Campaign finance requirements in South Dakota

in South Dakota

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South Dakota campaign finance requirements govern the following:

• how much money candidates may receive from individuals and organizations,
• how much and how often 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.

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.^[1] 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.^[2]

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.^[3] 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.^[4][5] 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.^[6]

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.

Contribution limits

The table below details contribution limits as they applied to various types of individuals and groups in South Dakota as of May 2015. The uppermost row of the table indicates the contributor, while the leftmost column indicates the recipient.

Candidate 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."^[7]

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.^[8]

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.^[9]

The Statement of Organization may be filed electronically. A candidate's Statement of Organization must include the following:^[10]

• 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.^[11]

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.^[12][13]

No candidate may accept any contribution from any state, state agency, or political subdivision of the state.^[14]

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.^[15]

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.^[16]

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.^[17]

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 e-mail 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.^[18]

Campaign finance legislation

The following is a list of recent campaign finance bills that have been introduced in or passed by the South Dakota state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

Election and campaign ballot measures

See also: Elections and campaigns on the ballot and List of South Dakota ballot measures

Ballotpedia has tracked 22 statewide ballot measures relating to elections and campaigns.

1. South Dakota Coffey Primary Election Law (1914)
2. South Dakota Richard's Primary Election Law, Measure 1 (1912)
3. South Dakota Richard's Primary Law (1916)
4. South Dakota Change the Voting Age, Amendment B (1994)
5. South Dakota Richard's Primary Law (1918)
6. South Dakota Primary Election Law (1920)
7. South Dakota Nonpolitical Judicial Elections (1924)
8. South Dakota Primary Elections Law (1924)
9. South Dakota Superintendents of Schools Elections (1936)
10. South Dakota Voting Residence (1958)
11. South Dakota Residency Requirements, Amendment A (1970)
12. South Dakota Voting Age, Amendment F (1970)
13. South Dakota Presidential Elections, Amendment G (1970)
14. South Dakota Voting Age, Amendment A (1972)
15. South Dakota Right of Suffrage, Amendment B (1974)
16. South Dakota Limits on Lobbying, Initiative 10 (2008)
17. South Dakota Independent Candidates Election Law Referendum, Referred Law 19 (2016)
18. South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018)
19. South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018)
20. South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative (2024)
21. South Dakota Nonpartisan Elections, Constitutional Amendment V (2016)
22. South Dakota Revision of State Campaign Finance and Lobbying Laws, Initiated Measure 22 (2016)

See also: Campaign finance agencies in South Dakota and State election agencies

Candidates running for office may require some form of interaction with the following agencies:

• South Dakota Secretary of State
  

Why: This agency provides and processes nominating petitions and campaign finance forms.

Capitol Building

500 East Capitol Avenue, Suite 204

Pierre, SD 57501-5070

Phone: 605.773.3537

Fax: 605.773.36580

Website: http://www.sdsos.gov/electionsvoteregistration/electionsvoteregistration_overview.shtm

Email:elections@state.sd.us

Recent news

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See also

• Campaign finance regulation
• Ballot access requirements for political candidates in South Dakota
• South Dakota

Footnotes

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