Dumpster-fire Doeden is also a disclaimer doofus. Doeden PAC sending out thousands of potentially illegal text messages.

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.