Doctored sample ballots targeted in proposed campaign rule

Intra-party battle in lead up to 2022 GOP primary prompts House Bill 1239

PIERRE — Political mailers won’t be able to replicate a ballot in South Dakota.

That’s if House Bill 1239 can clear the Legislature and earn Gov. Kristi Noem’s signature.

The measure, which passed in the House of Representatives Tuesday, is a direct result of power brokers within the state GOP using images of a ballot to highlight choice candidates in the lead-up to the 2022 primary election.

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Supporters of the measure say it’s intended to address voter deception while opponents say it’s a violation of constitutionally protected political speech that’ll end up getting the state of South Dakota sued.

“The First Amendment is a sacred right in this country, but so is voting. But the right to claim the First Amendment as your shield and guide ends when you set out to intentionally defraud the voters,” said Rep. Scott Odenbach, who along with fellow House Republicans Bethany Soye, Ben Krohmer, and Chris Karr, among others, were candidates in the 2022 primary when they were targeted by a political action committee that distributed mailers within their districts.

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