The proposed bill seeks to prohibit the use of public funds for campaigning or any partisan activities by public bodies, officers, or candidates for public office in South Dakota. It amends existing law to clarify that no public resources, including tax revenues, facilities, or equipment, may be used for campaign-related purposes. Specific activities that are prohibited include the payment of dues to partisan organizations, the use of public funds to influence elections, and the allocation of public employee income to entities engaged in partisan activities, with the exception of charitable organizations recognized under federal tax law. The bill also establishes that violations will be classified as a Class 1 misdemeanor and outlines the definition of "campaign" for clarity.

Additionally, the bill introduces new provisions that mandate restitution for any person who knowingly receives contributions in violation of the law, requiring them to pay back the greater of the public cost or market value of misappropriated resources. It also clarifies that the law does not restrict public officials from performing their constitutional duties and outlines specific exceptions for communications among legislative members, comments directed at constituents, and appearances by public officials in their official capacity. These changes aim to ensure transparency and accountability in the use of public funds while allowing officials to fulfill their responsibilities.

Statutes affected:
Introduced, 01/30/2025: 12-27-21