South Dakota
Deepfakes bill clears state Senate, loses impact on 2024 primary – South Dakota Searchlight
A bill to bar the dissemination of unlabeled “deepfakes” within 90 days of an election cleared the state Senate on Tuesday, but not before lawmakers stripped it of an emergency clause that would have changed the law in time for the 2024 primary.
Deepfakes is the blanket term attached to photos, audio and video manipulated digitally to resemble or sound like a real person, and they’ve already been used to target voters in the U.S. presidential election. In last month’s primary election in New Hampshire, voters heard robocalls from a voice purporting to be President Joe Biden that urged them to “save their vote” for the general election.
Sen. Liz Larson, D-Sioux Falls, is the prime sponsor of Senate Bill 96, which she calls a “light touch” regulation. Twenty-seven states have or are trying to enact outright bans or create regulations around deepfakes, but Larson said South Dakota should take a careful approach that creates accountability without overreaching.
There may be a need for more serious regulation as the technology evolves, she said, but deepfakes are already convincing enough to be used against any candidate.
“There are currently no laws on our books to prevent anyone from doing this,” Larson said.
Larson played a phony audio clip made to sound like former President Donald Trump during the bill’s committee hearing last week.
SB 96 would make it a class 1 misdemeanor, punishable by up to a year in jail, to create and release a video, photo or audio manipulated by digital means to resemble a real person “with the intent to injure a candidate or influence the result of an election” unless it is labeled as fake.
It would also empower the attorney general or targeted candidate to “seek injunctive or other equitable relief prohibiting the dissemination of the deepfake,” and allow the state Board of Elections to issue fines for breaking the law.
Those caught creating and releasing election-related deepfakes not labeled as such more than once in five years could be fined up to $10,000 by the board, and those who do so with the intent to cause violence could be fined up to $5,000. In all other cases, the board could issue a $1,000 fine.
As debate on the bill commenced, Larson asked for and received support from her fellow senators to amend the bill with exemptions for media organizations that unknowingly publish or broadcast deepfakes in electoral ads. There are also exemptions for satire or parody.
Those clauses were an issue for Sen. David Wheeler, R-Huron. Satire is subjective, he said, and he also didn’t like the idea that he could “pay a buddy $5” to post a deepfake to a blog and avoid punishment.
“As long as you pay someone to publish it, it’s OK,” Wheeler said of the amendment.
Sen. John Wiik, R-Big Stone City, argued that it’s too soon to regulate such a new technology.
“This is a new thing. And when we’re entering into new territory, our gut instinct is ‘we need a law,’” Wiik said.
He also objected to handing the Board of Elections the power to fine people – something it’s never had, Wiik said.
The majority of senators disagreed with Wheeler and Wiik, though. They voted to back the bill 21-11, not enough to get the two-thirds majority required to make the bill law immediately with the governor’s signature. It was enough, however, for Lt. Gov. Larry Rhoden to invoke Joint Rule 513, which allows a bill that misses the two-thirds mark but gets majority support to be immediately reconsidered without an emergency clause.
After an amendment removing the clause was moved and seconded, SB 96 passed on a 22-10 vote. Sen. Julie Frye-Mueller, R-Rapid City, switched her vote after the amendment.
Larson’s bill now moves to a House of Representatives committee. If it passes that chamber and is signed by the governor, it will take effect July 1, after the June primary election and before the November general election.
Another bill on deepfakes, SB 107, has yet to see a committee hearing. That bill, from Rapid City Republican Sen. David Johnson, is a companion bill to SB 96. It would go beyond elections to punish those who create deepfakes of any person “with the intent to defame, exploit, harass, intimidate, or sabotage the person.”
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(SOUTH DAKOTA SEARCHLIGHT) – Democrats are running for 46 of South Dakota’s 105 legislative seats — leaving 56% of seats without a Democratic candidate.
That doesn’t bode well for the party ahead of November, said Michael Card, professor emeritus of political science at the University of South Dakota.
“It doesn’t put them in a position to actually put forward their ideological policy preferences and have much of a success at getting those enacted,” Card said.
In the state Senate alone, Democrats have failed to field a candidate for 22 seats, which is nearly two-thirds of the chamber. In the House, Democrats have failed to field a candidate for 38 seats, which is 54% of the chamber.
There is only one Democratic legislative primary in the state: a state Senate race in District 26, which includes the Rosebud Reservation.
There are no statewide Democratic primaries, after announced candidates for governor and U.S. House dropped out or failed to gather enough petition signatures to make the ballot, leaving one Democrat in each of those races.
Statewide candidates will have less name recognition than Republican candidates ahead of the general election, since they didn’t have primaries, Card said. In the Legislature, Card said Democrats “are guaranteeing they won’t get a majority.”
In contrast, Republicans have primary races for governor, U.S. House and U.S. Senate. Five legislative districts do not have Republican primaries, but do have Republican candidates. There is a Republican candidate running for every legislative seat, except for one House seat in District 27, which includes the Pine Ridge Reservation.
