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.
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.