CHAPTER 80
(HB 1048)
Campaign finance reform.
ENTITLED, An Act to
reform certain campaign finance requirements and to establish certain fines
and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
Terms used in this Act 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 organization that raises, collects, or disburses
contributions solicited for the placement of a ballot question on the ballot or the
adoption or defeat of any ballot question. A ballot question committee is not a person,
political committee, or political party that makes a contribution to a ballot question
committee. A ballot question committee is not an organization that makes a
contribution to a ballot question committee from treasury funds;
(3) "Candidate campaign committee," any entity organized by a candidate to receive
contributions and make expenditures for the candidate. Only one candidate campaign
committee may be organized for each candidate;
(4) "Candidate," any person who seeks nomination for or election to public office, and for
the purpose of this Act a person is deemed 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; or has created a candidate campaign
committee for the purpose of obtaining public office. The person is also deemed a
candidate if the person 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 the use of services or property without
full payment made or provided by any person, political committee, or political party
whose primary business is to provide such services or property 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, political committee, or political party, 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 or political party. 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 organization and
associated expenses, nor the use of an organization'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 which:
(a) In context has no other reasonable meaning than to urge the election or defeat of
one or more clearly identified candidates, public office holders, or the placement
of a ballot question on the ballot or the adoption or defeat of any ballot question
by use of explicit words of advocacy of election or defeat. The following words
convey a message of express advocacy: vote, re-elect, support, cast your ballot
for, reject, and defeat; or
(b) When 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, 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, 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, or 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 expenditure," an expenditure made by a person, organization, political
committee, or political party to expressly advocate the election or defeat of a clearly
identified candidate or the placement of a ballot question on the ballot or the adoption
or defeat of any ballot question, but which is not made to, controlled by, coordinated
with, requested by, or made upon consultation with a 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
organization and associated expenses, nor the use of an organization'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) "In-kind," 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, political committee, or political party, including the free
or discounted use of any person'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;
(15) "National political party," the organization which is responsible for the day-to-day
operation of a political party at the national level, as determined by the Federal Election
Commission;
(16) "Organization," any business corporation, limited liability company, nonprofit
corporation, limited liability partnership, limited partnership, partnership, cooperative,
business trust, association, club, labor union, collective bargaining organization, local,
state, or national organization to which a labor organization pays membership or per
capita fees, based upon its affiliation and membership, trade or professional association
that receives its funds from membership dues or service fees, whether organized inside
or outside the state, any entity organized in a corporate form under federal law or the
laws of this state, or any group of persons acting in concert which is not defined as a
political committee or political party in the Act;
(17) "Person," a natural person;
(18) "Political action committee," a person or organization that raises, collects or disburses
contributions to influence the outcome of an election and who is not a candidate,
candidate campaign committee, ballot question committee, or a political party. A
political action committee is not any:
(a) Person that makes a contribution to a political committee or political party; or
(b) Organization that makes a contribution to a ballot question committee from
treasury funds;
(19) "Political committee," any candidate campaign committee, political action committee,
or ballot question committee;
(20) "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. An
auxiliary organization is any organization designated as an auxiliary organization in the
political party's bylaws or constitution except any secondary or post-secondary student
organization that only accepts contributions to support volunteer student activities of
the organization and does not make monetary contributions to any political committee;
(21) "Public office," any statewide office, legislative office, or county office;
(22) "Qualified nonprofit corporation," any nonprofit corporation, subject to the provisions
of chapters 47-22 to 47-28, inclusive, that was organized for the purpose of promoting
political ideas and cannot engage in business activities, has no shareholders or other
persons affiliated so as to have a claim on the assets or earnings, was not established by
a corporation, and has not accepted more than de minimus amount of funds from any
corporation;
(23) "Statewide office," the offices of Governor, lieutenant governor, secretary of state,
attorney general, state auditor, state treasurer, commissioner of school and public lands,
and public utilities commissioner;
(24) "Volunteer," a person who provides services free of charge.
Section
2.
A political committee shall have a chair and a treasurer, which may be the same
person. The chair and treasurer for a candidate campaign committee shall be appointed by the
candidate, and the candidate may serve as either, or both, such officers. 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.
Section
3.
