Friday,  December 21, 2012 • Vol. 13--No. 156 • 22 of 31 •  Other Editions

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GOP activist pleads not guilty in robo-call case
DIRK LAMMERS,Associated Press

• MADISON, S.D. (AP) -- A Sioux Falls Republican political activist pleaded not guilty Thursday to orchestrating a robo-call campaign during election season that criticized GOP legislative leaders but lacked the required identifying disclaimers.
• State prosecutors allege that Daniel Willard, 31, violated state election law governing the production of campaign ads and communications in the run-up to an election. The complaint cites Willard for four counts of "failing to identify the name and address of the maker of a communication within 60 days of an election."
• Willard's attorney, R. Shawn Tornow, entered the plea Thursday morning in Madison.
• Tornow, an outgoing state legislator, called the statute "interesting" and said it has flaws. The wording fails to establish exactly what constitutes a "communication" and an "organization," he said.
• "Are they a committee? Are they a political action committee? What kind of organization are they?" Tornow asked.
• He said one of the counts in the complaint criticizes Willard for failing to state the address or website for the person or organization making the communication.
• "I didn't know there's a requirement that somebody has a website," he said.
• Assistant Attorney General Brent Jempema, who appeared for the state, declined comment after the hearing.
• Attorney General Marty Jackley's office alleges that Willard made calls identifying Sen. Russell Olson, R-Wentworth, and Reps. David Lust and Brian Gosch, both Rapid City Republicans, within 60 days of the election without including disclaimers identifying the person or organization paying for the communications.
• Calls made to Olson's cellphone formed the basis of the allegations.
• According to an affidavit filed by Bryan Gortmaker, director of the South Dakota Department of Criminal Investigation, Olson received calls to his cell phone on Sept. 12 and Sept. 17.
• "Did you know that State Sen. Russell Olson said you were a terrorist and that you do not have the right to free speech when asked why he voted for SB188," the caller said in the Sept. 17 call. "SB188 is a law gutting South Dakota National Guard members' educational benefits during a time when these brave men and women were fighting combat in Afghanistan."
• The Sept. 12 call criticized Lust and Gosch for their vote on the same bill, the affidavit said.

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