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Lake County Republican Says Senator Youngberg Violated Electioneering Law

In joining the unanimous Senate State Affairs vote to kill Senate Bill 7 last Monday, Senator Jordan Youngberg (R-8/Madison) made clear that he believes polling places should be “islands of calm” and that it should remain illegal to display a campaign poster or sign on a person’s private property or personal vehicle within 100 feet of a place where citizens are voting.

According to a criminal complaint from Lake County resident and registered Republican Jake Gosmire, Senator Youngberg appears to have adopted that position fairly recently… sometime after November 6, 2018, which Election Day he spent driving his campaign-bannered truck up and down North Washington Avenue within 100 feet of the Dakota Prairie Playhouse, Lake County’s main polling place. Gosmire recorded this violation of state election law on November 6, 2018:

Gosmire says he has told Legislative leaders about Youngberg’s violation of SDCL 12-18-3. Last week, Gosmire filed the following complaint with the Secretary of State and the Attorney General:

Jacob Godmire, affidavit, 2018.01.16, p. 1.
Jacob Gosmire, affidavit, 2018.01.16, p. 1.
Jacob Gosmire, affidavit, 2018.01.16, p. 2.
Jacob Gosmire, affidavit, 2018.01.16, p. 2.
Jacob Gosmire, affidavit, 2018.01.16, p. 3.
Jacob Gosmire, affidavit, 2018.01.16, p. 3.
Jacob Gosmire, affidavit, 2018.01.16, p. 4. (Notary seal of Christine Lehrkamp, South Dakota Secretary of State's office.)
Jacob Gosmire, affidavit, 2018.01.16, p. 4. (Notary seal of Christine Lehrkamp, South Dakota Secretary of State’s office.)

Displaying campaign materials and soliciting votes within 100 feet of the door of a polling place is a Class 2 misdemeanor, punishable by up to 30 days in the county jail and/or a $500 fine. Gosmire swears to witnessing Youngberg shaking hands and soliciting votes just outside the polling station at 9 a.m., Youngberg’s campaign-wrapped truck parked at the polling place door at 11 a.m., Youngberg driving that truck past the polling place around 11:10 or 11:20 a.m., and Youngberg again driving by the polling place after 1 p.m. That’s at least four violations, so conceivably 120 days and $2,000 if each is counted as a separate charge.

Gosmire also alleges that Youngberg has harassed him and his family, made threatening comments, and somehow cost Gosmire his job.

The Senate received and dismissed charges of another of its member’s violating the law, specifically the two-year residency requirement for legislators, largely because the “evidence” was all hearsay and because GOP leadership apparently saw plenty of evidence that no crime had taken place.

Youngberg’s case is different. Senators (and the Secretary of State, and the Attorney General) have before them an affidavit from a direct witness to the alleged infractions. They have video corroborating the allegation.

Senator Youngberg had better hope he can say that someone else was driving his truck all day… not to mention wearing a Jordan mask out front at 9 a.m. asking for votes. Otherwise, he may end up wishing he had voted for Senate Bill 7… during last year’s Session.

2 Comments

  1. grudgenutz 2019-01-21 06:49

    Like diarrhea, they are.

  2. jacob r gosmire 2019-01-21 12:32

    You can’t be a lawmaker and blatantly ignore the laws you have entrusted to make by the people who voted for you! The fact that this man voted to keep the law as it was written when he knew he had broken it many times over and bragged about it is a huge slap in the face of every south dakotan and a kick in the nutts on top of that for those who voted for him! It is down right disrespectful and appalling! Being a young cocky senator doesn’t make you above the law!

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