Campaign finance requirements in South Dakota
 in South Dakota |
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Federal campaign finance laws and regulations |
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| Campaign finance reform |
| History of campaign finance reform |
| State by state comparison of campaign finance reporting requirements |
| Election policy |
| State information |
Campaign finance requirements govern how much money candidates and campaigns may receive from individuals and organizations, how they must report those contributions, and how much individuals, organizations, and political parties may contribute to campaigns. In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.
This page provides background on campaign finance regulation, lists contribution limits to state candidates and ballot measures in South Dakota, compares contribution limits to gubernatorial and state legislative candidates in South Dakota with those from other states, and details the candidate reporting requirements in South Dakota.
The information on this page pertains to candidates for state office and state ballot measures. Candidates for federal office are subject to federal campaign finance law. Candidates for local office are subject to all applicable state laws as well as any separate local campaign finance regulations.[1]
Background
The Federal Election Commission (FEC) is the independent regulatory agency that administers and enforces federal campaign election laws. The FEC is responsible for disclosing campaign finance information, enforcing limits and prohibitions on contributions, and overseeing public funding of presidential elections.[2] According to the FEC, an individual becomes a federal candidate and must begin reporting campaign finances once he or she has either raised or spent $5,000 in his or her campaign. Within fifteen days of this benchmark, the candidate must register with the FEC and designate an official campaign committee, which is responsible for the funds and expenditures of the campaign. This committee must have an official treasurer and cannot support any candidate but the one who registered it. Detailed financial reports are then made to the FEC every financial quarter after the individual is registered. Reports are also made before primaries and before the general election.[3]
The rules governing federal election campaigns and contributions have evolved over the past generation as result of a number of Supreme Court decisions. In the 2010 Citizens United v. Federal Election Commission decision, the court held that corporate funding of independent political broadcasts in candidate elections cannot be limited. The court's decision also overturned the ban on for-profit and not-for-profit corporations and unions broadcasting electioneering communications in the 30 days before a presidential primary and in the 60 days before a general election.[4] In the SpeechNOW.org v. Federal Election Commission decision, the first application of the Citizens United decision, the court held that contribution limits on what individuals could give to independent expenditure-only groups, and the amount these organizations could receive, were unconstitutional. Contribution limits on donations directly to candidates, however, remained unchanged.[5][6] In 2014's McCutcheon v. Federal Election Commission decision, the court overturned biennial aggregate campaign contribution limits, and held that individuals may contribute to as many federal candidates as they want, but may only contribute up to the federal limit in each case.[7]
While the FEC governs federal election campaigns and contribution limits, individual states enforce their own regulation and reporting requirements. Regulations vary by state, as do limits on campaign contributions and third-party activities to influence elections. Candidates for local office must follow any applicable state and local campaign finance regulations.
Contribution limits
The table below details contribution limits as they applied to various types of individuals and groups in South Dakota as of July 2025. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.
| Individuals | Single candidates committees | PACs | Political party | Super PACs | Corporations | Unions | |||
|---|---|---|---|---|---|---|---|---|---|
| Statewide candidate (e.g., governor) | $4,000 | unlimited | unlimited | unlimited | $0 | $4,000 | $4,000 | ||
| Senate candidate | $1,000 | unlimited | unlimited | unlimited | $0 | $1,000 | $1,000 | ||
| House candidate | $1,000 | unlimited | unlimited | unlimited | $0 | $1,000 | $1,000 | ||
| PAC | $10,000 | unlimited | unlimited | unlimited | $0 | $10,000 | $10,000 | ||
| Party committees | $10,000 | unlimited | unlimited | unlimited | $0 | $10,000 | $10,000 | ||
| Ballot measures | unlimited | unlimited | unlimited | unlimited | $0 | unlimited | unlimited | ||
| Limits apply per calendar year. | |||||||||
| Sources: South Dakota Secretary of State, "South Dakota Campaign Finance Contribution Limits," accessed July 8, 2025 | |||||||||
State comparisons in the 2024 elections
Candidate reporting requirements
See statutes: Chapter 12, Section 27 of South Dakota Codified Law
Each candidate must have a campaign committee. A "candidate campaign committee" is defined as "any entity organized by a candidate to receive contributions and make expenditures for the candidate."[9]
Campaign organization
A candidate's campaign committee must have and continually maintain a chair and a treasurer, which may be the same person. The chair and treasurer for a candidate campaign committee are appointed by the candidate, and the candidate may serve as either or both. No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant.[10]
The candidate must file a Statement of Organization with the South Dakota Secretary of State no later than 15 days after becoming a candidate. A person is considered a candidate if the person raises, collects, or disburses contributions in excess of $500; 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.[11]
The Statement of Organization may be filed electronically. A candidate's Statement of Organization must include the following:[12]
- the name, street address, postal address, and daytime telephone number of the committee
- the name, street address, postal address, and daytime telephone number of the chair and the treasurer of the committee
- a statement of the type of political committee that has been or is being organized (in the case of a candidate campaign committee, the name, street address, and postal address of the candidate)
- the name, street address, postal address, and telephone number of each financial institution where an account or depository is maintained
The statement must be signed by the candidate and treasurer for a candidate campaign committee or filed electronically.
