Attorney General Jackley Releases Official Opinion On Use of Campaign Funds for Childcare or Security Expenses

FOR IMMEDIATE RELEASE: Tuesday, Jan. 13, 2025

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. - South Dakota Attorney General Marty Jackley has issued an official opinion stating that childcare and security expenses directly incurred due to campaign activity or holding office are permissible expenditures from a candidate's campaign fund under current law and subject to statutory restrictions.

State Sen. Liz Larson had requested the opinion. Attorney General Jackley wrote in his official opinion that state law restricts the use of campaign expenditures to the following criteria:

1. A purpose related to a candidate's campaign;
2. Expenses incident to being a public official or former public official; or
3. Donations to any other candidate, political committee, or nonprofit charitable organization.

"Based on my research, childcare and security expenses directly incurred as a result of campaign activity or holding public office, which would not exist but for the campaign or officeholder duties, would be considered permissible expenditures so long as there is a clear nexus to the campaign or office and are not for personal benefit," wrote Attorney General Jackley. "The Legislature has the power to create and revise statutes and has the duty to clarify the relevant statutes if desired."

The advisory opinion can be found here:

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