ENTITLED, An Act to revise certain provisions concerning campaign finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-16 be amended to read as follows:
12-27-16. The following apply to independent expenditures by individuals and organizations
related to communications advocating for or against candidates, public office holders, ballot
questions, or political parties:
(1) Any person or organization that makes a payment or promise of payment totaling one
hundred dollars or more, including an in-kind contribution, for a communication which
expressly advocates for or against 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 organization making the independent expenditure for that
communication;
(b) States the address or website address of the person or organization;
(c) States that the communication is independently funded and not made in
consultation with any candidate, political party, or political committee; and
(d) If the independent expenditure is undertaken by an organization not including a
candidate, public office holder, political party, or political committee, then the
following notation must also be included: "Top Five Contributors" followed by a
listing of the names of the five persons making the largest contributions to an
organization during the twelve months preceding that communication.
A violation of this subdivision is a Class 1 misdemeanor;
(2) Any person or organization that makes a payment or promise of payment of one hundred
dollars or more, including an in-kind contribution, for a communication described in
subdivision (1) shall file a statement within forty-eight hours of the time that the
communication is disseminated, broadcast, or otherwise published;
(3) The statements required by this section shall include the name, street address, city, and
state of the person or organization and, any expenditures made for communications
described in subdivision (1) during that 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.
For an organization, the 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 organization;
(4) For an organization 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 address each person, partner, owner, trustee, beneficiary, participant, shareholder, or
member who owns, controls, or comprises ten percent or more of the organization;
(5) An organization shall also provide supplemental statements, as defined in subdivision (3),
for any of its partners, owners, trustees, beneficiaries, participants, members, or
shareholders identified pursuant to subdivision (4) which 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 organization
identified in the supplemental statements meets the ownership test set forth in subdivision
(4);
(6) For the purposes of this section, the term, communication, does not include:
(a) Any news articles, editorial endorsements, opinion, or commentary writings, or
letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other
periodical not owned or controlled by a candidate, political committee, or political
party;
(b) Any editorial endorsements or opinions aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(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
organization solely to members of the organization and the members' families; and
(d) Any communication that refers to any candidate only as part of the popular name
of a bill or statute.
Section 2. That § 12-27-17 be amended to read as follows:
12-27-17. Any political committee, organization, person, or political party that makes a payment
or promise of payment totaling one hundred dollars or more, including an in-kind contribution, for
a communication that clearly identifies a candidate or public office holder, but does not expressly
advocate the election or defeat of the candidate or public office holder, and that is disseminated,
broadcast, or otherwise published, shall file a statement with the secretary of state disclosing the
name, street address, city, and state of such political committee, organization, person, or political
party. The statement shall also include the name of the candidate or public office holder mentioned
in the communication, the amount spent on the communication, and a description of the content of
the communication. The statement shall be received and filed within forty-eight hours of the time
that the communication is disseminated, broadcast, or otherwise published.
For the purposes of this section, the term, communication, does not include:
(1) Any news articles, editorial endorsements, opinion or commentary writings, or letter to
the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not
owned or controlled by a candidate, political committee, or political party;
(2) Any editorial endorsements or opinions aired by a broadcast facility not owned or
controlled by a candidate, political committee, or political party;
(3) 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 members of the organization and the members' families;
(4) Any communication that refers to any candidate only as part of the popular name of a bill
or statute; and
(5) Any communication used for the purpose of polling if the poll questions do not expressly
advocate for or against a candidate, public office holder, ballot question, or political party.
Section 3. That chapter 12-27 be amended by adding thereto a NEW SECTION to read as
follows:
Any political committee, organization, person, or political party that makes a communication as
defined in § 12-27-17, which does not expressly advocate for or against a candidate, public office
holder, ballot question, or political party, shall append to or include in each communication a
disclaimer that:
(1) Identifies the political committee, organization, person, or political party making the
communication; and
(2) States the address or website address of the political committee, organization, person, or
political party.
If the communication is an independent expenditure made by a person or organization, 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 organization not including a candidate, public office holder, political
party, or political committee, then the following notation must also be included: "Top Five
Contributors" followed by a listing of the names of the five persons making the largest contributions
to an organization during the twelve months preceding that communication.
A violation of this section is a Class 1 misdemeanor.
Section 4. That § 12-27-3 be amended to read as follows:
12-27-3. 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. 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. The statement or 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.
Section 5. That § 12-27-6 be amended to read as follows:
12-27-6. The statement of organization shall include:
(1) The name, street address, postal address, and daytime telephone number of the committee;
(2) The name, street address, postal address, and daytime 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, street address, and postal
address of the candidate;
(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, street address, and postal address
of the organization with which the committee is connected or affiliated, or if the
committee is not connected or affiliated with any one organization, the trade, profession,
or primary interest of the committee;
(6) If the committee is organized as a corporation under federal or state laws for liability
purposes only as authorized by § 12-27-4, a statement affirming such organization; and
(7) The name, street address, postal address, and telephone number of each financial
institution where an account or depository is maintained.
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 or filed electronically 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.
An Act to revise certain provisions concerning campaign finance.
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I certify that the attached Act
originated in the
SENATE as Bill No. 200
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 200
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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