12-27-16.1. Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
Any political committee, entity, or person that makes a communication clearly identifying a candidate, public office holder, ballot question, or political committee, other than an independent communication expenditure that is not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee, shall append to or include in each communication a disclaimer that:
(1)Identifies the political committee, entity, or person making the communication; and
(2)States the address or website address, if applicable, of the political committee, entity, or person.
If the communication is an independent expenditure made by a person or entity, 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 entity not including a candidate, public office holder, political party, or political committee, then the following notation must also be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions to an entity during the twelve months preceding that communication. Any person or entity making a communication under this section has the same reporting requirements as §12-27-16. Any political committee making a communication under this section shall include each communication as an expenditure on the campaign finance disclosure report.
A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2017, ch 72, §17, eff. Feb. 2, 2017; SL 2017, ch 71, §17.
Structure South Dakota Codified Laws
Chapter 27 - Campaign Finance Requirements
Section 12-27-1 - Definitions.
Section 12-27-2 - Political committee chair and treasurer required--Violation as misdemeanor.
Section 12-27-6 - Contents of statement of organization.
Section 12-27-9 - Limits on contributions to political action committee--Violation as misdemeanor.
Section 12-27-10 - Limits on contributions to political party--Violation as misdemeanor.
Section 12-27-10.4 - Affiliated entities sharing single contribution limit.
Section 12-27-12 - Disguised contributions prohibited--Misdemeanor.
Section 12-27-13 - Property purchased with contributions to be property of political committee.
Section 12-27-14 - Report of property sale by political committee--Violation as misdemeanor.
Section 12-27-18 - Independent communication expenditures--Violation as misdemeanor.
Section 12-27-18.1 - Acceptance of contributions by ballot question committee.
Section 12-27-20 - Expenditure of public funds to influence election outcome prohibited.
Section 12-27-21 - Contributions from public entities--Prohibition--Violation as misdemeanor.
Section 12-27-21.1 - Time for submission of statements--Violation as misdemeanor.
Section 12-27-22.1 - Circumstances under which campaign finance disclosure report not required.
Section 12-27-22.2 - Reports only include contributions and expenditures related to this state.
Section 12-27-24 - Contents of campaign finance disclosure report.
Section 12-27-25 - Termination report.
Section 12-27-26 - Requirements for dissolution of political committee.
Section 12-27-29.1 - Civil penalty for failure to timely file statement, amendment, or correction.
Section 12-27-29.2 - Order assessing penalty--Contents--Appeal--Termination of committee.
Section 12-27-29.4 - Repeated failure to perform duty--Additional penalty--Referral for prosecution.
Section 12-27-31 - Forms to be adopted by secretary of state--Oath or affirmation.
Section 12-27-32 - Preservation and destruction of statements in public records.
Section 12-27-34 - Intentionally false or misleading statements prohibited--Felony.
Section 12-27-35 - Investigation and prosecution of violations by attorney general--Civil actions.
Section 12-27-36 - Access to records by attorney general--Violation as misdemeanor.
Section 12-27-37 - Confidentiality of records.
Section 12-27-38 - Candidate may not be certified or to forfeit office for felony violation.
Section 12-27-39 - Application of campaign finance requirements.
Section 12-27-40 - Investigation and prosecution of violations by state's attorney--Civil actions.
Section 12-27-41 - Filing by electronic transmission.
Section 12-27-42 - Place of filing.
Section 12-27-43 - Action for civil penalty for certain violations.
Section 12-27-45 - Additional standards adopted by political subdivision.
Section 12-27-48 - False allegation of misconduct as misdemeanor.
Section 12-27-49 - Effect of secretary of state's filing or refusing to file document.
Section 12-27-50 - Limitation on uses for contributions received by candidate campaign committee.
Section 12-27-51 - Period to cure campaign finance violation.