Section 12-27-37 – Confidentiality of records.
12-27-37. Confidentiality of records. The attorney general shall keep each record inspected or examined confidential except when the records are used to enforce provisions of this chapter associated with a criminal or civil action. Source: SL 2007, ch 80, §37; SL 2017, ch 222 (Initiated Measure 22), §27, eff. Nov. 16, 2016; SL 2017, ch […]
Section 12-27-38 – Candidate may not be certified or to forfeit office for felony violation.
12-27-38. Candidate may not be certified or to forfeit office for felony violation. If any candidate is proved in a contest of an election to have violated any provision of this chapter punishable by a felony, the candidate may not be certified for election or the candidate shall forfeit his or her office. The office […]
Section 12-27-39 – Application of campaign finance requirements.
12-27-39. Application of campaign finance requirements. The provisions of this chapter apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than ten thousand according to the most recent Federal census, ballot questions in first class municipalities, and school district offices and ballot questions in […]
Section 12-27-40 – Investigation and prosecution of violations by state’s attorney–Civil actions.
12-27-40. Investigation and prosecution of violations by state’s attorney–Civil actions. The state’s attorney shall investigate any violation of the provisions of this chapter relating to elections for county and school district office or county, municipal, or school district ballot questions, and prosecute any violation thereof. In lieu of bringing a criminal action, the state’s attorney […]
Section 12-27-41 – Filing by electronic transmission.
12-27-41. Filing by electronic transmission. Any statement required to be filed under this chapter may be filed by electronic transmission in accordance with the methods approved by the secretary of state. To be timely filed, any statement received by electronic transmission shall be legible and readable when received by the means it was delivered. Source: […]
Section 12-27-42 – Place of filing.
12-27-42. Place of filing. Any statement, form, or filing required by this chapter shall be filed with the secretary of state in the case of a statewide office or legislative office election. Any statement, form, or filing required by this chapter shall be filed with the county auditor in the case of a county office […]
Section 12-27-43 – Action for civil penalty for certain violations.
12-27-43. Action for civil penalty for certain violations. The attorney general may bring an action for a civil penalty against any person, political committee, political party, or organization that violates §12-27-16 or 12-27-17, in addition to any other penalties provided by law. The civil penalty may not exceed two thousand dollars for each violation. Source: […]
Section 12-27-45 – Additional standards adopted by political subdivision.
12-27-45. Additional standards adopted by political subdivision. Nothing is this chapter prevents any political subdivision from adopting additional standards or requirements relating to campaign finance for elections held under the political subdivision’s own jurisdiction that are more stringent than the provisions of this title. Source: SL 2012, ch 86, §4.
Section 12-27-47 – Affidavit alleging violation of campaign finance requirements–Contested case–Referral for investigation.
12-27-47. Affidavit alleging violation of campaign finance requirements–Contested case–Referral for investigation. Any person may file with the secretary of state a sworn affidavit alleging a violation of the campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, […]
Section 12-27-47.1 – Report of certain campaign finance violations to secretary of state–Investigation–Civil penalty.
12-27-47.1. Report of certain campaign finance violations to secretary of state–Investigation–Civil penalty. Any resident of South Dakota may report a violation of §12-27-12, 12-27-16(1), 12-27-18.2, or 12-27-19 to the secretary of state, who shall investigate the alleged violation and determine whether a violation occurred. In addition to any criminal penalty imposed under §12-27-12, 12-27-16(1), or […]