Author: @SoDakCampaigns

Have you ever just spaced off getting a report in on time? I think most people have.

In politics, it happens to candidates and committees where a campaign finance report is due to the Secretary of State’s office.. and it just doesn’t get there on time.  Most people look at it as an oops, take their lumps and move on.

A number of years back when Chris Nelson was Secretary of State, I was filing for a committee I had, and for some reason I was off by a day on when it was due. (Dammit.) If I recall, that was a $50 fine I had to pay for the day I was off, and I moved on a little wiser (and lighter in the wallet) for the lesson.

Since then, the fines have gotten a little smaller, but the teeth for enforcement have gotten a whole lot sharper.  So, what happens when a candidate intentionally ignores the campaign finance disclosure required by law?

This all comes up, as I was perusing the Internet a couple weeks back to see what might be amusing to write about I stumbled across a tiktok video from former Libertarian State Senate Candidate Carl Abernathey complaining about a letter he’d received about a fine from the State, lamenting that the state says he owes $240 for running for State Senate.. while holding a letter which appeared to be from the state’s Obligation Recovery Center.

This was the first time I’d actually heard of a legislative candidate ignoring all those statutory deadlines and notices to the extent that they had to be referred to the state’s collection agency for the fines and penalties accrued for not following state law. All over failing to file a couple of pieces of paper.

In the campaign finance record, there wasn’t anything more than a statement of organization for Abernathey’s campaign, as well as a a one page December notice of termination which was also a letter of violation of filing.

I reached out to the Secretary of State’s office for any additional public documents and information on the referral to the state’s obligation recovery center. The SOS provided additional documentation, and noted that “The attached documents will answer your questions.”  And they certainly did.

CJAbernathey Doesn’t File Disclosures by Pat Powers on Scribd

What the documents tell us is that the State of South Dakota exercised the rarely used teeth in the laws under 12-27-29.1 and 12-27-29..4, where after failing to file the Campaign Finance report for his general election activity as required by law, the Secretary of State sent Abernathey a notice of violation and order for a civil penalty of $200, as well as giving Abernathey the option for a contested case hearing with the office of hearing examiners.

That was followed up by the December 23 letter terminating the committee, and giving further notice under SDCL 12-27-29.2.

And it continued on with yet another, and final notice where on January 22 of this year Abernathey was noticed that fine needed to be paid within 14 days, or as the letter states:

What happens if I do not pay the debt in full or make payment arrangements within 14 days?

• We will refer your account to the South Dakota Obligation Recovery Center for collection purposes.
• A cost recovery fee in the amount of $40.00 will be added to the amount due.

And that’s exactly what appears to have happened, noting the former Libertarian Candidate’s ill-directed complaint over it costing him $240 to run for office.

Can the former candidate keep ignoring things?  He can, but I’m not sure he’s going to like the results.

Abernathey’s new problem is that while he might have ignored the notices from the Secretary of State, under law, the State’s Obligation Recovery Center has far bigger hammers they can use than just a $240 fine:

1-55-11. Licenses, registrations, and permits withheld from person owing debt referred to center.

No person that owes a debt that is referred to the center may renew, obtain, or maintain:

(1)    Any registration for any motor vehicle, motorcycle, or boat, in which the person’s name appears on the title of the motor vehicle, motorcycle, or boat;

(2)    Any driver license as defined by subdivision 32-12-1(1); or

(3)    Any hunting license, fishing license, state park permit, or camping permit;

unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

Read that here.

In addition to the Secretary of State’s admonishment (in their 1/22 letter) under 12-27-29.3 that they won’t certify Abernathey as a candidate again until his fines are paid, the Obligation Recovery Center adds that the state may refuse to renew, refuse to allow him to obtain or refuse to allow him to maintain his vehicle registrations, any driver’s license, and any hunting license, fishing license, state park permit or camping permit.

If you think the state would not use those hammers on those who owe it money, guess again:

“They told me that If I didn’t pay the bill, they would take my [driver’s] license away,” she said. “I told them, ‘Go ahead, I don’t drive anymore.’”

As a result, her driving privileges have been suspended since 2017.

and…

South Dakota’s ORC can do nearly everything a private collections agency can do plus ask the Game, Fish & Parks Department to suspend a debtor’s hunting privileges if the debt is over $50. The ORC can ask the Department of Public Safety to suspend a debtor’s driver’s license and ask the Department of Revenue to restrict someone from renewing their license plates.

The 20 percent collection fee wouldn’t cover the cost of legal action, so the ORC doesn’t file lawsuits to recover debts, Bollinger said.

