Author: @SoDakCampaigns

Pre-primary reports are starting to be posted by the Secretary of State’s office, especially for those that were filed early.  But, is there such a thing as being too early?

According to the Secretary of State’s website, reports should be filed as follows:

PRE-PRIMARY DUE: MAY 20, 2024

• Deadline: Fifteen days prior to the primary election.
• What needs to be reported: All transactions from the last submitted report through May 15, 2024.  (my emphasis)
• Who files: ALL statewide candidates & statewide elected officials, legislative candidates and county candidates (only if there is a race in that office in the district or county), statewide political parties, statewide political action committees and statewide *ballot question committees.

Ok. For activity through May 15th.  Then why was District 14 candidate Tony Kayser signing off on a report on April 26th?

To this point, the only question that came up about Tony Kayser to me was a commercial property owner asking me “who is this Kayser guy who is putting his signs on my property without asking?”  (Yes, that does upset commercial property owners).

But this one is weird. How can you sign off on your report about 2 1/2 weeks early without knowing what you might receive in donations?  Even more interesting is the report itself, and an item that leaped out at me:

Tony Kay Ser pre-primary report by Pat Powers on Scribd

The dude is claiming $159.30 in campaign yard sign expenses in his mostly self-funded campaign?

A number of weeks back, I personally was picking up a load of signs from the sign production house, and had to jockey for position at the door with someone else who was loading a pickup truck load of signs, whom I did not recognize. I caught it later, as I was leaving after I paid. It was Tony Kayser.

The date? April 30th. In fact, I have a cell phone call I made after that to try to figure out who this was, so I have a date and time right there.  On the report, Kayser notes that he had expenses of $159.30 for signs. Based on what I personally witnessed on April 30th, I’m going to call shenanigans (as a nice way of saying B.S.).

$500 or $1500, maybe. But $159? No way. Not what I witnessed according to the number of signs he had filled the back of his truck with. There were a number of 4×6 signs, and a pile of yard signs. And again, this was on 4/30, which according to the laws regarding the pre-primary filing should have included campaign expenditures and receipts up through May 15th.  But, if he jumped the gun and based his report weeks early on 4/26, yes, $159 might be true.. but not accurate to what should have been filed.

This is only the start of campaign reporting weirdness, so stay tuned.

And remember, if you’re putting signs out there, please don’t assume. Ask the property owner first.

Final Explanations Released For State Constitutional Amendments Proposed by South Dakota Legislature

PIERRE, S.D. – Final ballot explanations for two potential constitutional amendments that were adopted by South Dakota legislators have been released by the South Dakota Attorney General’s Office.

Attorney General Marty Jackley takes no position on any such proposal for purposes of the ballot explanation. He has provided a fair and neutral explanation on the proposed constitutional amendments to help assist the voters.

The proposed constitutional amendments will now be on this year’s general election ballot. A majority of the votes cast in the November, 2024 general election will be needed to pass each measure. These two potential constitutional amendments are different than most such proposals because they were proposed by state lawmakers and not by private individuals or groups.

Senate Joint Resolution 501, if approved, would authorize the state to impose a work requirement on individuals who are eligible for expanded Medicaid benefits. The resolution was approved by the 2024 Legislature. https://atg.sd.gov/docs/May%2016%202024%20SJR%20501%20final%20ballot%20intitiated%20measure.pdf

Senate Joint Resolution 505, if approved, would update the text of the State Constitution regarding gender references for certain office holders and persons. The resolution was approved by the 2023 Legislature. https://atg.sd.gov/docs/May%2016%202024%20SJR%20505%20final%20ballot%20initiated%20measure.pdf

State law requires the Attorney General draft a title and explanation for each initiated measure, initiated constitutional amendment, constitutional amendment proposed by the Legislature, or referred measure that may appear on an election ballot. The Attorney General’s explanation is meant to be an “objective, clear, and simple summary” intended to “educate the voters of the purpose and effect of the proposed” measure, as well as identify the “legal consequences” of each measure.

The Attorney General’s explanation was drafted after a review of all the comments received during the proposed amendment’s 10-day comment period. A total of one comment was received.