Card said there are several factors leading to poor candidate turnout among Democrats, including a self-fulfilling cycle of failure.
“A lack of winning makes fewer people willing to take a chance on running for office,” Card said. “Why run if I think I’m going to lose?”
Democrats haven’t held a statewide office since 2015, and they haven’t held a majority of either legislative chamber since 1994.
Joe Zweifel, deputy executive director of the South Dakota Democratic Party, said the organization worked “really, really hard” to convince Democrats to run for office.
“But you can’t force people to run for office,” said Zweifel, of Sioux Falls, who’s running for a legislative seat himself in District 12.
He’s heard the open seats called a “failure.” But he disagrees, choosing to focus on the Democrats who did step forward.
“We’re running quality, good candidates in those races,” Zweifel said.
The South Dakota Democratic Party hopes to build on legislative successes, such as a new law from Rep. Kadyn Wittman, D-Sioux Falls, that commits state funding to cover the family portion of reduced-price school meals.
“That specifically is a return on investment for our donors, and it shows that Democrats are doing good things for the people of South Dakota,” Zweifel said.
Wittman’s success helped inspire Democratic District 13 House of Representatives candidate Ali Rae Horsted, of Sioux Falls, to take a second run at the Legislature. Horsted ran unsuccessfully for the Senate against Sen. Sue Peterson in 2024, garnering 42% of the vote.
Horsted plans to build on that success and the name recognition she already has in the district. She hopes she’ll have “better odds” in this election, since there are two House seats for every district.
Horsted said it would better serve South Dakota if the state had a more balanced Legislature. While the latest Legislature was 92% Republican, 52% of voters in South Dakota are Republican. South Dakota has the lowest percentage of Democrats, 7.6%, in the Legislature nationwide.
“I think it’s important that people have options on the ballot,” Horsted said, “and people are able to vote for candidates that represent their values and their vision for the future of South Dakota.”
Makenzie Huber is a lifelong South Dakotan who regularly reports on the intersection of politics and policy with health, education, social services and Indigenous affairs. Her work with South Dakota Searchlight earned her the title of South Dakota’s Outstanding Young Journalist in 2024, and she was a 2024 finalist for the national Livingston Awards.
South Dakota Searchlight is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
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From East River to West River, South Dakota communities share a common goal: creating places where people of all ages can live, work and thrive. AARP’s Domains of Livability provide a framework to help communities do just that. Through the AARP Community Challenge grant program—designed to spark quick, impactful local projects—South Dakota communities are turning big ideas into visible, people-centered improvements.
Read the South Dakota Community Challenge Grant Report, which showcases grant-funded projects across the state designed to build more livable communities.
What Are AARP’s Domains of Livability?
AARP’s approach to livable communities is rooted in eight interconnected domains that together support quality of life at every age:
- Outdoor Spaces and Buildings – Safe, accessible parks, streets and public buildings
- Transportation – Affordable, accessible options for getting around
- Housing – A range of choices that support independence
- Social Participation – Opportunities to connect, learn and have fun
- Respect and Social Inclusion – Communities that value people of all backgrounds and ages
- Civic Participation and Employment – Meaningful ways to engage and contribute
- Communication and Information – Clear, accessible ways to stay informed
- Community Support and Health Services – Access to services that support well-being
These domains work best when addressed together—something South Dakota communities are embracing.
Turning Vision into Action with Community Challenge Grants
AARP Community Challenge grants fund short-term, “quick-action” projects that can ignite long-term change. Across South Dakota, these grants have helped communities pilot ideas, build momentum and demonstrate what’s possible when residents put people first.
Here’s how local projects are bringing the Domains of Livability to life:
- Outdoor Spaces and Buildings: Communities have used grants to enhance parks, create pop-up public spaces, add benches and shade and install wayfinding signs. These improvements invite people to linger, gather, and enjoy shared spaces—supporting both physical activity and social connection.
- Transportation: Small, thoughtful transportation projects can make a big difference. Community Challenge grants have supported safer crossings, improved walkability and bikeability around key destinations and the planning or installation of transit amenities like shelters and seating—especially important for older adults and people with mobility challenges.
- Housing and Community Support: Some projects focus on helping residents age in place by improving access to information about home modification resources or by testing neighborhood-level solutions that connect people to services. These efforts strengthen independence and peace of mind.
- Social Participation and Inclusion: Murals, community events and creative placemaking projects funded by AARP grants have sparked community pride and social connection. By involving residents in design and implementation, these projects foster respect, inclusion and a strong sense of belonging across generations.
- Communication, Civic Participation and Opportunity: From hosting community conversations to creating new tools for sharing local information, South Dakota communities are using grants to engage residents in shaping their future. These efforts elevate local voices and encourage ongoing civic participation.
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