Bill could make it illegal to spread misleading ballot information in South Dakota

Annie Todd, Sioux Falls Argus Leader
·2 min read
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PIERRE — Despite being described as a politically motivated piece of legislation, the House State Affairs committee voted Thursday to pass a bill that would ban the spread of misleading ballot information in South Dakota.

Bethany Soye, R-Sioux Falls, in the far left-hand corner listens to Gov. Kristi Noem give the State of the State speech on Tuesday, Jan. 9, 2024 at the South Dakota State Capitol in Pierre.
Bethany Soye, R-Sioux Falls, in the far left-hand corner listens to Gov. Kristi Noem give the State of the State speech on Tuesday, Jan. 9, 2024 at the South Dakota State Capitol in Pierre.

HB 1239 comes from Rep. Bethany Soye, R-Sioux Falls, but it was Rep. Scott Odenbach, R-Spearfish, who spoke about an instance before the 2022 GOP primary when postcards were sent across a handful of legislative districts that left out candidates appearing on the ballot and left out key information about the election.

“I want to say one of the best things about America is the right to free speech and the ability to mix it up in campaigns,” Odenbach said. “...But the bill does confirm the fact that the right to free speech ends at intentionally defrauding the voters.”

The bill language itself is based on a 1913 law banning the spread of misinformation on ballot measures. Soye explained her bill would expand that ban to the full ballot.

Much of the debate centered around one word, facsimile, which means an exact copy. Rep. Will Mortenson, R-Fort Pierre, had concerns that if a postcard was sent out mimicking a ballot with a checkmark next to a candidate's name, it could be considered illegal under the proposed bill.

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“I think we got to be real careful when we're talking about limiting free speech,” he said.

The bill was quickly amended, with lawmakers quipping that the audience was watching live legislating, to ban exact copies of official sample ballots that contained misleading information.

Mortenson said that while he didn’t like that the bill came from a politically motivated origin, he liked the merit of the bill and encouraged the sponsor in future testimony to speak to the merits.

Two no votes came from the committee, Rep. Erin Healy, D-Sioux Falls, and Rep. Rodger Chase, R-Huron.

“It's a step forward, but you're still going to see nasty-grams out there from other entities that you have no control over,” Chase said.

HB 1239 passed with a 7-2 vote and now heads to the House floor for debate.

This article originally appeared on Sioux Falls Argus Leader: House committee considers banning misleading ballot information for South Dakota