Betting with intent to procure challenge as misdemeanor.
Any person who shall directly or indirectly make a bet with a voter depending upon the result of any election, with the intent thereby to procure the challenge of such voter or to prevent his voting at an election, is guilty of a Class 2 misdemeanor.
Source:
SL 1891, ch 58, §3; RPenC 1903, §58; RC 1919, §3650; SDC 1939, §13.0918; SL 1982, ch 86, §124.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-21 - Disobedience of precinct superintendent or precinct deputy as misdemeanor.

12-26-21. Disobedience of precinct superintendent or precinct deputy as misdemeanor.
A person who intentionally disobeys a lawful command of a precinct superintendent or precinct deputy of any election, given in the execution of the person's duty as such at an election, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.0923; SL 1982, ch 86, §125; SL 1999, ch 69, §49.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-22 - Disturbance of election proceedings as misdemeanor.

12-26-22. Disturbance of election proceedings as misdemeanor.
No person may cause any disturbance or breach of the peace, or engage in disorderly conduct in violation of §22-18-35, or use threats of violence, whereby an election is impeded or hindered, or whereby the lawful proceedings of the precinct superintendent or precinct deputies, ballot counters, or canvassers of an election, in the discharge of the person's duty, are interfered with. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §13.0924; SL 1982, ch 86, §126; SL 1993, ch 118, §29; SL 1999, ch 69, §50.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-23 - Tampering with ballots, ballot box, or poll list as felony.

12-26-23. Tampering with ballots, ballot box, or poll list as felony.
A person who intentionally breaks, destroys, steals, or conceals any ballot box or any poll list used or intended to be used at any election, or who, before the ballots have been counted or canvassed, or during the time within which a contest or recount may be instituted or is pending and undisposed of, shall intentionally deface, change, injure, destroy, steal, or conceal any ballot or ballots which have been voted and deposited in any ballot box at an election, is guilty of a Class 6 felony.
Source:
PenC 1877, §83; CL 1887, §6283; RPenC 1903, §88; RC 1919, §3675; SL 1923, ch 179; SDC 1939, §13.0925; SL 1982, ch 86, §127.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-23.1 - Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony.

12-26-23.1. Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony.
No person may intentionally program or alter an automatic ballot counting device, direct recording electronic voting machine, or electronic ballot marking system to erroneously mark, record, or count voted ballots or to render an erroneous total. A violation of this section is a Class 5 felony.
Source:
SL 1989, ch 136; SL 2005, ch 92, §10.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-24 - Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor.

12-26-24. Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor.
A precinct superintendent or precinct deputy who intentionally excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at the election, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.0926; SL 1974, ch 118, §198; SL 1982, ch 86, §128; SL 1999, ch 69, §51.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-25 - False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate.

12-26-25. False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate.
No precinct superintendent, precinct deputy, member of any counting board, member of any board of canvassers, messenger, or other officer authorized to take part in or perform any duty in relation to any count, canvass, or official statement of the votes cast at any election, may intentionally make any false count or canvass of the votes, or make, sign, publish, or deliver any false return of the election, knowing it to be false. No such person may intentionally deface, destroy, or conceal any statement or certificate entrusted to the person's care. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §13.0927; SL 1982, ch 86, §129; SL 1993, ch 118, §30; SL 1999, ch 69, §52.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-27 - Bribery of election official as misdemeanor.

12-26-27. Bribery of election official as misdemeanor.
A person who gives or offers a bribe to any precinct superintendent, precinct deputy, canvasser, or other officer of an election as a consideration for doing or omitting to do any act in violation of the person's official duty in relation to such election, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.0929; SL 1982, ch 86, §130; SL 1999, ch 69, §53.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-28 - Offenses relating to election on submitted question.

12-26-28. Offenses relating to election on submitted question.
Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to voters to be decided by votes cast at an election.
Source:
PenC 1877, §93; CL 1887, §6293; RPenC 1903, §98; RC 1919, §3682; SDC 1939, §13.0901.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-29 - Prevention of unlawful election not prohibited.