The ORC cannot negotiate with debtors who have been ordered by South Dakota courts to pay restitution, fines or court fees, which can make collections on those debts more difficult, Bollinger said. Court-ordered debts also cannot legally be written off, unlike most other debts.

Read that all here.

Ultimately, for a campaign finance violation, that just seems like a lot more headache than paying a $200, now $240 penalty is.

Even more so when you consider it would have been less headache than filing out a piece of paper on a timely basis would have been in the first place.

Just sat down for a wide ranging interview with @govkristinoem to talk all things 2021 legislative session, and a potential special session. Catch it tonight on @dakotanews_now, & @kotatweets pic.twitter.com/oFPiutGnWs

— Austin Goss (@AustinGossSD) April 6, 2021

(Not KELOland? Just kidding.)

Former Republican State Senator Jerry Apa, who served in both the House and in the Senate, passed away on April 1st with funeral services this weekend in Spearfish:

Jerry began his political career with his election to the Lawrence County Commission, serving from January 1979 to December 1986. He was elected, once again, to the Lawrence County Commission from January 1993 to December 1996. Jerry also served in both the South Dakota House of Representatives from 1997 to December 2000, and the South Dakota State Senate from January 2001 to December 2008, the last six years as chair of Senate Appropriations. He then retired from politics until he was elected mayor of Lead for one term in 2013.

Jerry proudly served the citizens of Lead and Lawrence County at both the county and state level and was always appreciative of the support and encouragement he received from the citizens of Lawrence County; but he always considered his election as mayor of his beloved Lead as the pinnacle of his political career.

and..

Rosary services will be held at St. Patrick’s Catholic church starting at 6 p.m. Friday April 9. Mass of Christian burial will be on Saturday April 10, 2021 at 10:30 a.m. at St Patrick’s with Fr. Leo Heisman officiating.

In lieu of flowers, the family requests donations to St. Ambrose Church, the First Interstate Bank Lead-Deadwood Community Foundation, or your favorite charity.

Arrangements are under the care of the Lead-Deadwood Memorial Chapel of Lead, online condolences may be written at www.fidler-isburgfuneralchapels.com.

Read Senator Apa’s Obituary here.

Governor Noem to Name Venhuizen to Board of Regents

PIERRE, S.D. – Today, Governor Kristi Noem announced that she will appoint Tony Venhuizen to the South Dakota Board of Regents. Venhuizen will succeed Kevin Schieffer of Sioux Falls, whose tenure on the Board ended in March. He will depart his role as Noem’s chief of staff in late April, and his appointment will be effective at that time.

“Tony has been an incredible asset to our team, and he will be missed. I am so grateful for his leadership and service to the people of our state,” said Governor Noem. “His institutional knowledge and experience will be an asset to the Board of Regents, and I look forward to working with him in this new role.“

Venhuizen is a graduate of Armour High School. He earned his bachelor’s degree from South Dakota State University and his law degree from the University of South Dakota. Venhuizen has served as Noem’s chief of staff since April 2020, after having served in her office as a senior advisor. Prior to that, he served for eight years in the administration of Gov. Dennis Daugaard, including more than four years as chief of staff.

“It has been an honor to serve with Gov. Noem and her team over the past year, especially as our state confronted the COVID pandemic,” said Venhuizen. “I always intended for my return to the Governor’s Office to be for the short-term, and I am particularly honored that Gov. Noem has asked me to return to the Board of Regents.”

Venhuizen served previously on the Board of Regents from 2003-08, having been appointed three times by Gov. Mike Rounds as the board’s student member. He has served on the Board’s academic and finance committees and on three presidential search committees. While in the Governor’s Office, Venhuizen spent more than eight years as education policy advisor. He chaired the Council on Higher Education Policy Goals, Performance and Accountability and the Open Government Task Force. Venhuizen also served on the Blue Ribbon Task Force and the DakotaCorps Scholarship Board.

Venhuizen lives in Sioux Falls with his wife, Sara, and their three children.

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Finseca Announces Hire of Maggie Seidel as Senior Vice President of Public Affairs and Marketing 

Seidel will be responsible for leading Finseca’s efforts to elevate the brand and reputation of the profession.

WASHINGTON, D.C.— Finseca announced today that Maggie Seidel has been named Senior Vice President of Public Affairs and Marketing. Seidel will be responsible for creating and executing the strategic vision for the organization’s communications, marketing, and branding efforts.

“Finseca is driven by the mission of delivering financial security to all,” said CEO Marc Cadin. “We know that to do that, we have to unify the profession and more effectively tell their noble story in the public domain. Maggie has the skills, expertise, and proven track record to help us achieve our lofty ambitions.”

