South Dakota Attorney General Marty Jackley speaks during a press conference on Dec. 19, 2025, in Sioux Falls. (Photo by Makenzie Huber/South Dakota Searchlight)

South Dakota lawmakers advanced a bill 7-0 on Wednesday at the Capitol in Pierre that would bar candidates and political committees from taking campaign contributions or loans from a foreign national.

The bill adds “foreign national,” as defined in federal law, to an existing state list of prohibited sources that includes state and local governments, foreign governments and the federal government. It also increases penalties. Under the draft, accepting a contribution from any of the listed entities would be moved to a more severe class of misdemeanor, and a subsequent offense within a calendar year would change from a misdemeanor to a felony.

The bill was introduced to the Senate State Affairs Committee by Attorney General Marty Jackley, a Republican candidate for the U.S. House. No opponents testified.

Asked how enforcement would work, Jackley said cases would likely come to the Attorney General’s Office through referrals from the secretary of state or complaints from political opponents reviewing campaign reports.

Jackley said prosecution would require proof the candidate or committee acted “knowingly and intentionally,” saying accidental acceptance would not be prosecutable.

The bill includes an emergency clause, which would make it effective immediately upon passage through both legislative chambers and the governor’s signature, and before the primary election in June. For that, it will require a two-thirds vote in the Senate and House.

Jackley told the committee that the change aligns state law with federal restrictions and a March 2025 presidential executive order that he said helps address foreign-national influence. A section of that order calls on the U.S. attorney general to prioritize the enforcement of laws preventing “foreign nationals from contributing or donating in United States elections.”