Journal editorial, 12-24: Legislature needs to reform campaign finance laws

By The Journal Editorial Board | Sunday, December 24, 2006

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Attorney General Larry Long has determined that state Rep. Roger Hunt, R-Brandon, broke campaign finance laws by not disclosing who gave $750,000 to a group supporting the abortion ban law, which was defeated in November. Hunt, who is a lawyer, says the corporation created to make the donation is legal.

This points out another failure of the state's campaign finance laws to properly disclose who's funding South Dakota's elections. The penalty for Hunt, if Long decides to prosecute and wins a conviction, is a misdemeanor punishable by up to 30 days in jail and a $200 fine. The maximum penalty for playing hide and seek with campaign contributions is practically a slap on the wrist.

Hunt should disclose who gave so generously to Promising Future, the shell corporation created to funnel the money to the campaign to support the abortion ban.

If Hunt is correct, that he doesn't have to disclose the donor, it's just another example of South Dakota's antiquated and inadequate campaign finance laws.

Legislative and county candidates don't have to file a report on campaign contributions or expenditures until Jan. 2 - almost two months after the Nov. 7 election. Last year, a proposed law that would have required legislative and county candidates to file a pre-primary and pre-election campaign finance report never made it out of the Senate State Affairs Committee. Candidates for state office (i.e., governor, secretary of state, etc.), political parties and political action committees have to report campaign receipts and expenses 10 days prior to a primary and general election.

When lawmakers meet in Pierre next month, we believe they should make an honest effort to reform the state's campaign finance laws. Our suggestions:

-- Candidates for legislative and county offices should be required to file a pre-primary and pre-election report just like candidates for state offices.

-- State law should limit the amount that individuals can give to a political action committee, which currently are unlimited.

-- Reports to the Secretary of State's office donations of $500 or more from an individual contributor should be immediately posted on the Secretary of State Web site.

-- Hunt's use of a shell corporation to hide the identity of a donor should be illegal, if it's not already. And the fines for violations of campaign finance laws should be much stiffer to discourage such chicanery.

These reforms would help make election financing open and transparent. Voters should know who's paying the bills for elections before filling out their ballot.