“I am thrilled to be joining the Finseca team at this transformative time in the organization,” said Maggie Seidel. “Financial security professionals do noble work, and for too long the profession has been caricatured by a select few. I look forward to telling the whole story so that more Americans see this profession as a beacon for American financial and retirement security.”

Seidel is returning to the private sector, effective April 12, 2021, after serving as Senior Advisor and Policy Director for South Dakota Governor Kristi Noem. Prior to joining Finseca, Seidel has spent more than a dozen years working in policy and communications, including years of experience working for the nation’s largest retail banks and some of the world’s largest property casualty insurance companies.

Seidel holds a Master’s degree in Economics from George Mason University, a Master’s degree in Elections and Campaign Management from Fordham University, and a Bachelor’s degree in Political Science from Villanova University. She was also a four-year Division I softball player.

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In addition to people chirping up that they’re interested in running such as former Congressional Candidate Bruce Whalen, or former D35 Indy candidate Brian Gentry who was smoked by Jessica Castleberry last fall, another US Senate wannabe is floating to the top name in the facebook group of many memes and conspiracy theories, “Primary John Thune in 2022”:

“So when I later learned of a breach of the Capitol building, I had to wonder if what I had experienced was anywhere near to what was reported in the mainstream, and it didn’t take me very long at all to conclude that it was all a sham.

I believe that John Thune, Mike Rounds, and Dusty Johnson all know the reality of the January 6 episode, how the breach erupted at the very instant that the gentleman from AZ was about to submit evidence of election fraud before the assembly.“

So.. the breach of the capitol was a sham, and Thune, Rounds and Dusty Johnson were aware of it? 

Ugh. Why do I have the feeling it could be a long and Q-Anon flavored election season?

 

Update..

Mr. Mowry also has this hurdle to overcome, according to the Secretary of State:

It’s kind of hard to say you’re going to run in the Republican primary… when you aren’t actually a member of the Republican Party.

Which means he’ll have to become a Republican to actually run as a Republican.

This should be interesting.

Are you familiar with Lincoln Day Dinners usually held about this time of year? Well, Democrats have their own version as well:

Jefferson–Jackson Day is the annual fundraising celebration (dinner) held by Democratic Party organizations in the United States.[1] It is named for Presidents Thomas Jefferson and Andrew Jackson, which the party calls its founders. During presidential election campaigns, key dinners are important venues for candidates to attend.

It is usually held in February or March around the same time as the Republican Party’s equivalent Lincoln Day, Reagan Day, or Lincoln–Reagan Day dinners.

Read that here.

Which is why it struck me as really odd when I recieved this notice in my e-mail box:

Apparently the founder of the Democrat Party brought baked chicken & caprese skewers to the United States.

Nothing against the author of the Declaration of Independence. But if I’m going to a Republican event in April, I’d stick with a Lincoln Day Dinner theme if it was me.

Update:

Ed Randazzo with the Penn Co GOP was quick to disavow the event and note ..” This Jefferson Birthday event is the brain child of Mark Skogerboe. Mark, who calls himself the Freedom Poet, has spent the last year or so impersonating Abe Lincoln at various events and I guess he’s tired of being Abe. The Jefferson event is not sponsored by the Pennington County Republican Party.”

But, I can’t help but wonder why it was kicked to my e-mail by the Pennington County GOP’s list serv, and the message says “Celebrate Thomas Jefferson’s birthday with Mark as ABE LINCOLN And I can “Pay at the door and RSVP to: penncocop@rushmore.com”

At the very least, it might cause someone to make assumptions.

From the Argus Leader, former Lt. Governor Steve Kirby wrote in support of Gov’s position on Women’s Sports this legislative session:

Governor Noem has a tough job, but once again she has shown wisdom in the face of pressure. Like most South Dakotans, I agree with Governor Noem that only girls should play girls sports, but I know there are strong feelings on all sides of this issue.

Facing tremendous pressure, Governor Noem has charted a course that will protect fairness in women’s sports, while also avoiding costly and unnecessary litigation. This is a South Dakota solution, not a national litigation strategy. I’ve known Kristi for years, and this is what I have grown to expect – a balanced, well-considered approach.

That’s exactly what we should expect from a leader.

Steve Kirby, Sioux Falls

Read it here.

63 Sheriffs Endorse Jackley

Pierre, South Dakota: Marty Jackley announced today that he has received the endorsement of 63 of the 66 Sheriffs in South Dakota.

“When South Dakotans need help it is often the Sheriff and their Deputies who respond to protect us.  No matter what crime, the time of day or the weather conditions they answer that call.  Time and again as Attorney General and a State’s Attorney, I have called upon Sheriffs to testify and to help bring justice for victims in courtrooms across our State.  I am proud to have served with them, and I appreciate their strong support,” said Jackley.

