2023 Senate Bill 207 - SD Legislature provide a penalty for the expenditure of public funds to influence the outcome of an election.

2023 South Dakota Legislature

Senate Bill 207

ENROLLED

An Act

ENTITLED An Act to provide a penalty for the expenditure of public funds to influence the outcome of an election.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   12-27-20 be AMENDED:

12-27-20. The state, an agency of the state, and the governing body of any county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or any political subdivision who is speaking in the officer's or employee's personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.

It is a Class 1 misdemeanor if the state, an agency of the state, or the governing body of any county, municipality, or other political subdivision expends one thousand or more in public funds in violation of this section. It is a Class 6 felony if ten thousand or more in public funds is expended in violation of this section.

An Act to provide a penalty for the expenditure of public funds to influence the outcome of an election.

I certify that the attached Act originated in the:

Senate as Bill No. 207

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk

Senate Bill No. 207

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2023 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2023

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2023

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State

Statutes affected:
Introduced, 02/01/2023: 12-27-20
Senate State Affairs Engrossed, 02/08/2023: 12-27-20
Enrolled, 03/06/2023: 12-27-20