12-27-19. Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor.
Before making a contribution to a ballot question committee pursuant to §12-27-18, an entity shall provide to the ballot question committee the following:
(1)The name or fictitious name of the entity;
(2)The mailing address of the entity's office;
(3)The name and mailing address of each owner or each director and officer of the entity;
(4)The committee name the contribution was given to, the date, and the amount of the contribution; and
(5)The name and mailing address of the person authorizing the contribution.
These requirements do not apply to any donated goods or services.
Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to §12-27-18, an entity shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the entity declaring and affirming, under the penalty of perjury, the following:
(1)The name and street address of every person who owns ten percent or more of the entity, has provided ten percent or more of the entity'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; and
(2)That no part of the contribution was raised or collected by the entity for the purpose of influencing the ballot question.
A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from any entity pursuant to this section. No ballot question committee may accept any contribution from any entity not preceded or accompanied by the statements required by this section. Except as provided by §22-29-1, violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2007, ch 80, §19; SL 2009, ch 66, §1; SL 2017, ch 71, §20; SL 2018, ch 87, §1.
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.