Campaign finance requirements for South Dakota ballot measures
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If someone feels a campaign finance law is violated, the first step is to file a complaint with the South Dakota Attorney General. It is up to the Attorney General to determine if there is probable cause of a campaign finance law violation. If there is probable cause as the result of an investigation, the Attorney General's office has the exclusive authority to press civil or criminal charges[1]. If a civil fine is imposed, South Dakota prohibits fines imposed over $10,000[1].
General requirements
Ballot Question Committee
South Dakota law defines groups that are in support or opposition of a ballot measure as a Ballot Question Committee[2].
Statement of Organization
A ballot question committee must file a statement of Organization with the Secretary of State within 15 days of making contributions, receiving contributions, or paid expenses in excess of $500. If the $500 threshold is met withing thirty days of a statewide election, a statement of organization must be filed within 48 hours[3].
The $500 in 14 days rule
All ballot measure groups must report contributions made of $500 or more within 48 hours of receiving a contribution[4]. This is mandatory if the contribution is made during the final fourteen days before an election.
Campaign finance requirements
Anonymous contributions
South Dakota law prohibits any and all anonymous contribution. Under South Dakota law, all campaign staff must have the contributor's contact information before accepting the contribution. If anything of value is from an unknown source, the ballot question committee must donate the item of value to a charity[5] [6].
Contribution limits
There are no contribution limits for ballot question committees in South Dakota. Any corporation, labor union, non-profit special interest organization, state party committee or individual can donate unlimited sums of money[7].
Contributions made by organizations
If a legally recognized organization under South Dakota law makes a contribution to a ballot measure committee, then the organization who made the contribution must file a series of disclosure statements with the Secretary of State. The first statement is a statement certifying that the organization is in good standing with the Secretary of State. The second statement is in the event that if an organization donates plans to donate more than $10,000 or more to a ballot measure committee, the organization must disclose the contact information every person who has a financial stake of ten percent or more of the organization. This also includes that if a person gave ten percent or more of the organization'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. Also, the organization must certify that no part of their contributions were made in a separate fundraising effort on the organization's behalf to influence the passage or defeat of a ballot question[8].
An organization is defined under South Dakota law as any business corporation, limited liability company, nonprofit corporation, limited liability partnership, limited partnership, partnership, cooperative, trust, 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. Also, a trade or professional association that receives its funds from membership dues or service fees regardless if its based in-state or out-of-state, any entity that is organized as a corporation at the federal or state level, or any group of persons acting together which is not defined as a political committee or political party under law[9].
Reporting requirements and reports
Appendix B
Appendix B is the basic campaign finance reporting form for ballot measure committees in South Dakota. This is used during the regularly scheduled campaign finance reporting cycle[10].
Appendix C
Appendix C is a required supplemental campaign finance report form for ballot measure committees. This form is required for reporting all contributions received of $500 or more[11].
Appendix D
Appendix D is the required supplemental campaign finance report to report independent expenditures made over $1,000 for broadcast or print advertisments along with related communications covered under the law[12].
Appendix E
Appendix E is the official campaign finance form to demonstrate if an organization defined by South Dakota law is in good standing[13]..
Mid-Election statement
The mid-election statement is considered to be the first campaign finance report of the election year for ballot measure committees in South Dakota. The report covers all campaign finance activity from the beginning of the year to June 30th. The report is due on July 5th[14].
Pre-Election statement
The pre-election report covers all campaign finance activity from July 1st to 15 days before the election. The report is due on the second Friday before an election[15].
Final report
The final report which is considered to be a termination report covers all activity from fourteen days before the election to the date of termination. The report is due 30 days when all funds are dissolved and all debts are paid[16].
Campaign advertising restrictions
Print advertisement disclaimer
Any print advertisements that are aimed towards the passage or defeat of a ballot question must bear the words "Paid for by (Name of candidate, political committee, or political party)." The disclaimer must be clearly stated on the advertisement. The disclaimer requirement does not apply to to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items[17].
$1,000 independent expenditure ad rule
Under South Dakota law, if an a individual or a qualified non-profit organization makes an independent expenditure for an advertisement valued at over $1,000 then the expenditure must be reported. This must be done within 48 hours of when the advertisement is disseminated (published in a newspaper or broadcasted on television or other electronic medium). If the organization that made the expendtiure has less than twenty people on its staff, the organization must disclose all major shareholders who have a ten percent or greater stake in the organization[18].
Terminating a committee
Under South Dakota law, the last campaign finance report is treated as a termination statement. This report must be filed within thirty days of terminating the committee. The report must also state a disposition of how remaining debts would be paid off or how surplus funds would be disbursed[19]. The law also mandates that any ballot question committee must settle all debts, properly disposed all assets, and filed a termination statement with the Secretary of State before terminating[20].
External links
- South Dakota Secretary of State-Elections Division]
- South Dakota Campaign Finance Portal
- South Dakota campaign finance disclosure database
- 2010 South Dakota campaign finance manual
- 2010 South Dakota Campaign Finance Laws
- Campaign Disclosure Project
References
- ↑ 1.0 1.1 "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-35)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-1 (2))
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-3)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-28)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statue 12-27-24 (14))
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statue 12-27-11)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statue 12-27-18.1)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-19(1)-(2))
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-1 (16))
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-24)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-28)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-16)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-19(1)-(2))
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Laws(Referenced Statute 12-27-23 South Dakota Statutes)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-22)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-25)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-15)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-16)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-5)
- ↑ "South Dakota Legislature" South Dakota Campaign Finance Law(Referenced Statute 12-27-26)
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