11C 100th Legislative Session 11
AMENDMENT 11C
FOR
THE SENATE STATE AFFAIRS ENGROSSED BILL
Introduced by: Senator Rohl
An Act to limit the amount of money that a political committee may accept from an inactive candidate campaign committee.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 12-27-1 be AMENDED:
12-27-1. Terms used in this chapter mean:
(1) "Auxiliary organization," an association or other group of persons acting in concert that is designated by the political party's bylaws or constitution as an auxiliary organization, provided the term does not mean an association or other group of persons acting in concert if the association or group:
(a) Only accepts contributions to support the volunteer activities of the association or group; and
(b) Does not contribute any money, donated goods or services, or independent communication expenditures to any political committee except a political party;
(2) "Ballot
question," any referendum,
initiative, proposed constitutional
initiated measure, initiated
amendment
to the South Dakota Constitution,
or other measure submitted to voters at any election;
(2)(3) "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)(4) "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)(5) "Candidate,"
any person who seeks nomination for or election to public office.
A person is a candidate if the person raises,
and:
(a) Raises,
collects, or disburses contributions in excess of five hundred
dollars;
has
(b) Has
authorized the solicitation of contributions or the making of
expenditures;
has
(c) Has
been certified as a candidate by a political party;
has
(d) Has
created a candidate campaign committee for the purpose of obtaining
public office; or
has
(e) Has taken all actions required by state law to qualify for nomination for or election to public office;
(5)(6) "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)(7) "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,
other than services provided by a person volunteering for or on
behalf of a candidate or political committee, including the free or
discounted use of the person's residence,
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,
made for the purpose of influencing the nomination, election, or
re-election of any person to public office, the placement of a ballot
question on the ballot, or the adoption or defeat of any ballot
question submitted, provided the term
does not
include
the:
(a) The
purchase of any item of value or service from any political
committee.
The purchase price of the item may not exceed
at the fair
market value
and may not include an intent to contribute
of the item of service, if the political committee does not intend to
provide anything to the purchaser
beyond the
item's
value.
A contribution does not include administration
of the item or service;
(b) Administration
and solicitation of a contribution for a political action committee
established by an entity or its associated expenses,
nor the use;
(c) The
use of an
entity's real or personal property located on its business premises
for
such
the purposes.
A contribution does not include nominal
of administering and soliciting a contribution for the political
action committee established by the entity; or
(d) The
nominal use of
a:
(i) A
candidate's real or personal property
or nominal use of resources;
or
(ii) Resources available at a candidate's primary place of business;
(7)(8) "County
office," any elected office at a county in this state;
(8)(9) "Election,"
any election for public office; any general, special, primary, or
runoff election; and any election on a ballot question;
(10) "Entity," except for a candidate, public office holder, or political committee, any:
(1) 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;
(2) Local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation and membership;
(3) Trade or professional association that receives its funds from membership dues or service fees, whether organized inside or outside of the state;
(4) Other entity of any kind, except a natural person that is, has been, or could be recognized by law; or
(5) Group of persons, acting in concert, that is not a political committee under this chapter;
(9)(11) "Expressly
advocate," any communication that:
(a) Uses words to explicitly advocate for election, passage, or defeat, including:
(i) Vote;
(ii) Re-elect;
(iii) Support;
(iv) Cast your ballot for;
(v) Reject; or
(vi) Defeat; and
(b) 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:
(i) The election or defeat of a candidate or public office holder;
(ii) The
placement of a ballot question on the ballot
or the;
or
(iii) 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)(c) 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
urging 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
suggests only
one meaning; and
(ii) Reasonable minds could not
differ as to whether
it
the communication
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)(12) "Immediate
family,"
a
a person who is:
(a) The
spouse of a candidate or public office holder;
a
(b) 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
(c) Any
relative within the third degree of kinship of the candidate or the
candidate's spouse, and the spouses of
such
the relatives;
(13) "Inactive candidate campaign committee," the candidate campaign committee of a candidate who:
(a) Is not holding or actively pursuing nomination for or election to a public office, has failed to secure the nomination for a public office, or has lost the election for that office; and
(b) Has not filed a termination report pursuant to § 12-27-25;
(11)(14) "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
that 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,
provided the
term does not include
administration:
(a) Administration
and solicitation of any contribution for a political action committee
established by an entity and associated expenses,
nor the
(b) The
use of an entity's real or personal property located on its business
premises for
such
purposes.
