FOR IMMEDIATE RELEASE: Tuesday, December 11, 2012
CONTACT: Sara Rabern, (605) 773-3215
Charges Filed in Robo-Call Investigation
PIERRE, S.D.- Attorney General Marty J. Jackley announces that a Complaint has been filed charging Daniel Willard, 31, Sioux Falls with four counts of election law violations. The charges stem from “Robo-Calls” received on September 12, 2012, and September 17, 2012. The Complaint has been filed in Lake County where the phone calls were received and is accompanied with a Probable Cause Affidavit setting forth the investigation provided by the South Dakota Division of Criminal Investigation. All four counts of the Complaint constitute Class 1 misdemeanors each punishable by a maximum of one year in jail and/or a $2,000 fine.
Count I of the Complaint alleges that on or about September 12, 2012, which was within 60 days of the November 6, 2012, election, Willard did send, or direct to be sent, a communication, for which he made an expenditure, to Senator Russell Olson, identifying Representatives David Lust and Brian Gosch, both of whom were public officers and candidates for election, and failed to include the required disclaimer that clearly and forthrightly identified the person or organization making the contribution in violation 12 27 16(2)(a).
Count II of the Complaint alleges that on or about September 12, 2012, which was within 60 days of the November 6, 2012, election, Willard did send, or direct to be sent, a communication, for which he made an expenditure, to Senator Russell Olson identifying Representative David Lust and Brian Gosch, both of whom were public officers and candidates for election, and failed to include a disclaimer that clearly and forthrightly stated the address or website address of the person or organization making the communication in violation of SDCL 12-27-16(2)(b).
Count III of the Complaint alleges that on or about September 17, 2012, which was within 60 days of the November 6, 2012, election, Willard did send, or direct to be sent, a communication, for which he had made an expenditure, to Senator Russell Olson identifying Senator Russell Olson, a public officer and candidate for election, and failed to include a disclaimer that clearly and forthrightly identified the person or organization making the communication in violation of SDCL 12-27-16(2)(a).
Count IV of the Complaint alleges that on or about September 17, 2012, which was within 60 days of the November 6, 2012, election, Willard did send, or direct to be sent, a communication, for which he had made an expenditure, to Senator Russell Olson identifying Senator Russell Olson, a public officer and candidate for election, and failed to include a disclaimer that clearly and forthrightly stated the address or website address of the person or organization making the communication in violation of SDCL 12 27 16(2)(b).
The case is being prosecuted by the Attorney General’s Office. A tentative initial appearance date is scheduled for December 20th at 9:00 a.m. at the Lake County Courthouse. Willard is presumed innocent until such time as the state proves the allegations beyond a reasonable doubt.
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