October 19, 1978

The Honorable Lorna B. Herseth 
Secretary of State 
State Capitol 
Pierre, South Dakota 57501

Official Opinion No. 78-49

Campaign financing requirements for Lieutenant Governor candidates

Dear Mrs. Herseth:

You have requested an opinion from this office based upon the following questions:

QUESTIONS: 

1.  Since the Lieutenant Governor runs as a team with the Governor, would the Lieutenant Governor need to file separate reports? 
    
2.  If the Lieutenant Governor candidate does not have to file separate reports, can the Lieutenant Governor candidate give an unlimited amount of money to the committees which have formed on behalf of the candidate for Governor? 
    
3.  Also, if the Lieutenant Governor and Governor were filing as a team, could a contributor then give two thousand dollars in a calendar year--one thousand to each candidate?

IN RE QUESTION NO. 1:

Article IV, section 2 of our state constitution provides in part “They (Governor and Lieutenant Governor) shall be jointly elected for a term of four years at a general election in a nonpresidential election year.”

SDCL 12-25-13 provides in part: 
    
Any candidate for any state or legislative office at any general or primary election . . . shall make and file with the Secretary of State on the seventh day prior to any such election a detailed statement, complete through the tenth day prior to such election, of all valuable considerations received, obligated or paid by such candidate or by persons authorized by such candidate.

Upon review of the above provisions of our constitution and statutes, I am of the opinion that while the Governor and the Lieutenant Governor are jointly elected, both must file separate reports.  The Governor and Lieutenant Governor are candidates for a particular public office and as such are candidates for election as that term is defined in SDCL 12-25-1(2).  The Lieutenant Governor is as much a candidate for a state office as is the Governor, Secretary of State, Treasurer, Auditor, Attorney General or School and Public Lands Commissioner.

The answer to your first question is yes; the Lieutenant Governor must file a separate report.

IN RE QUESTION NO. 2:

Since the Lieutenant Governor does have to file a separate report, the answer to your second question is no.  (See SDCL 12-25-1.1.)

IN RE QUESTION NO. 3:

A contributor can give one thousand dollars ($1000) to each candidate in a calendar year because the Lieutenant Governor does file a separate report.

In view of the fact that the Attorney General is a candidate for office and is affected by this decision, he has taken himself out of making the decision on this matter and signing this opinion.  For this reason, this opinion is being issued by the Attorney General's Office as an official opinion without Mr. Janklow's signature, pursuant to SDCL 1-11-4, which authorizes an Assistant Attorney General to act with the same power and authority as the Attorney General.

Respectfully submitted,

David O. Carter
Assistant Attorney General

DOC:RVJ:in