July 5, 1978
Mr. Roger A. Schiager, Esq.
City Attorney
101 South Main
Suite 610
Sioux Falls, South Dakota 57102
Official Opinion No. 78-29
City adoption of campaign disclosure statute
Dear Mr. Schiager:
You have asked for an opinion based on the following facts:
FACTS:
Our newly elected commissioner has requested my office to prepare a disclosure ordinance for Sioux Falls city elections. I advised that it was my understanding that your office had already made some statement concerning whether or not municipalities that are not under home rule can lawfully adopt such an ordinance.
The Sioux Falls City Commission therefore directed me to ask you for an official opinion on this question.
It is well established that municipalities may exercise only such powers as are expressly granted to them by law or such as may be implied as necessary for the exercise of the powers expressly granted. Chapter 9-13 entitled “Municipal Elections” does grant to municipalities certain powers to conduct municipal elections. There is nothing in Chapter 9-13 that pertains to campaign finance disclosure.
SDCL 12-1-2 says that Title 12, general election laws, does apply to municipal elections except as where it is otherwise provided. Continuing into Title 12, Chapter 12-25 does set forth campaign disclosure requirements for certain candidates for public office as well as committees supporting candidates or issues on the ballot. There is an exemption found at SDCL 12- 25-6.1 that exempts candidates running in municipal elections from the provisions of Chapter 12-25.
I do not find any other statutory grant of authority which would allow a municipality to adopt a campaign financing ordinance. In fact, the Legislature has specifically created an exemption for candidates running in municipal elections. I think this clearly indicates a legislative intent not to control local campaigns on the municipal level with campaign disclosure requirements.
Respectfully submitted,
William J. Janklow
Attorney General
WJJ:RVJ:in
