South Dakota Senate Bill SB207

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23
• Report Pass: 2/8/23
• Engrossed: 2/13/23
• Refer: 2/14/23
• Report Pass: 3/1/23
• Enrolled: 3/6/23
• Passed: 3/27/23

Caption

Provide a penalty for the expenditure of public funds to influence the outcome of an election.

Impact

If enacted, SB207 would fundamentally alter the legal landscape surrounding the use of public funds in elections within South Dakota. It establishes fines that range from class 1 misdemeanors for lower amounts of improper expenditure to class 6 felonies for significant violations, thereby creating a clear deterrent against the misuse of public funds. This legislative move is likely to promote greater accountability among public officials and organizations, fostering a more transparent electoral process.

Summary

Senate Bill 207 aims to impose strict penalties on governmental entities that use public funds to influence electoral outcomes. Specifically, it amends § 12-27-20 to make it illegal for state government agencies and political subdivisions, such as counties and municipalities, to spend public money for campaigning, lobbying for ballot measures, or attempting to sway election results. The bill intends to uphold the integrity of elections by ensuring that public resources are not diverted for political gain.

Sentiment

The legislative sentiment surrounding SB207 is largely positive among those concerned with electoral integrity. Proponents argue that the bill is a necessary safeguarding measure to prevent undue influence over elections by government entities, which could undermine public trust in democratic processes. However, some concerns were raised about the potential chilling effect this legislation could have on the ability of governmental entities to provide factual information to citizens concerning ballot measures.

Contention

While supporters champion SB207 as a means to prevent corruption and promote ethical governance, opponents express concerns about the potential for overly restrictive interpretations that could hinder legitimate communication by public officials about ballot issues. The bill raises critical questions about balancing the need for election integrity with the rights of public entities to inform voters, leading to ongoing debates in legislative discussions.