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No Foul: Rounds Sky Banner Conforms to FEC Rules

Speaking of breaking laws on Election Day, some Sioux Falls voters thought maybe they'd caught GOP candidate for Senate Mike Rounds in an FEC faux pas, as an airplane towed a banner exhorting them to "VOTE ROUNDS FOR SENATE."

Jonathan Ellis's photo doesn't make it clear, but an eager reader complains that he couldn't make out any "Paid for by" disclaimer on that banner, as required by the FEC rules on political ads and solicitations. Holy cow: will Bosworth and Rounds share a paddy wagon after the polls close tonight?

One might think a banner on a plane would be considered an "outdoor advertising facility," just like a billboard. However, the FEC exempts communications where it would be "inconvenient" to print the "Paid for by" notice. That exemption covers the small and the really big:

In situations where a disclaimer notice cannot be conveniently printed, the notice is not required. This provision affects items such as pens, bumper stickers, campaign pins, campaign buttons and similar small items. Further, a disclaimer notice is not required for communications using skywriting, clothing, water towers or other forms of advertisement where it would be impracticable to display the disclaimer notice. 11 CFR 110.11(f) (See also AO 2002-09 [PDF]) ["Special Notices on Political Ads and Solicitations," Federal Election Commission, published October 2006, downloaded 2014.06.03]

The assumption here is that there is no way one could create a banner that a plane could safely carry that would present a full "paid for by" disclaimer to viewers on the ground. The Rounds sky banner thus appears to conform to FEC rules.

56 Comments

  1. Jim 2014.06.03

    I thought I saw mike waving from the cockpit, and I think he was sitting on a couple of phone books.

  2. Bree S. 2014.06.03

    It rained almost all day in Pierre so it was only in the sky for a short time in the morning and around lunch time.

  3. grudznick 2014.06.03

    I heard the Rounds plane buzzed the Capitol right at 5pm.

  4. Rick 2014.06.03

    The plane was towing the banner over Sioux Falls late Monday afternoon. Saw it as a I was jogging on the bike path.

  5. Coltar.The.Barbarian 2014.06.03

    You think that Rounds would want to stray away from any association with planes...

  6. grudznick 2014.06.03

    I heard that Mr. Nelson has had a fork stuck in his toast already.

  7. grudznick 2014.06.03

    grudznick calls it for Rounds

  8. grudznick 2014.06.03

    grudznick calls it for Daugaard

  9. Lanny V Stricherz 2014.06.03

    U.S. Senator – Republican (159 of 680 precincts)

    Stace Nelson 2,485 - 16.67%

    Mike Rounds 8,728 - 58.54%

    Annette Bosworth 935 - 6.27%

    Jason Ravnsborg 522 - 3.50%

    Larry Rhoden 2.239 - 15.02%

    Governor - Republican (159 of 680 precincts)

    Lora Hubbel 2,621 - 17.71%

    Dennis Daugaard 23,177 - 82.29%

    Governor - Democrat (159 of 680 precincts)

    Susan Wismer 3,254 - 57.31%

    Joe Lowe 2,424 - 42.69%

  10. grudznick 2014.06.03

    grudznick has already called 2 of those races, Mr. Stricherz.

  11. grudznick 2014.06.03

    Mr. Nelson is going to borrow somebody's blackberry phone to call Mr. Rounds in about 5 minutes.

  12. grudznick 2014.06.03

    Ms. Hubble won't use those fancy phones because she knows the government is spying on her through them.

  13. grudznick 2014.06.03

    grudznick calls it for Weifenbach

  14. Lanny V Stricherz 2014.06.03

    I have watched 2001A Space Odessey as I also watched the returns on my computer. As I type this Dave has disconnected the computer running the spaceship headed to Jupiter. As the computer, which was trying to destroy all of those on the mission, is dying, it sings a song which its creator taught it, Daisy, Daisy give me your answer do.

    I am not sure which is wierder, the movie or the returns and the BS that grudz is putting out gloatingly and snickeringly. Are you a computer grudz?

  15. Bree S. 2014.06.03

    Are we the slowest state on reporting results or what.

  16. Bree S. 2014.06.03

    At what percentage for Rounds, Grudz.