A political 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 unless such activity falls
within thirty days of any statewide election in which case the statement of organization shall be
filed within forty-eight hours. Any candidate for public office shall organize a candidate campaign
committee not later than fifteen days after becoming a candidate and shall file a statement of
organization with the secretary of state. A political committee that regularly files a campaign
finance disclosure statement with the Federal Election Commission is not required to file a
statement of organization. A violation of this section is a Class 2 misdemeanor.
Section
4.
A political committee may incorporate and not be subject to the provisions of
section 18 of this Act if the political committee incorporates for liability purposes only.
Notwithstanding the corporate status of the political committee, the treasurer of an incorporated
political committee remains personally responsible for carrying out the treasurer's duties under this
Act.
Section
5.
A political committee created prior to the effective date of this Act that has not filed
a termination statement shall file a statement of organization with the secretary of state not later
than fifteen days after this Act becomes effective. A violation of this section is a Class 2
misdemeanor.
Section
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 section 4 of this Act, 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. A political committee
continues to exist until a termination statement is filed pursuant to sections 25 and 26 of this Act.
The candidate or 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.
Section
7.
If the contributor is a person, no candidate for statewide office or the candidate's
campaign committee may accept any contribution which in the aggregate exceeds four thousand
dollars during any calendar year. A candidate campaign committee may accept contributions from
any candidate campaign committee, political action committee, or political party. The limitation
on any contribution from a person in this section does not apply to any contribution by the
candidate or the candidate's immediate family. A violation of this section is a Class 1
misdemeanor.
Section
8.
If the contributor is a person, no candidate for legislative or county office or the
candidate's campaign committee may accept any contribution which in the aggregate exceeds one
thousand dollars during any calendar year. A candidate campaign committee may accept
contributions from any candidate campaign committee, political action committee, or political
party. The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family. A violation of this section is a
Class 1 misdemeanor.
Section
9.
If the contributor is a person, no political action committee may accept any
contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A
political action committee may accept contributions from any candidate campaign committee,
political action committee, or political party. A violation of this section is a Class 1 misdemeanor.
Section
10.
If the contributor is a person, no political party may accept any contribution which
in the aggregate exceeds ten thousand dollars during any calendar year. A political party may
accept contributions from any candidate campaign committee, political action committee, or
political party. A violation of this section is a Class 1 misdemeanor.
Section
11.
No person, organization, candidate, political committee, or political party may give
or accept a contribution unless the name and residence address of the contributor is made known
to the person receiving the contribution. Any contribution, money, or other thing of value received
by a candidate, political committee, or political party from an unknown source shall be donated
to a nonprofit charitable organization. A violation of this section is a Class 2 misdemeanor.
Section
12.
No person may make a contribution in the name of another person, make a
contribution disguised as a gift, make a contribution in a fictitious name, make a contribution on
behalf of another person, or knowingly permit another to use his or her name to make a
contribution. No candidate may accept a contribution disguised as a gift. A violation of this section
is a Class 1 misdemeanor.
Section
13.
Equipment, supplies, and materials purchased with contributions are property of
the political committee or political party, and are not property of the candidate or any other person.
Section
14.
The sale of any property shall be reported in the campaign finance disclosure
statement. A violation of this section is a Class 1 misdemeanor.
Section
15.
Any printed material or communication made, purchased, paid for, or authorized
by a candidate, political committee, or political party which expressly advocates for or against a
candidate, public office holder, ballot question, or political party shall prominently display or
clearly speak the statement: "Paid for by (Name of candidate, political committee, or political
party)." 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 1 misdemeanor.
Section
16.
Any person or qualified nonprofit corporation that makes an independent
expenditure for a communication which expressly advocates for or against a candidate, public
office holder, ballot question, or political party totaling one thousand dollars or more shall file a
statement with the secretary of state that is received within forty-eight hours of the time that the
communication is disseminated, broadcast, or otherwise published.
Any organization that makes an independent expenditure for a communication which expressly
advocates for or against a public office holder, ballot question, or political party totaling one
thousand dollars or more shall file a statement with the secretary of state that is received within
forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise
published.
The statement shall include the name of the person, qualified nonprofit corporation, or
organization and its street address, city, and state, the name of each candidate, public office holder,
ballot question, or political party mentioned in the communication, the amount spent on the
communication, and a description of the content of the communication.
Further, if the independent expenditure is made by an organization comprised of twenty or
fewer members or shareholders, the statement shall include the name and address of each
shareholder or member who owns ten percent or more of the organization.
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; and
(4) Any communication that refers to any candidate only as part of the popular name of a
bill or statute.
