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Noem Tries Selling State-Seal Hoodies Without Secretary of State’s Permission

Evidently to be a true Trumpist, Governor Kristi Noem also has to practice breaking the law. She defied New Hampshire’s travel restrictions on us cootified South Dakotans last week; now she just got caught breaking our sacred state seal rules, slapping the seal on cheap hoodies to make money for her campaign and not telling the vendor about the laws that must be followed:

South Dakota Codified Law dictates the use of the official South Dakota State Seal must have “specific authorization from the secretary of state.” “A violation of this section is a Class 1 misdemeanor.”

For people or organizations approved to use the state seal, the Secretary of State charges them a royalty for the seal’s use.

The South Dakota Secretary of State’s office contacted the vendor of the sweatshirt. They were not aware that they needed permission to use the seal and promptly took it down “until they pay the fee” [Austin Goss, “Governor Noem Removes Merchandise from Campaign Site,” KSFY, 2020.10.20].

Goss nicely links to some of the relevant statues, which one would think the Governor or someone on her staff would know really well.

  • SDCL 1-6-1: Any representation of the seal used for official purposes or for-profit commercial use must show “the full and complete seal.” The seal shown on KSFY’s photo is bigger than an inch. The photo shows a simple white outline, not the full-color representation the law appears to demand.
  • SDCL 1-6-3.1: It’s a Class 1 misdemeanor to use the seal for-profit commercial purposes without the Secretary of State’s permission.
  • SDCL 1-6-3.2: It’s a Class 1 misdemeanor to sell replicas of the state seal without the Secretary of State’s permission.
  • SDCL 1-6-3.3: The Secretary of State charges a royalty for such uses of the seal; seal royalties go to the general fund.

Governor Noem signed a bill relating to these statutes in just last March. That’s all the more reason to think that our chief elected official would be aware of state law. Maybe if she were hiring staff that was focused on South Dakota law and policy rather than the boss’s big 2024 campaign, mistakes like this wouldn’t happen.

Even if you’re not working very hard to make and enforce laws, Kristi, you still have to follow them, like the rest of us.

26 Comments

  1. Jenny

    Unbelievable, SD Republicans are just so used to blatant corruption that it’s nothing to them. What’s a little hoodie selling anyway?

  2. Curt

    Obedience to laws of the State is for “suckers” and “losers” – just like service in the military.

  3. mike from iowa

    And of course wingnuts would never force her to pay a fine for rule breaking. Just like they refuse to force drumpf to follow the rules. Another breeding laboratory for wingnut scofflaws.

  4. Debbo

    GOP
    Greedy Odious Predators

    (Not original, saw it on a protest sign.)

  5. leslie

    When Daugaard objected to changing the name of Harney to Black Elk Peak he had AG Jackley come down on the Black Elk people for a “go fund me”-type webpage. They threatened the Indians of course.

  6. Chris S.

    Reached for comment, the governor’s SpokesTool responded, “lol rules are for other people!” [giggle]

  7. bearcreekbat

    Is anyone surprised? While perhaps a bit dated, Noem has a public record of repeatedly flouting the law.

    [In August 2010] Keoland (S.D.) News reported . . . that Kristi Noem . . . has had 20 speeding tickets, three stop sign violations, two seat belt violations and a citation for driving with no driver’s license. She has also been issued six court notices for failure to appear and two arrest warrants. . . .

    https://thehill.com/blogs/in-the-know/in-the-know/254343-please-pull-over-gop-candidate-has-26-traffic-violations

    Apparently this didn’t bother voters, however, as Noem succeeded in defeating a sitting Congresswoman despite publicity about her multiple transgressions. Unfortunately, today’s Trumpist Republicans seem even more forgiving of criminal activity by their politicians, including crimes that endanger the public such as Noem’s repeated speeding.

    But commit the non-violent misdemeanor of crossing the border without papers to seek freedom and safety, or the administration civil violation of failing to timely renew a Visa, and you are in deep trouble with the same folks.

    Go figure.

  8. o

    I don’t think it is right to allow these “illegals” to be in the country.

  9. mike from iowa

    Gotta remember what colors of skin them varmints got. Not pastey white like Noem Nothing.

  10. 96Tears

    COVID Kristi has an army of lawyers and educated bureaucrats at her disposal, many of whom have been in circulation at the State Capitol for many years. This law is not unknown. Every few years, someone gets some bad press for violating it on campaign materials or for personal profit.

    So, with an army of lawyers and educated bureaucrats and politicos propping up COVID Kristi’s fading image, how is it possible no one of them saw it and failed to report this legal violation to prevent another COVID Kristi scandal? I know they’re collecting nice paychecks out there, but do any of them actually do their jobs?

    I don’t expect the D.C. carpetbaggers in Pierre like the Lew would catch this, but what about the South Dakotans on staff? Are they all asleep?

    Ridiculous.

  11. Mike Card

    (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
    SD Legislature (.gov) › DisplayStatute
    SDLRC – Codified Law 22-6-2 – SD Legislature

  12. leslie

    They knew. They love the distraction. They love to take up good peoples’ money and time over quibbles while they raise a war chest in Texas.

    Same thing is happening with ACB replacing RBG; Dems squander questions about minutia of textualism and stare decisis while the public yawns, too busy, anxious and unmotivated to unseat a conservative play for power, “raw power” one of you mentioned recently. Conservatives, the same ones who came up with “death taxes” to avoid inheritance tax (which Kristi btw swallowed hook, line and sinker and was yanked up from the depths and they crowned her with a camo tactical cap (the “Death Tax” McClathchys, the Waltons and a half dozen other billionaires); these conservatives politicized the power of SCOTUS and have methodically mustered political support over several decades to take it. AMICUS Slate podcast 10.10.20. Robert Raben https://rabengroup.com/people/robert-raben/

  13. leslie

    They knew. They love the distraction. They love to take up good peoples’ money and time over quibbles while they raise a war chest in Texas.

