Who Files This Statement: Any PERSON or ENTITY that makes a payment or promise of payment
totaling more than $100.00, including donated goods or services for a communication expenditure that concerns a candidate, public office holder,
ballot question, or political party. SDCL 12-27-16(6)(a)-(e) outlines what types of communications do not need to be reported on this form.
POLITICAL COMMITTEES list Communication Expenditures on their Campaign Finance Disclosure Form.
Deadline To File: Within 48 hours of the time that the communication is disseminated,
broadcast, or otherwise published.
File With: The Secretary of State except local political committees file with their
local election official. Disclaimers for communications: follow SDCL 12-27-16(1)(a)-(c)
Who Does Not File This Statement: Federal Political Action Committees and Federal
Candidate Committees do not have to file a Communication Expenditure with the South Dakota Secretary of State’s office. There is nothing in
South Dakota codified law that requires that filing. Those federal committees are required to file an Independent Expenditure with the
Federal Elections Commission (FEC). Contact the FEC if you have additional questions.
Please Note: 12-27-16 states the Top 5 contributors must be listed on the disclaimer.
We do not give legal advice and will only offer to you what the statute says. What we say isn’t the final say as the penalty for non-compliance
is criminal which would fall to a State’s Attorney or the Attorney General to enforce.