Section
17.
Any person, political committee, political party, or organization that makes a
payment or promise of payment totaling one thousand dollars or more 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 within sixty days of an election, shall file a statement with the secretary of state
disclosing the name, street address, city, and state of such person, political committee, political
party, or organization. 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; and
(4) Any communication that refers to any candidate only as part of the popular name of a
bill or statute.
Section
18.
No organization may make a contribution to a candidate committee, political action
committee, or political party or make an independent expenditure expressly advocating the election
or defeat of a candidate. An organization may make a contribution to a ballot question committee
organized solely for the purpose of influencing an election on a ballot question and independent
expenditures regarding the placement of a ballot question on the ballot or the adoption or defeat
of a ballot question. The prohibitions of this section do not apply to independent expenditures
expressly advocating the election or defeat of a candidate by a qualified nonprofit corporation from
its treasury funds. An organization may create a political action committee. A violation of this
section is a Class 1 misdemeanor.
Section
19.
Any organization that makes a contribution to a ballot question committee pursuant
to section 18 of this Act shall:
(1) Be filed as a domestic or foreign entity in good standing with the Office of the Secretary
of State of this state, or
(2) If the organization is not filed as a domestic or foreign entity in good standing with the
Office of the Secretary of State of this state, the organization shall include with any
contribution to a ballot question committee a statement providing the following
information:
(a) The name of the organization;
(b) The name of the state or country under whose law the organization is
incorporated or organized; and
(c) The street address of the organization's principal office; or
(3) However, if subdivisions 1 and 2 do not apply to the organization, then the organization
shall include with any contribution to a ballot question committee a statement providing
the following information:
(a) The name of the organization;
(b) The street address of the organization's principal office; and
(c) The names and street addresses of any owners, directors, or officers of the
organization including the name and street address of the person authorizing the
contribution.
Further, if any contribution from an organization to a ballot question committee exceeds ten
thousand dollars in the aggregate, and the organization is comprised of twenty or fewer members
or shareholders, the contribution shall include a statement with the name and address of each
shareholder or member who owns ten percent or more of the organization. The ballot question
committee shall disclose all information provided in the statement in the applicable campaign
financial disclosure statement or supplemental statement.
If any of the information required by this section is not delivered to the treasurer of the ballot
question committee, the treasurer shall return the contribution. A violation of this section is a Class
1 misdemeanor.
Section
20.
The state, an agency of the state, and the governing body of a 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 such
political subdivisions in his or her 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.
Section
21.
No candidate, political committee, or political party may accept any contribution
from any state, state agency, political subdivision of the state, foreign government, Indian tribe,
federal agency, or the federal government. A violation of this section is a Class 1 misdemeanor.
Section
22.
A campaign financial disclosure statement shall be filed with the secretary of state
by every:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Political party; and
(4) Ballot question committee.
The statement shall be signed by the treasurer of the political committee or political party. The
statement shall be received by the secretary of state and filed by 5:00 p.m. each February first and
shall cover the contributions and expenditures for the preceding calendar year. However, no
statement is required to be filed by a candidate campaign committee for legislative or county office
on February first following a year in which there is not an election. A statement shall also be
received by the secretary of state and filed by 5:00 p.m. on the second Friday prior to each primary
and general election complete through the fifteenth day prior to that election. No county, local, or
auxiliary committee of any political party qualified to participate in a primary or general election
is required to file a campaign financial disclosure statement prior to a statewide primary election.
No candidate without opposition in a primary election is required to file a campaign financial
disclosure statement prior to a primary election. Any statement filed pursuant to this section shall
be consecutive and shall cover contributions and expenditures since the last statement filed. A
political committee that regularly files a campaign finance disclosure statement with the Federal
Election Commission is not required to file a campaign finance disclosure statement. A violation
of this section is a Class 1 misdemeanor.
Section
23.
A campaign finance disclosure statement shall be received by the secretary of state
and filed by any statewide ballot question committee by 5:00 p.m. on the fifth day of July during
the year in which the ballot question is to be voted on complete through the month of June. A
violation of this section is a Class 1 misdemeanor.
Section
24.
