Related to yesterday’s story on Toby Doeden of Aberdeen running polling and announcing that he’s exploring a run for Congress, out of curiosity, I visited the website for the Federal Elections Commission (FEC) to re-check at what threshold that people looking at running for federal office can spend before they actually have to file. And I discovered a distinction that I don’t think I’d read before on the FEC website.  As noted:

Before deciding to campaign for federal office, an individual may want to “test the waters” to explore the feasibility of becoming a candidate. For example, an individual may want to conduct polls or travel around the state or district to see if there is sufficient support for their candidacy.

An individual who merely tests the waters, but not to campaign for office, does not have to register or report to the FEC. This is the case even if the funds raised and spent to test the waters exceed the $5,000 candidate registration threshold.

and..

After exceeding the threshold, the individual must register with the FEC as a candidate, designate and register a principal campaign committee, and begin to file reports. The first report must include all activity that occurred during the testing the waters period.

Read that here.

Now here’s a caveat that I hadn’t noticed in prior years..

Testing the waters vs. campaigning

An individual may carry out a variety of activities to test the waters. Examples of permissible testing the waters activities include conducting polling, traveling and making telephone calls to determine whether the individual should become a candidate.

Campaigning

Certain activities, however, indicate an individual has decided to become a candidate and is no longer testing the waters. In that case, once the individual has raised or spent more than $5,000, the individual must register as a candidate. As mentioned earlier, when an individual decides to run for office, funds that were raised and spent to test the waters apply to the $5,000 threshold.

Campaigning (as opposed to testing the waters) is apparent, for example, when:

• Make or authorize statements that refer to themselves as candidates (“Smith in 2024” or “Smith for Senate”);

• Use general public political advertising to publicize their intention to campaign;

Read that in the same place.

Accompanying the polling that Doeden did was a hit-piece video that his committee produced. And now there is a website that is on the Internet, with examples that seem to skirt the guidance being provided by the Federal Elections Commission..

“Help the Toby for Congress campaign” would certainly seem to be “statements that refer to ones’ self  as a candidate.” Not to mention appear to be general public political advertising that publicizes his intention to campaign.

It has been said… and I know because I’ve said it… that the Public Utilities Commission is one of the best elected gigs one can have in the state.  Why?  #1 – The terms are six-year, as opposed to 4 year terms. #2 – The salary is not set in statute. And #3 – It was not part of the 1992 constitutional change that limited many constitutional officers to 2 terms (because it’s not a Constitutional but statutory office).

However, at least one of those advantages might change if the legislature has it’s way. House Bill 1053 would put PUC offices under the same 2-term limit as other statewide elected officials. The measure is pretty simple, and reads as follows:

An Act to create term limits for public utilities commissioners.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 49-1 be amended with a NEW SECTION:

No person may serve more than two consecutive terms on the public utilities commission. This section applies to terms beginning after July 1, 2024.

Appointment to fill a vacancy or election to complete an unexpired term of office pursuant to § 49-1-5 does not count as a term for the purposes of this section.

That change could correct a 30 year-old disparity between the PUC offices and the rest of elected state government, and with most of the current PUC Commissioners well into their second or third term, and unlikely to serve more than two more terms after July 2024, it would likely not affect the current elected officials.

State Representative Roger DeGroot to run for Re-Election to District 7 State House

With more than 40 years of service in education, including serving as Superintendent for the Brookings School District, Dr. Roger DeGroot of Brookings announced today that he is running for re-election to the office of State Representative in the District 7 House race, representing the communities of Brookings and Aurora.

Representative DeGroot noted, “During my first year as State Representative, I’ve been an active part of the House Education and Taxation Committees during session. Since session, I’ve been part of the rules review committee overseeing the rules process for state agencies, and served on the legislative Medical Marijuana Oversight Committee as we try to navigate how South Dakota administers this new program.”

“When I was first asked about what I wanted to work on in Pierre if elected, my first response was education because it has been such a big part of my life and a focus in our community with South Dakota State University and the Brookings School District,” DeGroot said. “But as much as education is a concern, so is making sure that our government works for state employees, including University faculty members, and those who interact with government as part of doing  business in South Dakota.”

Roger first won election to serve as District 7 State Representative in 2022.  Dr. DeGroot retired in 2015 after serving 40 years in education, with the last 8 as the superintendent of the Brookings School District. Roger began his career as a teacher in 1975. He served as the superintendent of schools in Lennox and Brookings. During his career, he served as an educational leader and mentor. He not only built schools in the Lennox and Brookings School Districts, but he also provided avenues for young people in the profession to earn advanced degrees.

After retirement, Roger returned to education and served one term on the Brookings School Board, as well as mentoring student teachers through Dakota State and South Dakota State University. In 2021, Roger was honored by his peers in the education community as recipient of the Distinguished Service Award by the South Dakota School Superintendent Association.