    Same thing is happening with ACB replacing RBG; Dems squander questions about minutia of textualism and stare decisis while the public yawns, too busy, anxious and unmotivated to unseat a conservative play for power, raw power one of you mentioned recently. Conservatives, the same ones who came up with “death taxes” to avoid inheritance tax which Kristi swallowed hook, line and sinker and was yanked up from the depths and crowned her with a camo tactical cap (the “Death Tax” McClathchys, the Waltons and a half dozen other billionaires); these conservatives politicized the power of SCOTUS and have methodically mustered political support over several decades to take it. AMICUS Slate podcast 10.10.20. Robert Raben https://rabengroup.com/people/robert-raben/

  14. Debbo

    You know, while we decry the utter disregard for laws and norms of decency that the GOP on all levels exhibit, there’s something else that I have a harder time accepting. That’s South Dakotans’ willingness to be walked all over by state government.

    I never expected that. I’ve known the people of the state all my life, lived there for 50+ years, grew up there. Some of the common denominators among all age groups was stubbornness, outspokenness, determination to stand up for themselves, dislike of cheaters, respect for hard work and more.

    Yet here they are letting the governor and legislature walk all over them, take them for granted, jerk them around, lead them by the nose. When did South Dakotans become such dishrags?

    My parents and the people of their generation would have never put up with this crap.

    The governor thinks she needs a big, fancy fence around the house? Baloney. Never.
    The governor thinks she can run around the country while we’ve got troubles at home? Fine. We’ll get a new governor.
    The governor thinks she can ignore the law because she’s better than us? Slap those fines on her.

    Nope. My parents generation would never let themselves be treated so disrespectfully. They would have stood up for themselves way before it got this bad. 😥

  15. mike from iowa

    o2020-10-21 at 18:32
    I don’t think it is right to allow these “illegals” to be in the country.

    Isn’t immigration one of the pillars that made America a shining example of compassion and inclusiveness? These immigrants can come no more because drumpf decided he only wants wasicu immigrants to shore up his base. That is until it is time for him to get replacement brown skin workers for his properties.

  16. Donald Pay

    Debbo is correct. South Dakotans have become doormats. Partly, it’s because many people who wouldn’t put up with the fascism left. That’s me. Partly it’s because fascism ground down people. I found that challenging the power structure is a more than full time job that paid starvation wages. You can do that for a time, but after you put in twenty years you’re staring at a retirement in poverty. You leave to make enough money for retirement or you knuckle under.

    The first people screaming about that security fence would have been conservatives, but there ain’t any real conservatives left. All that’s left are fascists.

  17. bearcreekbat

    Mfi, I took o’s use of that term as a sarcastic reference to Noem and other Republican criminals, underscoring Trumpist hypocrisy when using the term in a hurtful derogatory manner aimed only at relatively powerless people who deserve compassion, empathy and encouragement rather than Trumpist disdain. I based this reading of o’s comment in part on o’s typical opinions that I have seen on this blog and I certainly hope I read it correctly.

    Otherwise, if I am mistaken I appreciate you calling o out. In any event, o could have clarified what was intended, since even if it was sarcastic the comment could easily be misunderstood by newer readers unfamiliar with o’s typical comments.

  18. mike from iowa

    If I am mistaken about O’s comments I will humbly apologize and
    later chastise myself severely.

    I must admit this election has cost me a great deal of my sense of humor and usual bubbly personality and I do not like the changes in me.

  19. Jenny

    Kristi is a white woman in a deep red state so that’s not corruption, just good business sense. SD Republicans staunchly support it and are proud of their governor reaching national prominence.

  20. Mike, I understand the short fuse. The election and the pandemic and our leaders’ focus on the former and ignorance of the latter wears on all of us.

    But O’s comment is a great example of pithy satire of the people who shout “illegal” as an epithet against people they don’t want to share America with but then think laws don’t apply to them.

    Yes, deport Kristi Noem.

  21. leslie

    “That makes me (Kristi) smart!”

  22. Eve Fisher

    When I first moved up here back in 1990, someone told me that South Dakotans were very nice, so nice that “they wouldn’t say s*** if they had a mouthful.” They weren’t exaggerating. Still true.

  23. o

    Mike (and all other readers), I apologize, I used a hurtful term sarcastically in hopes of identifying the hypocrisy of “law and order” conservatives.

    As a first generation immigrant myself, I should know better than going for the cheap joke.

  24. leslie

    Apologies to legislator Bordeaux on another thread for mistakenly referring to Mousseaux, hey anna. Ima way too white.

    o, none necessary!

  25. Jake

    Sooo, where are our states’ attorneys when it comes to enforcing the laws of our state? Do they not take an oath to enforce all state laws? Are they standing in line waiting for the AG (who killed someone in a car wreck) to file charges? Do they have to wait for him to start the ball rolling? If she were a popular Indian senator running against her for office wouldn’t they be falling all over filling charges? Can’t ANY county state attorney file charges in this case? C’mon Vargo and others-show us what you’re made of, ok? Butter for backbone maybe? hmmm?!

  26. Debbo

    Jake, the pledge to the SDGOP they’re all blackmailed into signing at the beginning of each term takes precedence over their oath to the SD Constitution.

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