A campaign finance disclosure statement shall include the following information:
(1) Political committee or political party name, street address, postal address, city, state, zip
code, daytime and evening telephone number, and e-mail address;
(2) Type of campaign statement (pre-primary, pre-general, mid-year, year-end, amendment,
supplement, or termination);
(3) If a ballot question committee, the ballot question number and whether the committee
is for or against the measure;
(4) The balance of cash and cash equivalents on hand at the beginning of the reporting
period;
(5) The total amount of all contributions received during the reporting period;
(6) The total amount of all in-kind contributions received during the reporting period;
(7) The total of refunds, rebates, interest, or other income not previously identified during
the reporting period;
(8) The total of contributions, loans, and other receipts during the reporting period;
(9) The total value of loans made to any person, political committee, or political party
during the reporting period;
(10) The total of expenditures made during the reporting period;
(11) The total amount of all expenditures incurred but not yet paid. An expenditure incurred
but not yet paid shall be reported on each report filed after the date of receipt of goods
or services until payment is made to the vendor. A payment shall be listed as an
expenditure when the payment is made;
(12) The statement shall state the cash balance on hand as of the close of the reporting
period;
(13) The total amount of contributions of one hundred dollars or less in the aggregate from
one source received during the reporting period;
(14) The name, residence address, city, and state of each person contributing a contribution
of more than one hundred dollars in the aggregate during the reporting period and the
amount of the contribution. Any contribution from any political committee or political
party shall be itemized. Any contribution from a federal political committee or political
committee organized outside this state shall also include the name and internet website
address of the filing office where campaign finance disclosure statements are regularly
filed for the committee. If all of the information required is not on file, the political
committee or political party may not deposit the contribution;
(15) The statement shall contain the same information for in-kind contributions as for
monetary contributions, and shall also include a description of the in-kind contribution;
(16) Upon the request of the treasurer, a person making an in-kind contribution shall provide
all necessary information to the treasurer, including the value of the contribution;
(17) Any monetary or in-kind contribution made by the reporting political committee or
political party to any political committee, political party, or nonprofit charitable
organization shall be itemized;
(18) A categorical description and the amount of the refunds, rebates, interest, sale of
property, or other receipts not previously identified during the reporting period;
(19) A categorical description and the amount of funds or donations by any organization to
its political committee for establishing and administering the political committee and
for any solicitation costs of the political committee;
(20) The total balance of loans owed by the political committee or political party;
(21) The balance of loans owed by the political committee or political party, itemized by
lender's name, street address, city, and state, including the terms, interest rate, and
repayment schedule of each loan;
(22) The total balance of loans owed to the political committee or political party;
(23) The amount of each loan made during the reporting period. The name, street address,
city, and state of the recipient of the loan;
(24) The balance of each loan owed to the political committee or political party, itemized by
name, street address, city, and state;
(25) The expenditures made during the reporting period shall be categorized. Disbursements
to consultants, advertising agencies, credit card companies, and similar firms shall be
itemized into expense categories. Any contribution made by the reporting political
committee or political party that is not in exchange for any item of value or service shall
be itemized;
(26) The expenditures incurred but not yet paid during the reporting period and to whom the
expenditure is owed;
(27) The amount of each independent expenditure, as defined in this Act, made during the
reporting period, the name of the candidate, public office holder, or ballot question
related to the expenditure and a description of the expenditure;
(28) The information contained in any statement provided under section 19 of the Act; and
(29) The statement shall include a certification that the contents of the statement is true and
correct signed by the treasurer of the political committee or political party.
Section
25.
The last campaign finance statement filed shall be a termination statement. The
termination statement shall be filed within thirty days following disposition of all funds and
property and the payment of all obligations.
Section
26.
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.
Section
27.
Any candidate, treasurer, or other person filing a statement pursuant to this Act,
shall file an amended statement within three days of discovering any omission, inaccuracy, or other
change necessary to make the statement accurate. A person responsible for filing a statement
pursuant to this Act, who willfully fails to report a material change or correction, is guilty of a
Class 1 misdemeanor. A person responsible for filing a statement pursuant to this Act, who
willfully fails to file an amendment pursuant to this section is subject to the civil penalty in section
30 of this Act beginning on the first day following the third day after the candidate, treasurer, or
other person is notified of the omission, inaccuracy, or other change necessary to make the
statement accurate.
Section
28.