Roger and his wife Diane have been Brookings residents for over a decade, and are the proud parents of 3 adult children.

Derby Seeks Re-Election to State House

RAPID CITY, SD — January 7, 2024 — Rep. Mike Derby announces re-election bid for State Representative in District 34.

Derby, current Chair of the House Committee on Appropriations said, “It is both an honor and a privilege to chair the Committee and lead the way to a balanced State Budget for the people of South Dakota once again.” Notably, last year Rep. Derby helped guide the largest tax cut in South Dakota history. “We reduced citizens’ tax burden by $104 million annually by cutting the state general sales tax in 2023,” Derby added.

Derby’s reliable presence in Pierre taps into his extensive experience as a Rapid City business owner, community leader and public servant. He has been named a Pro-Business Champion, has not missed a single floor vote during the last three sessions, and has served in leadership positions on the Legislature’s Executive Board, Redistricting Committees, and served on the House Taxation and Transportation Committees. Additionally, during an interim, he served on the Property Tax Summer Study Committee.

“Continuity of leadership for Rapid City and Western South Dakota is critical. District 34 now has a seat at the table when important decisions are made that affect our residents. I hope the voters will send me back to Pierre to continue in this important role,” Derby emphasized. “No matter what, I will continue to be your tireless advocate for District 34.”

Mike Derby is a longtime resident of Rapid City. He and his wife, Carmen, have been married 40 years, have two adult children and four grandchildren.

Tim Reisch Announces Reelection Bid to the State House

Rep. Tim Reisch has announced that he will seek a second term in the State House of Representatives from District 8 in 2024.  Reisch was elected to his first term in 2022 finishing first in a three-way Republican primary.  He serves as Chair of the House Military and Veterans Affairs Committee, and as a member of the Education, Government Operations and Audit and Judiciary Committees.

Reisch has lived a life of public service including a 40-year stint in the SD National Guard which culminated in his serving as its Adjutant General from 2011 to 2019 under Governors Dennis Daugaard and Kristi Noem.  He also served in Governor Mike Rounds’ cabinet as Secretary of Corrections from 2003-2011. His first foray into politics came early when he emerged from a field of seven to be elected Miner County Sheriff at age 24.  He was reelected to four subsequent 4-year terms as Sheriff before beginning his service in state government.

Reisch holds a bachelor’s degree in public administration from Upper Iowa University; a master’s degree in administrative studies from the University of South Dakota and a master’s in strategic studies from the US Army War College.  In addition to his duties as a state legislator, Reisch also serves part-time as Miner County Veterans Service Officer.

Reisch and his wife Anne are active members of St. Agatha Catholic Church in Howard and proud parents of five children and six grandchildren.  He is also an active member of Howard’s American Legion Post 145.  “I look forward to continuing my service to the citizens of District 8 which includes all or portions of Brookings, Kingsbury, Lake and Miner Counties.”

Hometown Hoops
By Sen. John Thune

For three days in January, a high school gym in small-town South Dakota feels like the center of the universe. For West River basketball players and fans, the Jones County Invitational in Murdo is the place to be this time of year. You can count on fans coming from all over to support their local team competing for the tournament title. In mid-January, there’s nowhere I’d rather be than back in the bleachers in my hometown cheering on the Jones County Coyotes.

The Jones County Invitational has a special place in my heart. The 1969 inaugural tournament was organized by my high school basketball coach, Jerry Applebee, and my dad, Harold Thune, who was our school’s athletic director, and Murdo Superintendent Maurice Haugland. They didn’t know how long the tournament would last, but each year, as the entire community came together to make it a success, the tournament became further engrained in the area’s DNA. Now in its sixth decade, it’s still going strong, and it’s a cherished part of the impact that my dad and Coach Applebee had in our community and on countless young athletes in Murdo, myself included. 

I can remember sitting in the stands as a kid dreaming of one day playing in the big tournament. When I was in high school, my team played in it all four years. I’ll never forget the rush of adrenaline I got coming out of the locker room to a packed house for those games – although it could hardly compare to the thrill of actually winning it all, which we did twice.

Basketball, and sports in general, was an important influence in my life. I learned a lot from my dad and Coach Applebee about working hard, playing as a team, and the importance of staying humble – lessons that go far beyond basketball.

The Jones County Invitational also introduced me to another important influence in my life: Jim Abdnor. In the Friday night semi-final game my freshman year, I made five out of six of my free throws. The next day, at the checkout of the Main Street department store, someone tapped me on the shoulder and said, “I noticed you missed one last night.” It was then-U.S. Rep. Jim Abdnor. Jim would go on to become a great friend, mentor, and boss, but the Jones County Invitational was how I got introduced to him, and that chance meeting opened the door that would lead me to public service. 