12-26-29. Prevention of unlawful election not prohibited.
Nothing in this chapter shall be construed to authorize the punishment of any person who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted.
Source:
PenC 1877, §92; CL 1887, §6292; RPenC 1903, §97; RC 1919, §3681; SDC 1939, §13.0902.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-30 - Irregularities in proceedings not a defense.

12-26-30. Irregularities in proceedings not a defense.
Irregularities or defects in the mode of noticing, convening, holding, or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter.
Source:
PenC 1877, §91; CL 1887, §6291; RPenC 1903, §96; RC 1919, §3680; SDC 1939, §13.0903.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 26 - Offenses Against The Elective Franchise › Section 12-26-31 - Offender as witness against another--Compelling testimony--Immunity from prosecution.

12-26-31. Offender as witness against another--Compelling testimony--Immunity from prosecution.
A person offending against any provision of this title is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, and he shall not thereafter be liable to prosecution or punishment for the offense with reference to which his testimony was given.
Source:
SL 1891, ch 58, §6; RPenC 1903, §63; RC 1919, §3654; SDC 1939, §13.0904; SL 1939, ch 240, §3; SDC Supp 1960, §13.0930; SL 1974, ch 118, §199.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-2 - Political committee chair and treasurer required--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-3 - Statements of organization to be filed for political action committee, candidate campaign committee, and ballot question committee--Violation as misdemeanor.

12-27-3. 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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-6 - Contents of statement of organization.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-7 - Limits on contributions to statewide candidate or candidate's campaign committee--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-8 - Limits on contributions to legislative or county 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 .
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-9 - Limits on contributions to political action committee--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-10 - Limits on contributions to political party--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-10.4 - Affiliated entities sharing single contribution limit.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-11 - Required information about contributors--Contributions from unknown source to be donated to charitable entity--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-12 - Disguised contributions prohibited--Misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-13 - Property purchased with contributions to be property of political committee.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-14 - Report of property sale by political committee--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-15 - Political communications to contain certain language--Exceptions--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-16.1 - Statements and disclaimers regarding independent communication expenditures--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.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-18 - Independent communication expenditures--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-18.1 - Acceptance of contributions by ballot question committee.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-18.2 - Contributions to ballot question committee from nonresidents and certain entities prohibited--Civil penalty.

12-27-18.2. Contributions to ballot question committee from nonresidents and certain entities prohibited--Civil penalty.
Any contribution to a statewide ballot question committee by a person who is not a resident of the state at the time of the contribution, a political committee that is organized outside South Dakota, or an entity that is not filed as an entity with the secretary of state for the four years preceding such contribution is prohibited. If a statewide ballot question committee accepts a contribution prohibited by this section, the secretary of state shall impose a civil penalty equal to two hundred percent of the prohibited contribution after notice and opportunity to be heard pursuant to chapter 1-26. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.
Source:
SL 2019, ch 237 (Initiated Measure 24), §1, approved Nov. 6, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-19 - Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-20 - Public funds to influence election outcome prohibited--Penalty.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-21 - Contributions from public entities--Prohibition--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-21.1 - Time for submission of statements--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-22.1 - Circumstances under which campaign finance disclosure report not required.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-22.2 - Reports only include contributions and expenditures related to this state.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-25 - Termination report.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-26 - Requirements for dissolution of political committee.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-27 - Conditions requiring filing of amended statement or report--Time for filing--Violation as misdemeanor--Civil penalty.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-28 - Conditions requiring filing of supplemental report--Time for filing--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-29 - Records required to be kept by treasurer of political committee--Violation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-29.1 - Civil penalty for failure to timely file statement, amendment, or correction.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-29.2 - Order assessing penalty--Contents--Appeal--Termination of committee.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-29.3 - Prohibition of certification as candidate for failure to pay penalties or file required documents.

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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 27 - Campaign Finance Requirements › Section 12-27-29.4 - Repeated failure to perform duty--Additional penalty--Referral for prosecution.

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.