If any candidate campaign committee for statewide office, political action
committee, ballot question committee, or political party required to file a campaign finance
disclosure statement pursuant to this Act receives a contribution of five hundred dollars or more
within the fourteen days immediately prior to an election for which a campaign finance disclosure
statement may be filed, a supplemental statement shall be filed. The statement shall state the name,
street address, city, and state of the contributor and the amount and date of the contribution, and
information contained in any statement provided under section 19 of this Act, if applicable. The
statement shall be filed within forty-eight hours of the receipt of the contribution. A violation of
this section is a Class 1 misdemeanor.
Section
29.
The treasurer of a political committee and political party shall maintain and
preserve detailed and accurate records of the following:
(1) Each contribution and in-kind contribution received by the political committee or
political party;
(2) In the case of a ballot question committee, the information required by section 19 of this
Act for any organization contribution;
(3) Each loan received or made by the political committee or political party;
(4) Each refund, rebate, interest, or other income received by the political committee or
political party;
(5) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an
explanation of each, for each expenditure;
(6) The name and address of any financial institution where an account or depository for
the political committee or political party 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 1 misdemeanor.
Section
30.
Notwithstanding the provisions of
§
12-25-33, the failure to timely file any
statement, amendment, or correction required by this Act 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 secretary
of state and deposited in the state general fund.
Section
31.
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.
Section
32.
The secretary of state shall endorse the date of the filing on each statement filed
pursuant to this Act, and shall preserve the statement 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.
Section
33.
No information copied, or otherwise obtained, from any statement, 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 Act 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.
Section
34.
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 Act is guilty of a Class 5 felony.
Section
35.
The attorney general shall investigate violations of the provisions of this Act
relating to a legislative office, statewide office, or statewide ballot question 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 the
amount provided by statute, or if not provided, 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, in the county where the
person resides, or in the county where the organization, political party, or political committee has
its principal office.
Section
36.
The attorney general may, for the purpose of enforcing the provisions of this Act,
inspect or examine any political committee or political party records required to be maintained by
this Act. It is a Class 1 misdemeanor for any person having charge, control, or possession of
political committee or political party records to neglect or refuse the attorney general reasonable
access to any records required to be maintained by this Act which are necessary to enforce the
provisions of this Act.
Section
37.
The attorney general shall keep each record inspected or examined confidential
except when the records are used to enforce provisions of this Act associated with a criminal or
civil action.
Section
38.
If any candidate is proved in a contest of an election or is proved to have violated
any provision of this Act 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.
Section
39.
The provisions of this Act apply to each statewide office, legislative office,
statewide ballot question, county offices and ballot questions in counties with population greater
than five thousand according to the most recent Federal census, and school district offices and
ballot questions in school districts with more than two thousand average daily membership. Any
school district election covered by this Act shall conform to the contribution limits applicable to
legislative offices. This Act does not apply to the unified judicial system, nor does this Act apply
to any township, municipal, or special purpose district offices or ballot questions. However, the
governing body of any county, township, municipality, school district, or special purpose district
not otherwise covered by this Act may adopt an ordinance or resolution to make the provisions of
this Act, with or without amendments, applicable to county, township, municipal, school district,
or special purpose district elections.
Section
40.
The state's attorney shall investigate any violation of the provisions of this Act
relating to elections for county and school district office or 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 Act. In a civil action, in addition to other relief, the court may
impose a civil penalty in the amount provided by statute, or if not provided, in an amount not to
exceed one thousand dollar 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 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 Act 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 Act
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
41.
Any statement required to be filed under this Act may be filed by facsimile device
or electronic mail in accordance with the methods approved by the secretary of state. To be timely
filed, any statement received by facsimile device or electronic mail shall be legible and readable
when received by the means it was delivered. The original shall be filed with the secretary of state
within one week following the date the facsimile or electronic mail transmission was received.
Section
42.
Any statement, form, or filing required by this Act 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 Act shall be filed with the county auditor in the case of a county office 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.
Section
43.
That
§
§
12-25-1
to
12-25-26
, inclusive, be repealed.
Section
44.
The attorney general may bring an action for a civil penalty against any person,
political committee, political party, or organization that violates section 16 or 17 of this Act, in
addition to any other penalties provided by law. The civil penalty may not exceed two thousand
dollars for each violation.
Section
45.
Any candidate or candidate campaign committee for legislative office that has
spent less than ten thousand dollars and has received less than ten thousand dollars in contributions
and loans by the fifteenth day before any primary or general election is only required to file a
campaign finance disclosure statement containing the information required in subdivisions (1), (2),
(8), (10), and (29) of section 24 of this Act before any election.
Signed March 20, 2007