This January, once again, I will be in the Harold Thune Auditorium for the Jones County Invitational. I’m looking forward to being back in Murdo – the town where I grew up – reconnecting with old friends and, of course, seeing talented athletes play some great South Dakota basketball. I hope to see you there!

###

“Under God, the People Rule”
By: Governor Kristi Noem
January 5, 2024

We are closing in on one of the busiest times of year here in Pierre, South Dakota: legislative session. As we enter into our first week of session, and as I prepare to deliver the State of the State Address, I can’t help but think about some of the core reasons why we all engage in public service.

I came to Pierre as a legislator because I saw the effect that bad tax policy had on my family. After almost losing our family farm, I knew something had to be done. So I took it upon myself to make real change happen. That has been a driving force of mine ever since – to make a difference in our state, and to build a South Dakota that my kids, and now my grandkids, can be proud of.

I hope that the legislators heading to Pierre in the coming days have the same kind of passion as I do. I firmly believe that if we can all agree on why we do what we do, we can come together to create the best legislation possible for South Dakota.

Even more than just my own desire to make a difference, I am inspired by our people. I consider them in every decision that I make. South Dakota’s state motto is “Under God, the People Rule.” That is not just a passing statement; it is something that I take very seriously.

It is not the job of government to do everything for people. Rather, it is the job of government to empower people to do things for themselves.

That is the ideal that is at the heart of conservative policies. And over the last several years South Dakota has shown the entire nation that those policies work. During the pandemic, we preserved Freedom and let our people make the best choices for themselves and their families. Today, we are continuing to preserve Freedom and tell our story of hope to the rest of the country.

I have always believed that, under the right leadership, South Dakota could become this example of the success that can come when conservative policies are implemented and executed properly. That is exactly what we have been able to do – but we aren’t stopping now.

That’s one thing I have learned from our people over the years. South Dakotans are some of the hardest working folks I know. We never say, “good enough.” We keep on working to get better.

So, this legislative session, I want to encourage our legislators to do the same. Don’t stop working for the people just because we’ve had so much success already. Instead, let’s come together to find even more ways to grow, to improve the lives of South Dakotans, and to make sure our great state is always the Freest state in America.

I am looking forward to kicking off a successful legislative session. I am looking forward to telling South Dakota’s story of hope. And, most of all, I am looking forward to continuing to serve the people of South Dakota.

###

It’s an Emergency
By Rep. Dusty Johnson
January 5, 2024

BIG Update

For years, there has been public concern about members of Congress buying and trading individual stocks while they’re in Congress due to their authority to regulate corporations and access to confidential information. We can mitigate this concern and protect public trust in our institutions by prohibiting members of Congress and their families from trading individual stocks.

I’ve long been a supporter of the TRUST in Congress Act to require Members of Congress and their families to place their investments, like individual stocks, in a blind trust during their tenure in Congress. Members of Congress should be held to a high ethical standard, and they shouldn’t be able to use confidential information for personal gain.

BIG Idea

This week, I had the honor of shadowing Dr. Eide at Monument Health’s Rapid City Emergency Department. While this is the busiest emergency department in all of South Dakota, North Dakota, and Wyoming, Dr. Eide and the healthcare professionals remain composed and compassionate with every patient.

Dr. Eide taught me more about our healthcare system in that short time than I could have dreamed possible, all while providing exceptional care to patients with a variety of complex medical needs. Thank you to Dr. Eide, his coworkers, Monument Health, and the patients who allowed me to observe their care.

I’m grateful for the valuable insight Dr. Eide provided on how emergency departments manage triage, deal with paperwork and records, handle workplace violence, and work for better health outcomes.

BIG News

It’s an emergency – this week, our national debt topped $34 trillion. Earlier this year, the Congressional Budget Office projected that debt to keep growing, but not slowly. Over the next ten years, we can expect the national debt to grow by $22.1 trillion. With high interest rates, the amount of interest paid on the national debt is skyrocketing. By 2027, these interest payments will be more than our defense spending. And by 2051, interest payments will be the highest government expenditure, forcing the federal government to divert money away from other government functions, like the VA and our military, just to pay our bills.

I’ve opposed $13 trillion in reckless spending by President Biden and Congressional Democrats, but there is more work to be done. These numbers prove our nation’s fiscal habits are reckless and out of control. I’ll continue to make fiscal responsibility a top priority in 2024.

Interesting filing with the South Dakota Secretary of State this week, as the South Dakota Freedumb… Er, Freedom Caucus has filed their PAC paperwork for 2023, providing a glimpse into who their members are. Or at least, who is funding them:

FreedomCaucus_2024 by Pat Powers on Scribd

The group appears to be mostly a west-river centered group, although of the 20k they raised, they collected $1100 from none other than Lora Hubbel. And a big donation of $5000 from an Evelyn Pederson of Worthing, SD.  Not a familiar name, although there is an Evelyn Pederson of Worthing who is in the EWG Farm Subsidy database, who collected $1.5 million in subsidies from the federal government over the years (Freedom!).  Another $5k donation from the Pat Heinsohn Trust rounds out half of their funding.

