State of South Dakota
|
EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 |
861T0125 | HOUSE LOCAL GOVERNMENT ENGROSSED NO. HB 1179 - 2/9/2012 |
Introduced by: Representatives Kirkeby, Brunner, Deelstra, and Munsterman and Senators
Lederman, Juhnke, Peters, and Schlekeway
|
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.
Section 2. That § 12-27-40 be amended to read as follows:
12-27-40. 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.
Section 3. That § 12-27-42 be amended to read as follows:
12-27-42. 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. However, any county, municipality, school district, or other political
subdivision may, by resolution, direct that any statement, form, or filing required by this chapter
be electronically filed with the secretary of state, rather than being filed with the county,
municipality, school district, or other political subdivision.
Section 4. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as
follows: