SIOUX FALLS, S.D. — South Dakota Gov. Kristi Noem was coming back from an official look in Fast Metropolis in 2019 when she confronted a choice: In a single day within the capital of Pierre, the place one other journey would begin the subsequent day, or head house and see her son attend his highschool promenade?

The Republican governor selected the latter, a choice that finally price taxpayers some $3,700 when the state airplane dropped her off close to her house after which returned the subsequent day to choose her up.

It’s one among a number of journeys that 12 months the place Noem, a possible 2024 White Home contender, blurred the traces between official journey and attending both household or political occasions. The journeys sparked a grievance to the state ethics board, which has referred the matter to the state’s Division of Felony Investigation. A county prosecutor overseeing the investigation will determine whether or not the governor broke an untested regulation enacted by voters in 2006 to rein in questionable use of the state airplane.

The governor has additionally confronted motion by the identical ethics board for intervening in a state company shortly after it moved to disclaim her daughter an actual property appraiser’s license.

As Noem’s political star rose in 2020, she started utilizing personal jets to fly to fundraisers, marketing campaign occasions and conservative gatherings.

However earlier than that, within the first 12 months of her time period in 2019, Noem used the state airplane six instances to fly to out-of-state occasions hosted by political organizations together with the Republican Governors Affiliation, Republican Jewish Coalition, Turning Level USA and the Nationwide Rifle Affiliation. Uncooked Story, a web-based information web site, first reported the journeys, which the governor’s workplace defended as a part of her work because the state’s “ambassador” to bolster the state’s financial system and intergovernmental relationships.

State airplane logs additionally present that Noem had members of the family be a part of her on in-state flights in 2019.

The 2006 poll measure was a response to scrutiny of airplane journey by then-Gov. Mike Rounds, who attended occasions equivalent to his son’s away basketball video games whereas on journeys for different official enterprise. On the time, Rounds, now a U.S. senator, used political funds to reimburse the state for these journeys, in addition to journey to political occasions.

State Sen. Reynold Nesiba, a Democrat who proposed the poll measure earlier than he grew to become a lawmaker, stated voters have been clear of their intent.

“When it’s been used for members of the family, this looks like a transparent violation of not solely the letter however the spirit of the regulation that was handed overwhelmingly,” he stated.

Noem marketing campaign spokesman Ian Fury stated it was “totally inside precedent” for members of the family to affix governors on flights, including that the “stage of nitpickiness is ridiculous as a result of she is doing this type of factor lower than Dennis Daugaard,” referring to Noem’s Republican predecessor.

State airplane logs from Daugaard’s final time period present spouse, Linda, typically joined journeys. Daugaard’s sister and daughter additionally joined one journey every in 2017 and 2016 respectively. Noem’s youngsters — not counting daughter Kennedy Noem, on the governor’s employees as a coverage analyst — joined 9 airplane journeys throughout her first time period.

On one other journey, Noem’s itinerary allowed her to return house for her son’s promenade. On April 5, 2019, she rode the state airplane from Watertown, close to her house in Castlewood, to Fast Metropolis for an announcement on Ellsworth Air Drive Base. On the return flight, the airplane stopped within the capital metropolis of Pierre to drop off Rounds, who had joined her for the journey, and a number of other aides. However despite the fact that she had one other journey from Pierre to Las Vegas for a Republican Jewish Coalition occasion deliberate the subsequent day, Noem didn’t keep within the governor’s mansion there.

She flew to Watertown, close to her house, in time to observe her son take the stage at his promenade, in line with Noem’s social media posts. The state airplane, in the meantime, returned to Pierre, solely to make the journey again to Watertown for the governor the subsequent day.

Fury defended the journeys as a result of her journey began in Watertown, close to the place she had spoken at an occasion for her son’s college district the day earlier than.

“A part of official journey is coming back from official journey,” Fury stated.

He used the same protection for a Could 30, 2019 journey that began in Custer, the place she was staying to assist her daughter put together for her wedding ceremony, and traveled across the state to talk at two youth management occasions. Noem’s son, nephew and one among their associates who have been attending a type of occasions, in Aberdeen, rode again on the state airplane to affix the marriage preparations.

Fury stated including her son and his associates to the flight didn’t price the state any more money and was a part of her official journey.

Richard Briffault, a professor at Columbia Regulation College who makes a speciality of authorities ethics, stated Noem’s journey to political occasions appeared to fall right into a authorized grey space. Whereas a visit to fundraise or marketing campaign would clearly break the regulation, he stated, touring to fulfill with political teams was “pushing the restrict.”

Throughout the nation, Democratic and Republican governors alike have come beneath scrutiny for his or her use of state plane. New York, Kentucky, Minnesota and Montana permit governors to do some politicking with state-owned plane however place some restrictions and require reimbursements for political use. New York additionally permits instant members of the family to journey with the governor.

Hughes County State’s Legal professional Jessica LaMie, who was appointed to look at whether or not Noem broke the regulation, promised a “thorough” investigation.

“In the event you take the title and all of that out of it, it’s no completely different than every other investigation,” she stated.

Neil Fulton, the dean of the College of South Dakota Regulation College who additionally served as Rounds’ chief of employees after the 2006 regulation was enacted, stated it isn’t completely clear what precisely the regulation means by “state enterprise.” He stated different jurisdictions often outline state enterprise as “actions to advance packages or initiatives of the state.”

The regulation imposes steep fines: $1,000 plus 10 instances the price of the journey. Violators additionally face a Class 2 misdemeanor, which carries a most of a 30-day jail sentence, however that’s often solely reserved for repeat or violent offenders.

“We weren’t hoping to convict anybody of something,” Nesiba, the state lawmaker, stated. “We have been hoping to make a deterrent.”