Stay tuned. More to come.

*UPDATE* 

I’ve had a few readers point out to me now that Evelyn Pederson from Worthing, in addition to being one of the Freedom Caucus’ principle backers, is also the mother of State Representative Karla Lems.

Food for thought.

The “South Dakota Property Rights” group is on the Internet encouraging people to attend their rally tomorrow at the Capitol claiming that “individual rights are being taken by wealthy corporations.”  But it’s hard to get past a few self-interested facts of the matter, as they relate to the people behind the rally.

The South Dakota Property Rights group write on their website that they are going to the legislative session in Pierre this year, with the group’s primary contact is Jared Bossly – a farmer who was involved in some trouble early last year, but really doesn’t talk about it much on the group’s website.. nor does he really mention it in his press junkets.

Bossly was in the news this last May, after Summit Carbon Solutions attempted to survey his land among others, with Summit having to go so far as to seek a court order last April to be able to conduct their surveys. What happened when they attempted to do so?  As the Argus Leader related..

Bossly’s wife allegedly replied they were “not wanted here” and informed them her husband was on his way to the site, according to the affidavits.

and..

After the lead surveyor told Bossly he would ensure they clean up after themselves, the farmer allegedly responded, “when I get there, I’m killing the first person I see.”

The lead surveyor then asked Bossly’s wife if they could complete the surveys. Bossly’s wife did not answer the question and instead repeated that her husband was on her way to the site.

Upon hearing this, the surveyors left Bossly’s property without completing the surveys and have not returned “due to his threat that he would kill us,” the affidavits state.

and..

Bossly claimed to have video of the Summit Carbon crews stepping into his shop. He later equated the surveyor’s attempts to reach Bossly by knocking on doors around his property and the alleged entering of his shop to “trespassing/breaking and entering.”

Read that here.

2023-05-17 Aff-Affidavit Declaration of Dominique Salgado by Pat Powers on Scribd

Both sides found themselves in front of a judge as a result of Bossly failing to honor the court order, and as alleged by the surveyors as they filed in their affidavit (one of which is above), their claim of his threat to kill them.  According to the transcript of the hearing held in the matter..

06civ22-000253_transcript of Motion Hearing by Pat Powers on Scribd

While the judge ultimately decided he wasn’t going to rule on Summit’s request to hold Bossly in contempt, he did have some commentary that offered some insight about how he viewed what happened (Page 21).

So don’t do something foolish that’s going to get somebody hurt. That goes for both sides. The surveyors — obviously, I don’t know who they are. There’s been no other allegations made to me that they’ve walked in anybody else’s house. I find that hard to believe, quite frankly.

Having to be threatened with contempt of court and allegations of threatening to kill people trying to do their job probably won’t be considered worthy of mention at tomorrow’s rally.  Nor will the fact that he had to be told by a judge “don’t do something foolish that’s going to get somebody hurt.” And it didn’t seem like he believed the Bossly side of the tale.

Something that also seems to be quiet about the group’s activities is the fact that the South Dakota Property Rights group is not organized as a charitable or non-profit group. If you look at the bottom of their website…

… while they don’t advertise it on the flyers and on-line posters they distribute to the media, we see their official title and organization is “South Dakota Property Rights PAC.”  As in Political Action Committee.  Interestingly, the group has filed their year end campaign finance report..

Sd Property Rights Pac SDCF Disclosure by Pat Powers on Scribd

..which shows us their largest donor ($10k) comes out of Texas, and they’re spending tens of thousands on advertising, and another $2500 on consulting.   And all of their propaganda seems to be funded by only about 25 people.

More things that probably won’t make the podium.

Finally, as some of the parties opposing the carbon capture pipelines are complaining that they don’t appreciate being portrayed as opposing ethanol…

South Dakota Farmers Union President Doug Sombke says members feel betrayed.

and..

Sombke says he’s furious at farmers being called anti-ethanol.

Read that here.

It’s worth noting that while most of the opponents are complaining about being portrayed as being anti-ethanol..  the head of the South Dakota Property Rights PAC isn’t complaining. Because he wants them to produce something entirely different..

Landowners held a meeting Wednesday at the Ramkota in Aberdeen.  Brown County landowner Jared Bossly told the gathering about the importance of methanol.

and..

Bossly talks about methanol can be used for such things as jet fuel.

Read it here.

Admonishments from the judge over threats, running a political action committee funded by a small group, and abandoning ethanol entirely.

Three things that you probably won’t hear about in the Property Rights PAC rally tomorrow.