You are on page 1of 5
OFFICE OF THE SECRETARY OF STATE STEVEN J. BARNETT, SECRETARY OF STATE JASON LUTZ, DEPUTY SECRETARY OF STATE CERTIFIED MAIL: Return Receipt Requested Carl Abernathey Abemathey for District 23 Senate 1108 B Ave Eureka, SD 57437 Dear Carl Abernathey, Enclosed is the following: Notice of Violation and Order for Abernathey for District 23 Senate ‘The Notice of Violation and Order states that Carl Abernathey failed to file a 2020 Pre-General Campaign Finance Disclosure Statement for Abemnathey for District 23 Senate with the Office of the Secretary of State by the filing deadline of October 19, 2020. Under campaign finance law SDCL 12-27-29. 1, failure to timely file any statement subjects the treasurer of the committee ‘to civil penalty of $200.00 for each violation. 12-27-29.4, Repeated failure to perform duty-Additional penalty—Referral for prosecution. In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, ifthe secretary of state finds that any person has failed to perform ‘any duty imposed on that person by this chapter, that person may be assessed an additional penalty not to exceed two ‘hundred fifty dollars. The secretary of state may refer repested violations of any duty required under this chapter for PROSECUTION by a state's attorney or the attorney general. Due to you not filing the 2020 Pre-General report, a $200.00 civil penalty has been assessed as detailed in the Notice of ‘Violation and Order. {ex have the option to pay the penalty or request a contested case hearing, Ifyou would like to request a contested ease hearing with the Office of Hearing Examiners you may do so in writing to the Office of Hearing examiners within 30 days of receipt of this order. We've included it ion on how to request the heari {you have any questions regarding this letter or the enclosure, please contact Rory Mennenger or Bailey Tibbs a (605) 773- 3537 or email at cfi@state.sd.us. Sincerely, ‘State Election Coordinator Enclosure (1) ‘500 EAST CAPITOL AVENUE + PIERRE, SD 57501-5070 ‘TELEPHONE: (608) 773-3537 + CORPORATIONS: (605) 713-4845 » FAX:(605) 773-6580 www SDSOS.govr sdsos@etate.sd.us OFFICE OF THE SECRETARY OF STATE STEVEN J. BARNETT, SECRETARY OF STATE JASON LUTZ, DEPUTY SECRETARY OF STATE December 23, 2020 Carl Abernathey Abernathey for District 23 Senate 1108 B Ave Bureka, SD $7437 Dear Carl Abernathey, November 17, 2020, our office mailed to you the Notice of Violation and Order stating that as the Treasurer of the Abernathey for District 23 Senate, you are responsible under law for filing campaign finance reports. Within the Notice, it was explained that if you didn’t file the required report within 35 days of November 17, 2020 and pay the civil penalty we will be terminating your committee. at that the cor has been terminated. .2. Order assessing penalty—Contents—Appeal—Termination of committee, Any civil penalty imposed pursuant to § 12-27-29.1 shall be assessed against the violator by an order of the secretary of state. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the Provisions of each law alleged to be violated. The secretary of state shall serve the order and assessment by certified mail, ‘The order shall contain a statement that the violator may appeal the order within thirty days after receipt of the order by filing a written request for a contested case hearing with the Office of Hearing Examiners. If no contested case hearing is Tequested within sixty days of service by certified mail, a civil penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by the secretary of state in the manner provided for the execution of money Judgments provided in chapter 15-18. ‘An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of ‘chapter 1-26, The venue of the appeal shall be in ce Ifa committee is terminated, ‘termination letter to the last address on record for the treasurer. shall m Sincerely, Bt Ban South Dakota Secretary of State ‘500 EAST CAPITOL AVENUE, PIERRE, SD 57501-5070 | TELEPHONE: (60S) 773-3537 | FAX: (605)773-6580 WWwW.SDSOS.cov | sosos@STATE.sD.US OFFICE OF THE SECRETARY OF STATE STEVEN J. BARNETT, SECRETARY OF STATE JASON LUTZ, DEPUTY SECRETARY OF STATE Jenuary 22, 2021 FINAL NOTICE Carl Abernathey Abernathey for District 23 Senate 1108 B Ave. Eureka, SD 57437 Dear Carl Abernathey, Our office has not received the administrative penalty assessed for failure to file your 2020 Pre- General Campaign Finance Disclosure Statement. Pursuant to SDCL 1-55-7, you have an additional 14 days to pay the administrative penalty of $200.00 before the debt will be tumed over to the Obligation Recovery Center (Collections). Ifthe penalty is not paid, the debt will be tuned over to the center and a cost recovery fee of twenty percent of the principal, in the amount of $40.00, will be added to the total debt you owe. This could Prohibit you from running for an elected office in the future per SDCL 12-27-29.3 below: 12-27-28.3. Prohibition of certification as candidate for failure to pay penalties or file required documents. No candidate who is listed on a statement of organization for a candidate campaign committee pursuant to §§ 12-27-3 and 12-27-6 may be certified as a candidate for office unless the treasurer of the candidate campaign committee for which the candidate is listed has: (2) Filed all statements, documents, and information required under this title; or @) Paid cach civil penalty assessed pursuant to § 12-27-29.1, or any other penalty imposed pursuant to this chapter against the candidate or the treasurer. ‘What happens if I do not pay the debt in full or make payment arrangements within 14 days? * We will refer your account to the South Dakota Obligation Recovery Center for collection Purposes. © Accost recovery fee in the amount of $40.00 will be added to the amount due, Ifyou have any questions regarding this etter, please contact Rory Mennenger or Bailey Tibbs at CFRAstate-sd.us. Sincerely, Bia Bont Steve Bamett Secretary of State ‘500 EAST CAPITOL AVENUE, PIERRE, SD 57501-5070 | TELEPHONE; (605) 773-3537 | FAX: (605) 773-6580 WWW.SDSOS.cov | spsos@sTATE.sD.US STATE OF SOUTH DAKOTA OFFICE OF THE SECRETARY OF STATE IN THE MATTER OF CARL ABERNATHEY FAILURE TO COMPLY ) NOTICE OF VIOLATION WITH SOUTH DAKOTA'S CAMPAIGN _) AND FINANCE DISCLOSURE REQUIREMENTS ) ORDER TO: Carl At 1108 B Ave Eureka, SD 57437 Pursuant to South Dakota Codified Law SDCL § 12-27-29.1, CARL ABERNATHEY has failed to comply with the requirements of filing a campaign finance disclosure statement by the filing deadline, and has thereby violated the provisions of SDCL § 12-27-21.1 and SDCL § 12-27- 22. CARL ABERNATHEY is the committee treasurer for Abernathey for District 23 Senate. Pursuant to SDCL § 12-27-22, the treasurer is the person responsible for signing and filing the ‘The FACTS alleged to constitute this violation are as follows: 1. CARL ABERNATHEY, is the committee treasurer for Abernathey for District 23 Senate as «established by the statement of organization filed in the office of Secretary of State, 2. According to SDCL § 12-27-21.1, a Pre-General campaign finance disclosure statement shall be received by the Secretary of State by 5:00 p.m. CT on October 19, 2020. ORDER WHEREFORE, as a result of these FACTS and VIOLATIONS, and pursuant to SDCL § 12-27- 29.1 and SDCL § 12-27-29.2, the South Dakota Secretary of State hereby ORDERS that the following corrective actions be taken by CARL ABERNATHEY: 1. CARL ABERNATHEY has failed to file the 2020 Pre-General campaign finance disclosure statement and shall pay a civil penalty for each violation of SDCL § 12-27-21.1 and SDCL § 12-27-22, as detailed in the attached Notice of Violation letter. In accordance with SDCL § 12-27-29.1, the amount ofthe civil penalty shall be $200.00. Upon payment of the penalty to the Secretary of State’s Office, these funds will be deposited in the state general fund. .._ In addition to the penalty outlined in section 1 above, if CARL ABERNATHEY does not submit the delinquent report within 35 days after the date of this order, the Secretary of State will terminate Abernathey for District 23 Senate. If Abernathey for District 23 ‘Senate is terminated, the Secretary of State shall mail a termination letter to the last. address on record for the TREASURER. 3. Ifyou wish to appeal this order, you may request a hearing as outlined in section four below. The appeal shall be taken and conducted pursuant to the provisions of SDCL § 1-26 and SDCL § 1-26. 4, In aceordance with SDCL § 12-27-29.2, CARL ABERNATHEY may request a contested ‘case hearing on the violation and penalty by filing a written request (via mail or email) with the Office of Hearing Examiners no later than 30 days after the receipt of this order. If the order is not contested within 60 days, the order assessing the $200.00 civil penalty ‘constitutes a judgment and may be executed as described in SDCL § 15-18. Office of Hearing Examiners Foss Building $23 E, Capitol Avenue Pierre, SD 57501 5. Ifa hearing is requested, the matter shall be scheduled for a hearing before the Office of Hearing Examiners.