Campaign Finance FAQs
Answers to common questions about committee organization, filing responsibility, contributions, reports, communications, signs, and county political parties.
Who files and where?
Who files campaign finance documents with the Secretary of State?
Statewide ballot question committees, statewide candidate committees, statewide PACs, statewide political parties, legislative committees, county political parties, and auxiliary political parties file with the Secretary of State.
Who files with counties, municipalities, and school districts?
Applicable county candidates and committees, municipal candidates and committees, and school board candidates and committees file with the office where the nominating petition or ballot question petition was filed. Local coverage depends on SDCL 12-27-39 and any ordinance or resolution adopted by the jurisdiction.
When must a committee organize?
A political committee generally must register within 15 days after making contributions, receiving contributions, or paying expenses exceeding $500. If the activity occurs within 30 days of a statewide election, the statement of organization is due within 48 hours. A candidate committee generally must organize within 15 days after the person becomes a candidate.
What is a political committee?
A political committee includes a candidate campaign committee, political action committee, political party, or ballot question committee.
What if a committee files with the FEC, IRS, or another state?
A political committee that regularly files campaign finance disclosures with another state, the Federal Election Commission, or the Internal Revenue Service may not be required to file the same report with the South Dakota Secretary of State.
Committee administration
What are the treasurer's duties?
The treasurer is responsible for accurate contribution, expenditure, loan, income, and donated-goods-or-services records and for timely reports. Civil and criminal penalties may apply to violations.
Can the candidate serve as chair and treasurer?
Yes. A candidate may serve as chair and treasurer. When another person serves as treasurer, the candidate may still be jointly responsible for monetary fines and penalties imposed on the committee.
What records must be maintained?
Committees must maintain accurate receipt and expenditure records. Records are generally preserved for seven years or three years after filing a termination statement for the election, whichever is earlier.
What is CFRS?
The Campaign Finance Reporting System allows committees to register, update committee information, file reports, and search public filings.
Money and disclosure
Do affiliated committees share a contribution limit?
Yes. PACs established, financed, maintained, or controlled by the same person or entity are affiliated and share a single contribution limit under SDCL 12-27-10.4.
What information must be reported?
- Individual contributions above $100 in a calendar year are itemized.
- Contributions of $100 or less are reported but need not be itemized.
- Contributions from PACs, entities, and political committees are itemized.
- Donated goods or services include contributor information and a description.
- Loans, repayments, other income, refunds, and expenditures are reported under the applicable categories.
What may candidate campaign funds be used for?
Candidate committee funds may be used for campaign purposes, expenses incident to being a current or former public official, or donations to another candidate, political committee, or nonprofit charitable organization, subject to SDCL 12-27-50.
What happens if a contribution exceeds the limit?
The treasurer must return an excessive contribution. Accepting a contribution exceeding the applicable limit may result in criminal penalties.
Are anonymous, fictitious, or disguised contributions allowed?
No. Contributions must identify the contributor by name and mailing address. Contributions may not be made in another person's name, under a fictitious name, or disguised as personal gifts.
Special reporting and disclaimers
When is a supplemental report required?
A political committee receiving a contribution of $500 or more within the 20 days immediately before an election must generally file a supplemental report within 48 hours. A donated good or service valued at $500 or more is treated as a contribution.
What is a communication expenditure?
A person or entity making more than $100 in a reportable communication concerning a candidate, office holder, ballot question, or political party generally files within 48 hours after dissemination.
Do federal PACs and federal candidate committees file a South Dakota communication expenditure?
The current Secretary of State guidance states that federal PACs and federal candidate committees are not required by South Dakota law to file that statement with the Secretary of State; federal independent expenditures are filed with the Federal Election Commission.
Are disclaimers required?
Political committees generally must display or clearly speak “Paid for by” followed by the candidate or committee name, subject to the statutory exception for small items. Additional disclaimer requirements apply to independent and coordinated communications.
Signs, public funds, and county parties
Where may campaign signs be posted?
Municipal campaign-sign timing is governed in part by SDCL 9-30-3.1. Signs may not be placed in state highway rights-of-way. Local ordinances may also apply.
May public funds be used to influence an election?
No. State and local public funds may not be used to influence a candidate election or the adoption or defeat of a ballot question. Government entities may present factual information solely to educate voters on a ballot question.
Where do federal candidates file?
United States House and Senate candidates file with the Federal Election Commission.
What does filing by the Secretary of State mean?
The filing duty is ministerial. Filing or refusing to file does not determine whether the document or its information is valid, correct, or incorrect.
What must a county political party file?
A county political party files a statement of organization naming its chair and treasurer and updates the statement within 15 days after a change. Current guidance states that a county political party files one Pre-General report in an even-numbered year and no longer files a year-end report.