Could a South Dakota judicial candidate’s family member or the candidate contribute more than $1,000 to the campaign?

Short answer The Committee said the $1,000 per-individual limit applied to family members, but the candidate could contribute more than $1,000 of personal funds to the candidate’s own campaign.
Bar
JUDICIAL-SD
Issued
January 28, 2014

Apply this to your situation

This page answers the general question as of 2014. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

The Committee answered two questions about the $1,000 contribution limit in Canon 5C(2). It said an immediate family member remained subject to the per-individual limit even though the Canon allowed the candidate to solicit family members personally.

The Committee distinguished a statutory family exception for legislative or county campaigns in SDCL 12-27-8. It said the provision did not apply to judicial elections and was not incorporated into the judicial Canon.

The Committee then said a candidate could contribute more than $1,000 of personal funds to the candidate’s own judicial campaign. It read the Canon’s limit on an individual or organization as excluding the candidate's own funds.

Currency note

This 2014 opinion applied the contribution limit in the then-current South Dakota Code of Judicial Conduct. Verify the later Code and campaign statutes before using a dollar amount.

In practice

The opinion applied separate treatment to family donations and the candidate’s own funds: family donations remained capped, while self-funding above the cap was allowed under its 2014 reading.

Common questions

Q: Did the family relationship exempt a contributor from the limit?

A: No. The Committee said immediate family members remained subject to the $1,000 limit.

Q: Could the candidate contribute more than $1,000 personally?

A: Yes. The Committee found the limit did not apply to the candidate’s own campaign funds.

Q: Why did the statutory family exception not control?

A: The Committee said SDCL 12-27-8 addressed legislative and county offices and was not incorporated into judicial-election Canons.

Background and rules framework

The Committee applied South Dakota Code of Judicial Conduct Canon 5C(2) and distinguished SDCL 12-27-8’s different statutory contribution exception. It also referenced reporting statutes in explaining the Canon.

Citations and references

  • South Dakota Code of Judicial Conduct Canon 5C(2).
  • SDCL §§ 12-27-8, 12-27-15, and 12-27-24 through 28.

See also

Source

What do the rules say today, for your facts?

This opinion is from 2014. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace