Anti-abortion group doesn’t want to disclose top donors

PIERRE, S.D. (KELO) — A national organization that tried to ban medical abortion drugs in South Dakota two years ago now has a lawsuit pending in federal court that challenges a South Dakota law regulating independent communications.

The Virginia-based group Students For Life Action has asked U.S. District Judge Roberto Lange to declare the law invalid. The group alleges the law is overbroad and violates the U.S. Constitutional guarantees of freedom of speech because it requires an organization to list the top five donors in all independent communications made to voters.

The Legislature passed the “top five donors” requirement in 2013 and it was signed into law by then-Gov. Dennis Daugaard. A violation is a Class 2 misdemeanor punishable by up to 30 days in a county jail or a fine up to $500, or both.

In the 2022 session, Students for Life Action supported the passage of HB1208 which sought to prohibit chemical abortion drugs in South Dakota. The legislation’s prime sponsor was Republican Steven Haugaard , who served in the state House of Representatives at the time. Jaylem Durousseau from Students for Life Action was the only witness to testify for Haugaard’s legislation at a House committee hearing. House members eventually passed an amended version of the bill, but a Senate committee later killed it.

On June 6, 2022, right before the primary elections for nominations to seats in the Legislature, Students for Life Action engaged in text messages and postcards reporting how several Republican incumbents had voted on HB1208, as well as that several Republican challengers had promised to vote 100% pro-life. The group reported spending $116.62 to spread the information regarding each of the 12 candidates for a total of $1,399.44.

Since then, Students for Life Action claims it intends to engage again in independent communication to South Dakota voters. On June 5, 2023, the group sued state Attorney General Marty Jackley and South Dakota Secretary of State Monae Johnson in an attempt to overturn the “top five donors” portion of the law.

Students for Life Action later filed an amended complaint. The attorney general’s office is seeking dismissal of the matter. Judge Lange held a hearing on January 4, 2024, for the sides to make their arguments. More than six months later, there hasn’t been a decision.

A spokesman for the attorney general declined to comment for this story because the case is pending. Lawyers representing Students for Life Action haven’t responded to emails sent last week requesting comment.

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