Contribution rules
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 must be donated to a nonprofit charitable organization.[13]
No organization may make a contribution to a candidate committee or political party. An "organization" includes any business corporation, limited liability company, nonprofit corporation, business trust, or entity organized in a corporate form under federal or South Dakota law.[14][15]
No candidate may accept any contribution from any state, state agency, or political subdivision of the state.[16]
Statements of financial interest
Any candidate for the United States Senate, the United States House of Representatives, governor, circuit court judge, or the state legislature must file a statement of financial interest with the South Dakota Secretary of State within 15 days after filing nominating petitions.[17]
Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands must file a statement of financial interest with the South Dakota Secretary of State within 15 days after their nominations have been certified.[18]
Reporting schedule
Pre-election (primary and/or general) statements must be filed with the South Dakota Secretary of State on the second Friday prior to each primary and general election complete through the 15 day prior to that election. Year-end statements must be received by the South Dakota Secretary of State by 5:00 p.m. each February 1. This must include information from the end of the last filed report through the last day of the preceding calendar year. A supplemental statement must be filed if any candidate campaign committee for statewide office, political action committee, ballot question committee, or political party receives a contribution of $500 or more within 14 days immediately prior to an election. The statement must be filed within 48 hours of the receipt of the contribution.[19]
Financial disclosure
A campaign finance disclosure statement must include the following information:
- committee name, street address, postal address, city, state, zip code, daytime and evening telephone number, and email address
- type of campaign statement (pre-primary, pre-general, mid-year, year-end, amendment, supplement, or termination)
- the balance of cash and cash equivalents on hand at the beginning of the reporting period
- the total amount of all contributions received during the reporting period
- the total amount of all in-kind contributions received during the reporting period
- the total of refunds, rebates, interest, or other income not previously identified during the reporting period
- the total of contributions, loans, and other receipts during the reporting period
- the total value of loans made to any person, political committee, or political party during the reporting period
- the total of expenditures made during the reporting period
- the total amount of all expenditures incurred but not yet paid (an expenditure incurred but not yet paid must 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)
- the cash balance on hand as of the close of the reporting period
- the total amount of contributions of $100 or less in the aggregate from one source received during the reporting period
Further requirements for campaign financial disclosure statements can be accessed here.
The treasurer of a candidate's political committee must maintain and preserve detailed and accurate records of all contributions, loans received or made, receipts, invoices, and bills. These are to be maintained and preserved 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.[20]
Campaign finance legislation
The table below displays bills related to campaign finance introduced during or carried over to South Dakota's current legislative session.[21]
Election and campaign ballot measures
Ballotpedia has tracked 6 statewide ballot measures relating to elections and campaigns.
- South Dakota Referred Law 2, Nonpolitical Judicial Elections Referendum (1924)
- South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018)
- South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018)
- South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative (2024)
- South Dakota Initiated Measure 10, Limits on Lobbying Measure (2008)
- South Dakota Amendment V, Top-Two Primary Amendment (2016)
Election administration agencies
Election agencies
- See also: State election agencies
Individuals seeking additional information about election administration in South Dakota can contact the following local, state, and federal agencies.
South Dakota County Auditors
South Dakota Secretary of State
- Capitol Building
- 500 East Capitol Avenue, Suite 204
- Pierre, South Dakota 57501-5070
- Phone: 605-773-3537
- Fax: 605-773-6580
- Email: elections@state.sd.us
- Website: https://sdsos.gov/elections-voting/default.aspx
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Phone: 301-563-3919
- Toll free: 1-866-747-1471
- Email: clearinghouse@eac.gov
- Website: https://www.eac.gov
Federal Election Commission (FEC)
- 1050 First Street, NE
- Washington, DC 20463
- Telephone: (202)-694-1100
- Toll-free: 1-800-424-9530
- Email: info@fec.gov
- Website: http://www.fec.gov/
Recent news
The link below is to the most recent stories in a Google news search for the terms South Dakota finance. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Campaign finance regulation
- Ballot access requirements for political candidates in South Dakota
- South Dakota
Footnotes
- ↑ National Conference of State Legislatures, "Campaign Finance Enforcement," accessed May 28, 2025
- ↑ Federal Election Commission, "About the FEC," accessed June 27, 2012
- ↑ Federal Election Commission, "Candidate Registration Brochure," accessed December 7, 2012
- ↑ New York Times, "Justices, 5-4, Reject Corporate Spending Limit," January 21, 2010
- ↑ Federal Election Commission, "Speechnow.org v. FEC," April 7, 2014
- ↑ OpenSecrets, "Two Federal Court Rulings Could Change Campaign Finance Landscape," March 26, 2010
- ↑ Federal Election Commission, "Ongoing Litigation," accessed March 18, 2015
- ↑ National Conference of State Legislatures, "State Limits on Contributions to Candidates 2023-2024 Election Cycle," accessed May 8, 2025
- ↑ South Dakota Codified Law, "Title 12-27-1," accessed February 4, 2014
- ↑ South Dakota Codified Law, "Title 12-27-2," accessed February 4, 2014
- ↑ South Dakota Codified Law, "Title 12-27-1," accessed February 4, 2014
- ↑ South Dakota Codified Law, "Title 12-27-6," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-27-11," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-27-18," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-27-1," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-27-21," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-25-28," accessed February 5, 2014
- ↑ South Dakota Codified Law, "Title 12-25-29," accessed February 5, 2014
- ↑ South Dakota Secretary of State, "Campaign Finance FAQ," accessed November 26, 2013
- ↑ South Dakota Codified Law, "Title 12-27-29," accessed February 5, 2014
- ↑ Bills are organized by most recent action. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
