State v. Kandaras for Senate Committee

DUNN, Chief Justice.

On April 11, 1977, the Kandaras for Senate Committee was convicted by a jury in the Sixth Judicial Circuit of failing to file a preelection statement on the seventh day prior to the November 2, 1976 election and fined $100. The Committee appeals its judgment of conviction. We reverse.

The facts are undisputed. On Saturday, October 23,1976, ten days prior to the election, the treasurer of the Committee prepared a report as required by SDCL 12-25-13. Wishing to make copies of the report before mailing it to the Secretary of State’s office in Pierre, he took the report to his…