South Dakota § 12-27-16.1 - Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 12-27-16.1 — Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor., with citation guidance and answers to common questions.
§ 12-27-16.1. Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.
Any political committee, entity, or person that makes a communication clearly identifying a candidate, public office holder, ballot question, or political committee, other than an independent communication expenditure that is not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee, shall append to or include in each communication a disclaimer that:
(1) Identifies the political committee, entity, or person making the communication; and
(2) States the address or website address, if applicable, of the political committee, entity, or person.
If the communication is an independent expenditure made by a person or entity, then the disclaimer shall include the following: "This communication is independently funded and not made in consultation with any candidate, political party, or political committee." If the independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, then the following notation must also be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions to an entity during the twelve months preceding that communication. Any person or entity making a communication under this section has the same reporting requirements as § 12-27-16. Any political committee making a communication under this section shall include each communication as an expenditure on the campaign finance disclosure report.
A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.
Source: SL 2017, ch 72, § 17, eff. Feb. 2, 2017; SL 2017, ch 71, § 17.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 12-27-16.1
What does South Dakota Codified Laws § 12-27-16.1 cover?
Section 12-27-16.1 ("Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 12-27-16.1?
A common citation format is "South Dakota Codified Laws § 12-27-16.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 12-27-16.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.