S.D. Codified Laws § 12-27-19

Current through the 2024 Legislative Session

Section 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.

SDCL 12-27-19

SL 2007, ch 80, §19; SL 2009, ch 66, §1; SL 2017, ch 71, §20; SL 2018, ch 87, §1.

Amended by S.L. 2018, ch. 87,s. 1, eff. 7/1/2018.

Amended by S.L. 2017, ch. 71,s. 20, eff. 7/1/2017.