Doeden offering free food & drink at event.. isn’t that skirting up to the edge of SDCL 12-26-15 & 16?

This afternoon, Toby Doeden has apparently announced that he’s caving a party for his campaign in Sioux Falls, and is declaring that he is providing free food and free drink to everyone who shows up on Sunday at the District for his Superbowl Party.

I wonder a couple of things. Do they have to get a broadcast license from the NFL to display that, or does the venue provide that? But more importantly, it’s the Free Food – Free Drinks portion.

Does that come close to running afoul of SDCL 12-26-15 and 12-26-15?  In case you are wondering about the statutes:

12-26-15. Bribery of voter as misdemeanor–Acts constituting bribery.

It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person:

(3) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to induce the person to procure or endeavor to procure the election of any person, or the vote of any voter at any election;
(4) To procure or engage, promise, or endeavor to procure, in consequence of any gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at any election;
(5) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same or any part thereof shall be used in bribery at any election, or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
(6) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition;

and..

12-26-16. Acceptance of bribe by voter as misdemeanor–Acts constituting acceptance of bribe.

It is a Class 2 misdemeanor for any person, directly or indirectly, by himself or through any other person:

(1) To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls at any such election;

(2) To receive any money or other valuable thing during or after an election, for himself or any other person for having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having gone to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, for any particular person at such election.

If I show up to that event, and they feed me all the free food I can eat, and all the beer I can drink (or at least I used to when I was younger, I just want a good night’s sleep anymore), that could be a not-insignificant granting of value from the host. I mean really.

I have the feeling there will be petitions on a table to sign. And there will be people there to get others to vote for Toby in the future.

It is a Class 2 misdemeanor to offer, promise, or give any gift (including food & drink) to influence a voter to vote for a particular person, or to reward them for voting, or signing a petition.

When you’re advertising free food and free drink, intended or not, it raises some questions about what you’re encouraging.  And how you’re going to avoid – or not avoid – the prohibitions in state law.