Communications Expenditure Form
Federal Political Action Committees and Federal Candidate Committees do not have to file a Communication Expenditure with the South Dakota Secretary of State’s office. There is nothing in South Dakota codified law that requires that filing. Those federal committees are required to file an Independent Expenditure with the Federal Elections Commission (FEC). Contact the FEC if you have additional questions.
12-27-16 states the Top 5 contributors must be listed on the disclaimer. We do not give legal advice and will only offer to you what the statute says. What we say isn’t the final say as the penalty for non-compliance is criminal which would fall to a State’s Attorney or the Attorney General to enforce.
SDCL 12-27-16 and 12-27-16.1 apply to both types of communications: independent or upon consultation with.
SDCL 12-27-16.1- Any political  committee, entity, or person that makes a communication clearly identifying a  candidate, public office holder, ballot question, or political committee, other than an independent  communication expenditure that is not controlled by, coordinated with,  requested by, or made upon consultation with that candidate, political  committee, or agent of a candidate or political committee, shall append to or  include in each communication a disclaimer that:
                (1)      Identifies the political committee, entity,  or person making the communication; and
                (2)      States the address or website address, if  applicable, of the political committee, entity, or person. 
  
                  If the  communication is an independent expenditure made by a person or entity, then  the disclaimer shall include the following: "This communication is  independently funded and not made in consultation with any candidate, political  party, or political committee." If the independent expenditure is undertaken  by an entity not including a candidate, public office holder, political party,  or political committee, then the following notation must also be included:  "Top Five Contributors," including a listing of the names of the five  persons making the largest contributions to an entity during the twelve months  preceding that communication. Any person or entity making a  communication under this section has the same reporting requirements as 12-27-16.  Any political committee making a communication under this section shall include  each communication as an expenditure on the campaign finance disclosure report.   
  A violation of this section is a Class 2  misdemeanor. Any subsequent offense within a calendar year is a Class 1  misdemeanor.
“Any political committee, entity, or person  that makes a communication clearly identifying a candidate, public office  holder, ballot question, or political committee, made upon consultation with  that candidate, political committee, or agent of a candidate or political  committee, shall append to or include in each communication a disclaimer that:
                 (1)      Identifies the political committee, entity,  or person making the communication; and
                (2)      States the address or website address, if  applicable, of the political committee, entity, or person.
              Any person or entity making a communication under this section has the  same reporting requirements as 12-27-16. Any political committee making  a communication under this section shall include each communication as an  expenditure on the campaign finance disclosure report.”