Dec. 31, 2025:
Election integrity and open meeting laws will be two subject areas addressed by South Dakota Attorney General Marty Jackley’s legislative proposals during the 2026 state lawmaking session.
The proposed bills would:
- prohibit foreign nationals from contributing or donating financially to state campaigns;
- require that a proposed agenda must contain a statement of the items scheduled to be considered by a public body during any official meeting;
- revise the requirements for executive or closed meetings; and
- require the posting of an agenda of any official open meeting on a state website at least 72 hours before the meeting is scheduled to start according to the agenda.
Jackley plans to introduce a total of 10 bills during the legislative session that starts Jan. 13. Once filed, the bills can be found on the Legislative Research Council website, https://sdlegislature.gov/Session/Bills/71.
Election Integrity
- Jackley’s proposal would prohibit foreign nationals from contributing or donating financially to state campaigns.
- “Foreign interests should never have a role in influencing South Dakota elections,” said Jackley. “This legislation reinforces President Trump’s executive order and ensures that our campaign process remains transparent and accountable to the people of South Dakota—not foreign entities.”
Open Meeting Laws
- The three separate bills promote government transparency. They require that a proposed agenda must contain a statement of the items scheduled to be considered by a public body during any official meeting; revise the requirements for executive or closed meetings and require the posting of an agenda of any official open meeting on a state website at least seventy-two hours before the meeting is scheduled to start according to the agenda.
- “These proposals were recommended by the Advisory Task Force Committee on Open Meetings Laws that I created to promote government transparency,” said Jackley. “I appreciate the committee’s work to provide clearer direction to boards and commissions to inform the public.”
- The two media representatives on the committee, David Bordewyk, Executive Director of the South Dakota NewsMedia Association, and Steve Willard, Executive Director of the South Dakota Broadcasters Association, say the proposals make sense.
- “In the past, such open meeting requirements have not been clearly stated and that has caused confusion,” they said. “We believe these measures will help both government officials and the media do their jobs while also continuing to accurately inform the public on issues that are important to them.”
Dec. 30, 2025:
South Dakota Attorney General Marty Jackley has selected three areas he intends to target with proposed legislation during the 2026 state legislative session.
Jackley said controlled substances in the state penitentiary, protection of youth from illegal substances, and Artificial Intelligence-generated pornographic images are the centerpieces of what he will ask state lawmakers to pass.
The proposed bills would:
- Revise provisions related to possession and ingestion of controlled substances within the penitentiary system.
- Revise provisions regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of 21.
- Revise a provision related to criminal invasion of privacy, prohibit the creation and distribution of digitally fabricated pornographic material of a non-consenting individual.
Jackley plans to introduce a total of 10 bills during the legislative session that starts Jan. 13. Once filed, the bills can be found on the Legislative Research Council website, https://sdlegislature.gov/Session/Bills/71.
Controlled Substances Within the Penitentiary
- Revise provisions related to possession and ingestion of controlled substances within the penitentiary system.
- The Attorney General’s Office this year investigated eight prison inmate drug overdose deaths and has filed charges in three of the cases. Attorney General Jackley said controlled substances coming into the penitentiary continue to be a problem that must be addressed.
- “We need tougher laws to stop the use and delivery of controlled substances into our penitentiary system,” said Jackley. “Strengthening our laws will enhance the deterrent effect and better protect both correctional officers and inmates.”
Protecting Minors, Young Adults from Illegal Substances
- Revise provisions regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for those under the age of 21.
- Jackley announced in September charges had been filed against five vape shop owners for the sale of illegal products.
- “Our investigations discovered dangerous substances that need age restrictions to better protect our minors and young adults, much like we do with tobacco and alcohol,” said Jackley.
AI Generated Pornographic Images
- Revise a provision related to criminal invasion of privacy, prohibit the creation and distribution of digitally fabricated pornographic material of a non-consenting individual.
- “In 2024, my legislation that dealt with AI-generated pornographic images involving minors was approved by the Legislature and signed by the Governor,” said Jackley. “Recent investigations have shown the need to further protect non-consenting adults falling victim to similar AI generated pornography.”
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