Registering A Political Campaign In South Dakota: A Step-By-Step Guide

If you're planning to run for office in South Dakota, there are a few things you need to know about registering your political campaign. South Dakota has specific requirements for campaign finances and disclosures that you'll need to comply with. These include rules around campaign signs, contribution limits, and disclosure statements. You'll also need to familiarise yourself with the requirements for candidate campaign committees, which must have a chair and treasurer, and the regulations around what can and cannot be accepted in terms of contributions. Finally, you'll need to register to vote, which can be done through a Voter Registration Form or at a driver's license station.

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Registering to vote in South Dakota

In a Primary election, a voter is given only the ballot for the party which the voter is registered with, except for voters registered as an Independent or No Party Affiliation (NPA). The South Dakota Democratic Primary is open to registered Democrats and Independents/No Party Affiliation voters, but not Republicans. The South Dakota Libertarian Primary is open to voters registered as Libertarian, Independent, or No Party Affiliation. The South Dakota Republican Primary is open only to registered Republicans. If you decide to change your party affiliation, you must update your voter registration by completing a voter registration form, then mailing or returning it to your County Auditor.

To vote in South Dakota, you must be a resident of the state and not be judged mentally incompetent by a court of law. You also must not be serving a sentence for a felony conviction.

Registered voters can vote in person once Absentee Voting begins at their County Auditor's office by bringing along a valid photo identification card (ID). If a voter does not have a photo ID, they must be given the option to sign a personal identification affidavit and vote with a regular ballot. The polls are open from 7 a.m. to 7 p.m. local time. All voters who appear at a polling place must show proof of identification. Approved forms of photo identification include a South Dakota driver's license or non-driver ID card, a U.S. government photo ID (passport is acceptable), and a current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education.

Campaign finance requirements

Campaign Finance Disclosure Statements

Political committees must list communication expenditures on their Campaign Finance Disclosure Report within 48 hours of the communication being published or broadcast. The Top 5 contributors must be listed on the disclaimer, as per SDCL 12-27-16(1)(a)-(c).

Year-End Statements

These must be received by the South Dakota Secretary of State by 5:00 p.m. on February 1 each year. This statement must include information from the last filed report up until the last day of the preceding calendar year.

Supplemental Statements

A supplemental statement must be filed within 48 hours of receiving a contribution of $500 or more within 14 days before an election.

Statement of Organization

A candidate must file a Statement of Organization with the South Dakota Secretary of State within 15 days of becoming a candidate. A person is considered a candidate if they raise, collect, or disburse contributions over $500, have authorized the solicitation of contributions, or have created a candidate campaign committee.

Record-Keeping

The treasurer of a candidate's political committee must maintain detailed and accurate records of all contributions, loans, receipts, invoices, and bills for seven years, or three years past the date of filing the termination statement, whichever is earlier.

Campaign Bank Account

While not required, it is recommended that candidates maintain a separate campaign bank account to simplify record-keeping.

Campaign Signs

Campaign signs are permitted on private property in residential, business, commercial, or industrial zones, with the permission of the property owner. Signs must be placed no earlier than ten days before the start of absentee voting in an election.

Contribution Limits

All political action committees established or controlled by the same person or entity are affiliated and share a single contribution limit. Contributions over $100 in a calendar year from individuals must be itemized, while those $100 or less need not be but must still be reported. All contributions from Federal, out-of-state, or South Dakota political action committees (PACs) must be itemized.

Campaign committee rules

Each candidate must have a campaign committee, defined as "any entity organized by a candidate to receive contributions and make expenditures for the candidate." The committee must have a chair and a treasurer, which can be the same person, and these roles are appointed by the candidate, who may also serve in either or both positions. The treasurer must maintain detailed and accurate records of all contributions, loans, receipts, invoices, and bills for seven years or three years past the date of filing the termination statement, whichever comes first.

No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant. No person, organization, candidate, political committee, or political party may give or accept anonymous contributions. Any contribution, money, or other valuable items received from an unknown source must be donated to a nonprofit charitable organization. Organizations, including business corporations, limited liability companies, and nonprofit corporations, are prohibited from contributing to candidate committees or political parties. Candidates for the United States Senate, House of Representatives, or statewide office in South Dakota are also prohibited from accepting contributions from any state, state agency, or political subdivision of the state.

Political committees must list Communication Expenditures on their Campaign Finance Disclosure Report within 48 hours of the communication being published. This report must be filed with the Secretary of State, except for local political committees, which file with their local election official. The Top 5 contributors must be listed in the disclaimer, and the statement, "Paid for by (Name of candidate or political committee)," must be displayed on any printed material or communication.

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Candidate requirements

To register a political campaign in South Dakota, candidates for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot.

There are three basic methods by which an individual may become a candidate for office in South Dakota:

• Seek the nomination of a state-recognized political party: In this case, the individual must file a petition no earlier than January 1 and no later than the last Tuesday of March at 5 p.m., prior to the primary election. The petition must contain the required signatures and a declaration of candidacy. The declaration must be completed in the presence of an authorized notary public. A petition for a party office or partisan public office must be signed by no less than 1% of the party's total registered members in the applicable electoral district.
• Run as an independent candidate: Independent candidates must file with the South Dakota Secretary of State or county auditor. Filing must be completed no earlier than January 1 at 8:00 a.m. and no later than the last Tuesday of April at 5:00 p.m., prior to the election. An independent candidate's certificate of nomination must be signed by registered voters within the applicable district or political subdivision, with the number of signatures being no less than 1% of the total combined vote cast for governor in the last election within the district or political subdivision. Registered party members cannot sign petitions for independent candidates.
• Run as a write-in candidate: The specific requirements for write-in candidates are not mentioned, but this is a valid option for individuals seeking to run for office in South Dakota.

All candidates must have a campaign committee, defined as "any entity organized by a candidate to receive contributions and make expenditures for the candidate." The candidate's campaign committee must have a chair and a treasurer, which may be the same person, and they are appointed by the candidate. The committee must maintain detailed and accurate records of all contributions, loans received or made, receipts, invoices, and bills for seven years or three years past the date of filing the termination statement, whichever is earlier.

Additionally, no candidate may accept any contribution from any state, state agency, or political subdivision of the state. Any contribution, money, or other things of value received from an unknown source must be donated to a nonprofit charitable organization.

Signage regulations

When it comes to signage regulations for political campaigns in South Dakota, there are a number of rules that must be followed.

Firstly, it is important to note that municipal and county ordinances do not have precedence over state jurisdiction and supervision of state highway rights-of-way. This means that political campaign signs cannot be placed on state highway rights-of-way. In addition, city ordinances typically prohibit signs in public rights-of-way, including the area from the sidewalk to the curb in front of a property. Signs placed in these areas are subject to immediate removal.

Temporary political signs are allowed, provided they are placed on private property and do not block required sight triangles, impede traffic, or occupy parking areas. These signs must also adhere to size restrictions, with a limit of 32 square feet in total and a maximum height of eight feet.

Signs must be placed adjacent to a transportation right-of-way and must have the permission of the property owner. They can be placed in yards or in front of buildings, but cannot be located within the public right-of-way.

It is also important to note that all political committees must display or clearly state the following on any printed material or communication: "Paid for by [Name of candidate or political committee]". This disclaimer ensures transparency and compliance with South Dakota's campaign finance laws.

Frequently asked questions