The term does not include any
of administering and soliciting any contribution for a political
action committee established by the entity;
(c) Any
communication by a person made in the regular course and scope of the
person's business or ministry
or any;
or
(d) Any communication made by a membership organization solely to any member of the organization and the member's family;
(12)(15) "Donated
good or service," a good or service provided at no charge or for
less than its fair market value.
The,
provided 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)(16) "Legislative
office," the Senate and the House of Representatives of the
South Dakota Legislature;
(14)(17) "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)(18) "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)(19) "Person,"
a natural person;
(17)(20) "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)(21) "Political
committee," any candidate campaign committee, political action
committee, political party, or ballot question committee;
(19)(22) "Political
party," any state or county
political party
association organized pursuant to chapter 12-5
and qualified
to participate in a primary or general election, including any
auxiliary organization of
such
a 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)(23) "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)(24) "Treasurer,"
the treasurer is
the person who is designated as and has agreed to
serve as the person
be responsible
for each required filing that a committee is required to make under
this title;
(22)(25) "Treasury
funds,"
funds of
moneys of an
entity not raised or collected from any other source for the purpose
of influencing a ballot question;
and
(23)(26) "Volunteer,"
any person who provides services free of charge.
Section 2. That § 12-27-7 be AMENDED:
12-27-7. 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) Not to exceed four thousand dollars from an inactive candidate campaign committee;
(4) Without limit from a political action committee;
(4)(5) Without
limit from a political party; and
(5)(6) 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
is 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.
Section 3. That § 12-27-8 be AMENDED:
12-27-8. 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) Not to exceed one thousand dollars from an inactive candidate campaign committee;
(4) Without limit from a political action committee;
(4)(5) Without
limit from a political party; and
(5)(6) 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
is 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.
Section 4. That § 12-27-9 be AMENDED:
12-27-9. 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) Not to exceed ten thousand dollars from an inactive candidate campaign committee;
(4) Without limit from a political action committee;
(4)(5) Without
limit from a political party;
(5)(6) Without
limit from a candidate campaign committee; and
(6)(7) Not
to exceed ten thousand dollars from a ballot question committee.
Any contribution from a person
who is an unemancipated minor
shall be
is 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.
Section 5. That § 12-27-10 be AMENDED:
12-27-10. 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) Not to exceed ten thousand dollars from an inactive candidate campaign committee;
(4) Without limit from a political action committee;
(4)(5) Without
limit from a political party; and
(5)(6) 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
is 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.
Section 6. That § 12-27-22 be AMENDED:
12-27-22.
A
The
treasurer of a political committee listed in this section shall file
a campaign
finance disclosure statement shall
be submitted to
or report with
the secretary of state.
The treasurer of each
as follows:
(1) Candidate
or
For a candidate,
candidate campaign committee,
or inactive 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
and in odd
numbered years shall file a year-end
report and, if
applicable, amendments.
A termination report may be submitted at any time;
(2) All
candidates running
For a candidate, candidate campaign committee, or inactive candidate
campaign committee
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
for 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
For
a 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
and odd
numbered years shall file a year-end
or
report and, if
applicable, amendments.
A termination report may be submitted at any time;
(4) Statewide
For
a statewide political
party
shall,
file a pre-primary, pre-general, year-end and, if applicable,
supplemental report and amendments in even numbered years.
In
and 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
For
a 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
For
a 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
and 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.The
treasurer of a political committee listed in this section may submit
a termination report at any time.
If a political party loses its status as a qualified party, the party must file a termination statement by five p.m. central time on the last Friday in January following the calendar year in which qualified party status was lost. 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 violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Underscores indicate new language.
Overstrikes
indicate deleted language.