Representative Will Mortenson (R-24/Fort Pierre) has teamed up with some other level-headed legislators—three House Democrats and Senator Tim Reed (R-7/Brookings)—to propose House Bill 1278, a reasonable campaign finance reform to prevent elected officials from coercing employees into funding those officials’ campaigns. But the language of the bill appears to deviate from the stated intent of its title.
HB 1278 is titled “An Act to prohibit certain political committees from accepting contributions by certain officers or employees of this state.” That title indicates HB 1278 intends to restrict contributions from some people who work for state government.
But which state workers, and which candidates? Let’s read the text of HB 1278.
Section 1. That a NEW SECTION be added to chapter 12-27:
Neither the candidate campaign committee of a state official nor a political action committee affiliated with a state official may accept a contribution from an individual who is employed or appointed by the official and:
(1) Is the head of a department or agency of state government;
(2) Is the highest paid employee, not including the head, in the department or agency; or
(3) Reports directly to the official.
For purposes of this section, “state official” means the Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, commissioner of school and public lands, or a member of the Legislature.
Section 2. This Act is effective beginning January 1, 2027 [2026 HB 1278, full text, as introduced 2026.02.04].
From the first sentence, the bill’s goal appears to be to prevent the long Janklovian tradition of state employees and appointees protecting their jobs by chipping in to the Governor’s campaign kitty. HB 1278 would make illegal contributions like Game Fish & Parks Secretary Kevin Robling’s $100 to Governor Kristi Noem in 2022, Noem operations director Benjamin Koisti’s $250 to his boss in 2022, and maybe Lottery Commission member Jamie Huizenga, who gave his patron Noem $125 toward the end of her 2022 campaign (maybe, because he’s not a head or highest paid employee, but do commission members report directly to the Governor?).
HB 1278 does not distinguish state and federal campaign committees, so the $1,000 Chief Deputy Attorney General Brent Kempema gave last September to the Congressional campaign committee of his boss, Attorney General Marty Jackley, would not be legal. Nor would the $1,041.02 Marty got last September from his DCI director Dan Satterlee… whom Donald Trump nominated in October to lead South Dakota’s U.S. Marshals on Jackley’s recommendation.
HB 1278 apparently sees more possibility of corruption among the most powerful Pierre insiders, the agency and department heads and people with direct access to top officials who might use their cash to insure their own paychecks and power. The three criteria limiting the contribution restrictions—department and agency chiefs, highest-paid employees, and individuals reporting directly to the official/candidate—show that HB 1278 does not concern itself with elected officials or agency chiefs who might abuse their power to squeeze contributions out of the less powerful subordinates in state agencies. HB 1278 would not prohibit contributions from lower employees, like the Board of Regents’ senior IT specialist Jammie Raske, who gave Governor Noem $1,000 in the pre-general period in 2022, or Division of Banking director Bret Afdahl, who gave Noem $500 in 2022 (the director of the Division of Banking is appointed by the Secretary of Labor and Regulation, not the Governor).
While HB 1278 focuses on high-end corruption in Pierre, it appears to restrict a wider range of contributions to legislators, who are included in the definition of “state officials”. The other officials covered are elected statewide officials whose posts are full-time jobs. The only people employed by them would be state employees.
But Legislature is a part-time job. Most legislators have other jobs. Some, like Rep. Al Novstrup (R-3/Aberdeen) and HB 1278 co-sponsor Rep. Erik Muckey (D-15/Sioux Falls), run their own businesses. Individual legislators don’t employ or appoint anyone at the Capitol, but anyone they employ back home who reports directly to them would be prevented by HB 1278 from contributing to those legislators’ campaigns.
As written, HB 1278 thus appears to restrict contributions not only from certain state employees but also from some employees outside state government.
While HB 1278 would not take effect until after this year’s election, we may use this year’s candidates to illustrate some small imbalances HB 1278 would create. HB 1278 would stop Governor Larry Rhoden from pressuring top state employees, Cabinet members, and aides-de-cap to contribute to his reëlection fund, but the bill not prevent primary challenger Congressman Dusty Johnson from taking contributions to his gubernatorial campaign from his staffers, since “Congressman” is not included in HB 1278’s definition of “state official”. HB 1278 would also treat the two gubernatorial dark horses differently: Speaker Jon Hansen (R-25/Dell Rapids) couldn’t take money from anyone working for him, but Aberdeen businessman Toby Doeden could push all his car salesmen and mechanics to pony up some paycheck protection money.
And for now, other than eight incumbent Democrats in the Legislature, HB 1278 would affect no Democratic, Libertarian, or independent candidates.
I appreciate Rep. Mortenson’s attention to corruption and campaign finance reform. Maybe HB 1278 would relieve some of the pressure some state employees in Pierre must feel when their bosses pass the hat. But he should discuss with his colleagues whether he wants this bill to apply to contributions from the people legislators employ outside of their elected duties. Mortenson and his co-sponsors might also discuss whether HB 1278 should protect lower-level state employees from coercion to contribute and whether applying restrictions to office-holders but not challengers creates any unfairness in campaign finance.
Mortenson and friends have until Wednesday for that discussion. HB 1278 is scheduled for House State Affairs on February 18.