For more information regarding ballot measures, please visit the Secretary of State website at https://sdsos.gov/default.aspx.

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Guest Column: Elizabeth Warren bill will squelch the entrepreneurship and innovation
by Barry Sackett, Chair/Founder South Dakota Blockchain Coalition

A critical bill impacting South Dakota Banking, Trust, and the growing digital asset industry is pending before the Senate Committee on Banking, Housing, and Urban Affairs. We are fortunate to have Senator Rounds serving on this committee to continue protecting South Dakota businesses.

The Digital Asset Anti-Money Laundering Act brought forward by Senator Elizabeth Warren aims to squelch the entrepreneurship and innovation within this emerging market, and targets digital assets and the utilization of blockchain technology in the financial markets, agriculture, and health care industries.

The importance of South Dakota’s leadership in blockchain technology cannot be overstated. Blockchain technology is transforming the way we conduct business, exchange value, and is heavily impacting the South Dakota Trust Industry.

The regulation proposed in Senator Warren’s legislation essentially makes technology currently being utilized in financial markets around the world unusable in the United States, thus forcing businesses to move overseas to develop products which will become essential in the new world of artificial intelligence and quantum computing. The United States is already behind other European and Asian regulators in understanding digital assets, and this legislation threatens to set us back even further.

As of March, this legislation has received additional co-sponsorship from 16 Democratic and two Republican Senators. We have conferred with Senator Rounds Staff regarding this bill, and he has not signed on to support this legislation and has introduced legislation in the past regarding cyber security. We applaud his efforts and encourage him to work with Representative Dusty Johnson to create a bill mirroring Rep. Johnson’s H.R. 4763, FIT for the 21st Century Act in the Senate. Representative Johnson’s bill creates a clear path to appropriately treat digital assets as commodities instead of security instruments.

We support Senator Rounds advocacy for future South Dakota jobs and leading in this critical emerging industry. The United States Congress needs to create and pass a legal framework for entrepreneurs to competitively operate within the global markets and within the U.S. regulatory system to create confidence for the customers and users of the digital asset ecosystem.

Barry Sackett
Chair/Founder South Dakota Blockchain Coalition

Better start to practice “Duck and Cover” again, because District 31 Senate Candidate Kate Crowley Johnson is in a full red panic, and is using her campaign for office to warn us that “Communism is knocking at our door!“

No. We aren’t back in the 1950’s, despite what some of the weirder candidates might lead you to believe. Crowley is actually campaigning on the issue. She’s not just going after those she considers to be liberals, but she’s going full duck and cover against “so-called conservatives” for not actively going after communism!

Since Kate is in full “red-scare mode,” are we going to have to come up with a different color than referring to ourselves as a Red State?

Just asking?

There’s a new video out from Katie Washnok, candidate for District 3 State Senate.

Check it out:

Well, this campaign piece that just hit my mailbox will get tongues wagging in District 30. While Julie Frye Mueller is putting out campaign pieces that look like a sovereign citizen flyer hanging in someone’s gun shop, this full page piece just hit the streets:

Starting off by noting that Hulse is endorsed by all three Sheriffs in District 30, it then flips over to let people know she’s endorsed by all three mayors (Custer, Hot Springs, and Hill City), a number of community leaders, and that she has the nod from Trump attorney Harmeet Dillon, Turning Point’s Charlie Kirk, Turning Point itself, and also the nod from Americans for Prosperity, who has likely observed incumbent Senator Julie Frye Mueller in action, and said “no thanks.”

What do you think – will this help Hulse take back the District 30 State Senate Seat from Julie Frye Mueller, who has accomplished nothing over the last two years, aside from getting kicked out of caucus, censured, and suspended while her employee harassment case was winding through the Senate?  One can only hope.

My story a few days back about Brown County County Commission Candidate & right-winger Kyler Dinger attacking his opponents and generally being a jerk has found it’s way onto the website for the Aberdeen Insider newspaper:

He said that he, Carl Perry, Logan Manhart, Chris Reeder and Duane Sutton are on the right, or conservative side, while Michael Carlsen, Katie Washnok, JD Wangsness and Steve Roseland are on the left side.