Yankton County Sheriff Jim Vlahakis said, “Marty has been at our side tackling crime head on as Attorney General, US Attorney and a State’s Attorney which is why so many of us in law enforcement are standing behind him now.  With his proven record we know what kind of Attorney General he will be for all of South Dakota.”

Butte County Sheriff Fred Lamphere said, “Marty has always been a strong partner with our Sheriffs, and he has my full support to be our next Attorney General.”

“Marty Jackley will be an Attorney General South Dakotans can be proud of.  He is a conservative who shares our values,” said Lincoln County Sheriff Steve Swenson.  “Marty’s steady hand of leadership and clear vision for the Attorney General’s office is what we need now.”

Jackley announced he is running for Attorney General in 2022 earlier this month.  Last week Jackley announced he had the endorsement of State’s Attorneys from 59 of the 66 counties in South Dakota.

 

Sheriffs Endorsing Jackley

 

Aurora- David Fink Beadle- Doug Solem Bennett- Paul Williams Bon Homme- Mark Maggs Brookings- Martin Stanwick Brown- Mark Milbrandt Brule- Darrell Miller Buffalo- Wayne Willman Butte- Fred Lamphere Campbell- Lacey Perman Charles Mix- Randy Thaler Clark- Robert McGraw Clay- Andy Howe Codington- Bradford Howell Corson- Alan Dale Custer- Marty Mechaley Davison- Steven Brink Day- Ryan Rucktaeschel Deuel- Cory Borg Dewey- Dan Assman Douglas- Jon Coler

Edmunds- Todd Holtz Fall River- Robert Evans Faulk- Kurt Hall Gregory- Timothy Drey Haakon- Fred Koester Hamlin- Chad Schlotterbeck Hand- Shane Croeni Hanson- Brandon Wingert Harding- Wyatt Sabo Hughes- Darin Johnson Hutchinson- James Zeeb Jackson- Matt Haugen Jerauld- Jason Weber Jones- Rich Sylva Kingsbury- Steven Strande Lake- Tim Walburg Lawrence- Brian Dean Lincoln- Steve Swenson Lyman- Steve Manger Marshall- Damien Bahr McCook- Mark Norris

McPherson- David Ackerman Meade- Ron Merwin Mellette- Mike Blom Miner- Rob Eggert Minnehaha- Michael Milstead Moody- Troy Wellman Oglala-Lakota- Joe Herman Perkins- Kelly Serr Potter- Curtis Hamburger Roberts- Tyler Appel Sanborn- Tom Fridley Spink- Frank Krumm Stanley- Brad Rathbun Sully- Bill Stahl Todd- Barry Bailey Tripp- Shawn Petit Turner- Steven Luke Union- Dan Limoges Walworth- Joshua Boll Yankton- Jim Vlahakis Ziebach- Gary Cudmore

I’m reading the Rapid City Journal this AM, specifically comments from the opposing sides on House Bill 1217, and I can’t help but think that given the level of hysteria, it’s not the worst thing in the world that the Governor hit the pause button on the measure so better legislation can be crafted to protect Title IX and women’s participation in sports. Because some of the comments coming out of the debate in the days after are a bit ridiculous:

Rep. Taffy Howard, R-Rapid City, said the pair of executive orders are “absolutely ridiculous” and that Noem is more interested in empty words than actions. Howard, who was a co-sponsor of the bill, said 1217 was a good bill vetted by attorneys across the nation, and the executive orders are worthless as there is no enforcement mechanism.

and..

“I’m tired of politicians who claim to be conservative with their words but don’t follow through with their actions.

Read that here.

The problem with HB 1217’s “attorneys across the nation” is that they’re working for the people who want to add South Dakota as another notch in their belt of passing the measure, and they could care less about the consequences in the state.. unlike the people who have to live here.

And of course, there’s the opponents:

Susan Williams, executive director of the Transformation Project Advocacy Network, also said the new executive orders would hurt transgender children as well as all trans South Dakotans.

and..

“This morning I laid in bed for five hours comatose, just trying to practice self-care,” Williams said Tuesday afternoon. “We’re going to take some time to reflect and help each other heal from a horrid legislative session, which didn’t even give trans people a chance to breathe — the hits kept on coming.”

Also read that here.

Umm.. yeah.  I don’t know that the executive orders are going to do much more than give some minimal guidance to the Dept of Ed, and Regental institutions as they try to figure things out. So they can probably turn down the drama & hyperbole, and rouse themselves from their self-care.

Because we’ll all be back in Pierre soon enough for Round 2 on HB1217, as well as the legislature taking another run at Marijuana regulation legislation.

Stay tuned.