Carlsen said Dinger’s description is “narrow-minded,” while Sutton lamented the situation, saying the divide is hurting the party and only benefiting Democrats.

and..

Dinger called Carlsen, Washnok, Wangsness and Roseland “Zoo Rats,” a reference to a meet-and-greet event they’re having at the Zoo Bar.

and..

Dinger’s comments caught the attention of Republican blogger Pat Powers, who then noted that Dinger pleaded guilty to a misdemeanor charge of illegal dumping in 2020.

That doesn’t reflect well on somebody who now wants to be on the Brown County Commission, Powers said on his Dakota War College blog.

Read the entire story here (subscription required)

Speaking of Zoo Rats, the “Real Republican Party” event being held tomorrow night at the Zoo in Aberdeen is getting some chatter. In case you missed the invite..

I’ve been seeing #ZooRats4Life hastags in conversations, and the hottest political item being talked about among politicos this week with a relation to the Aberdeen Area are the Zoo Rat T-shirts that are rumored to be available at the event.

I want a shirt. I had one member of the legislature comment that he can’t be there in person, but will be there in spirit, because he may have spent an evening or two there while in college. And he wants a t-shirt. I don’t dare tell my own spouse, as an Aberdeen resident at one time, she spent her first year at Northern as a music major, and probably showed her face in there a time or two. And I’m sure she will want one.

The big thing for Republicans is they like a good Republican Party.  So, if you’re in the area Thursday night, head down to the Zoo Bar from 5:00-9:00 PM, and go enjoy yourself. Listen to some great music, and find out about the Real Republican Party candidates.

And in the process, all the better if you have fun, and your presence gives right-winger Kyler Dinger a big fat middle-finger!

Because it’s about supporting Republicans, and not his toxic brand of politics!

Did you get one  of the Toby Doeden Dark Money PAC text messages blasting across the state? If not, I’ve got a few laying around:

For our examples, he’s sending out nonsense about Lee Qualm and Carl Perry. Nothing about Lee Qualm trying to fleece his siblings out of their inheritance, or Carl Perry trying to double everyone’s car insurance rates, because this is political theater. Nope.. here they’re Toby’s champions of conservatism, so he’s not talking about them being slimy or stupid.

So, these political text messages blasting out across South Dakota from Doeden’s dark money PAC hit probably every primary voting Republican in the Districts where he’s endorsed candidates across South Dakota.

Doeden made sure his name was on it… even though he omits any mention that records don’t show him voting in a Republican Primary.

No primary elections between 2004 and 2022. And skipping on general elections in 06 and 14 for good measure.

But there’s a problem, or possibly a couple of them that Toby can chalk up to being stupid or at least hiring stupid people.  Doeden is once again continuing with his chain of unbroken dumpster fire campaigns. because Dumpster Fire Doeden is also a disclaimer doofus!

While Toby put his name on it, he forgot the important part which makes them illegal. Let’s go to the lawbooks!

12-27-15. Political communications to contain certain language–Exceptions–Violation as misdemeanor.

Any printed material or communication made, purchased, paid for, or authorized by a candidate or political committee that disseminates information concerning a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: “Paid for by (name of candidate or political committee).” This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

What? Toby Doeden would have his political action committee send out a communication that was not in compliance with South Dakota laws on campaign disclaimers? Can you imagine?  Well, you don’t have to imagine, because I know I don’t see a disclaimer in those text messages.

It’s a pretty clear statement, and one of the basics that people running for office have to include: “PAID FOR BY ___________“. And it’s omission turns this whole exercise into a blast of a class 2 misdemeanor messages.

But, the disclaimer law isn’t the only law we have to look at. Because may be another one that could come into play.

12-27-16. Statements and disclaimers regarding independent communication expenditures–No control by candidate or political committee–Violation as misdemeanor.

The following apply to independent communication expenditures by persons and entities related to communications concerning candidates, public office holders, ballot questions, or political parties who are not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee:

(1)    Any person or entity that makes a payment or promise of payment totaling more than one hundred dollars, including donated goods or services for an independent communication expenditure that concerns a candidate, public office holder, ballot question, or political party shall append to or include in each communication a disclaimer that clearly and forthrightly:

(a)    Identifies the person or entity making the independent communication expenditure for that communication;

(b)    States the mailing address and website address, if applicable, of the person or entity; and

(c)    If an independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, the following notation must be included: “Top Five Contributors,” including a listing of the names of the five persons making the largest contributions in aggregate to the entity during the twelve months preceding that communication. An independent communication expenditure made by a person or entity shall include the following: “This communication is independently funded and not made in consultation with any candidate, public office holder, or political committee.”.

A violation of this subdivision is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor;

Depending on how the organization is structured, and if these are independent communication statements, there may be a lot of other language being omitted in these text messages that Dumpster-fire Doeden should also be including, as well as communication expenditure statements not being filed with the Secretary of State office on independent expenditures.

Guessing Dumpster Fire Doeden’s DakotaFirst PAC is very likely paying more than $100 a pop per candidate, which would also appear to subject him to additional campaign disclosures.

Don’t forget that Doeden hadn’t filed his PAC’s statement of organization until April 22, 2024, long after he was throwing around cash left and right, and the filing came very, very late. So, if he was playing fast and loose with campaign finance filings, it’s not a stretch at all that he didn’t bother to read the rules on campaign finance disclosure & disclaimer laws.

The Attorney General and Brown County State’s Attorney need to take a hard look at what’s been going on with these thousands of text messages and the campaign disclosure filing requirements that have been fudged or entirely skipped here. Otherwise, why do we have them?

It’s like we have a whole series of laws to keep our politics clean and to provide a level playing field, but when bad players come along and completely ignore the rules, nothing is done.

Attorney General Jackley Announces No Evidence Of Criminal Wrongdoing In Abortion Rights Ballot Measure Telephone Calls

 PIERRE, S.D. – South Dakota Attorney General Marty Jackley announces that the State Division of Criminal Investigation (DCI) has found no evidence of criminal wrongdoing including by volunteers calling signatories of the Abortion Rights ballot petitions.

The volunteers were connected to the group, South Dakota Petition Integrity which is properly registered at the Secretary of State’s Office.

DCI was asked Monday to look into the calls by the Secretary of State’s Office which had received complaints from some of the measure’s signers.  DCI’s investigation found that the calls do not violate existing South Dakota law.

“The DCI investigation acted promptly in reviewing the complaints as well as the scripts used by the volunteers,” said Attorney General Jackley. “Based on the evidence collected, there is no indication of criminal activity.”

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South Dakota Joins Lawsuit Challenging Biden’s Radical Gender Ideology

PIERRE, S.D. – Today, Governor Kristi Noem and Attorney General Marty Jackley announced that South Dakota has joined 17 other states in challenging yet another example of overreach by the Biden Administration to advance radical gender ideology.

“South Dakota has led the nation in ensuring fairness and equality for women in all aspects of life, and we will always strive to protect the rights of our employees,” said Governor Noem. “With this Guidance, the Biden Administration is failing to protect the privacy, safety, and religious rights of all employees. It is an egregious attempt to overly dictate the workplace and unconstitutionally compel speech. South Dakota will continue to fight back against these far-left gender identity mandates.”

The U.S. Equal Employment Opportunity Commission (EEOC) recently released 2024 Guidance, effective immediately, directing that it is harassing conduct to repeatedly misgender or deny access to a bathroom consistent with an employee’s gender identity. The Guidance also directs that it is harassing conduct to inquire of one’s gender identity, making it virtually impossible to even follow the Guidance. 

“The EEOC is unlawfully attempting to burden employers, confuse gender, and limit someone’s ability to refuse sharing a restroom with someone of the opposite sex,” said Attorney General Jackley.

Policymaking of this controversial nature must be left to the elected officials who are accountable to the people, not bureaucrats sitting on the EEOC Commission.

South Dakota joins Tennessee, Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, South Carolina, Utah, Virginia, and West Virginia in filing this lawsuit in the Eastern District of Tennessee.

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