  17. Lanny V Stricherz 2014.06.03

    U.S. Senator – Republican (367 of 680 precincts)

    Stace Nelson 6,531 - 16.58%

    Mike Rounds 22,911 - 58.17%

    Annette Bosworth 2,333 - 5.92%

    Jason Ravnsborg 1,264 - 3.21%

    Larry Rhoden 6,349 - 16.12%

    Governor - Republican (367 of 680 precincts)

    Lora Hubbel 7,102 - 18.13%

    Dennis Daugaard 32,074 - 81.87%

    Governor - Democrat (367 of 680 precincts)

    Susan Wismer 8,353 - 56.92%

    Joe Lowe 6,323 - 43.08%

  18. Kathy 2014.06.03

    I saw it over Sertoma Park & my place in Sioux Falls this morning. Maybe it's just me, but I thought it a bit over-the-top.

  19. Bree S. 2014.06.03

    His campaign has never had an original thought.

  20. Bree S. 2014.06.03

    I'm pulling for a result closer to 50% for Rounds.

  21. Lanny V Stricherz 2014.06.03

    Governor - Democrat (451 of 680 precincts)

    Susan Wismer 11,026 - 56%

    Joe Lowe 8,636 - 44%

  22. caheidelberger Post author | 2014.06.03

    Well, golly, Kathy, it was pretty much over everybody's top.

  23. Lanny V Stricherz 2014.06.03

    It has been a steady 55 1/2 to 58 % the whole night Bree.

  24. Roger Cornelius 2014.06.03

    The next words I want to hear are Dr. Ding Dong Conceded.

  25. Lanny V Stricherz 2014.06.03

    Stace Nelson 10,078 - 17%

    Mike Rounds 33,418 - 57%

    Annette Bosworth 3,456 - 6%

    Jason Ravnsborg 1,751 - 3%

    Larry Rhoden 10,103 - 17%

    \
    Governor - Democrat (490 of 680 precincts)

    Susan Wismer 12,201 - 56%

    Joe Lowe 9,630 - 44%

  26. Lanny V Stricherz 2014.06.03

    Roger, I would suggest that now that she is defeated, this blog and anyone who is interested in seeing Mike Rounds and Dennis Daugaard defeated in the Fall, never mention her name again.

  27. Lanny V Stricherz 2014.06.03

    Governor - Democrat (529 of 680 precincts)

    Susan Wismer 13,593 - 56%

    Joe Lowe 10,669 - 44%

  28. Bree S. 2014.06.03

    And Jeff beat that overspending lying radical Tad Perry.

  29. Roger Cornelius 2014.06.03

    Lanny

    I suspect you're right in just letting Bosworth disappear, however it appears that she won't do that since she has formed a PAC.

  30. Lynn 2014.06.03

    Roger any results from the Democratic Legislative primary in the Rapid area? I looked at the RCJ but didn't see anything.

  31. Roger Cornelius 2014.06.03

    Lynn,

    Too early, just scattered reports.

    Johnson is ahead of Phil Jensen by a couple of points.
    Robin Page is pretty much tied in her race

  32. Lanny V Stricherz 2014.06.03

    Bree, Is Tad Perry the guy that was the executive secretary or whatever it was called of the Board of Regents for about 25 or more years?

  33. Lanny V Stricherz 2014.06.03

    Roger, with the amounts of money that Rounds and Daugaard have they are self contained PACs.

  34. Roger Cornelius 2014.06.03

    That's true Lanny.

    It will be interesting to see if and when Rounds reaches that $9 million mark he bragged about.
    And most importantly, where that money comes from.

  35. caheidelberger Post author | 2014.06.03

    Lanny, yes, it's that Tad Perry. He served one term in the House 2011-2012.

  36. Bree S. 2014.06.03

    That's too bad about District 23. That Harrison is a pro-choice liberal.

  37. grudznick 2014.06.03

    Mr. Rhoden is surging, and they haven't even counted the Rhoden Rhanger votes yet.

    Mrs. S, who has the plastic baggies with "Howie" on them to tape over the Nelson signs? I could use a couple.

  38. Lanny V Stricherz 2014.06.03

    Jenny's post from a little after noon today, on yesterday's blog makes her the winner. Turn Bos and Ravensborg around and she nailed it.

    Jenny
    2014.06.03 AT 12:56
    Here are my picks, always fun!

    Rounds 56% Name recognition
    Nelson 16% Couldn't raise money
    Bosworth 3% Not nutty enough for some
    Rhoden 18% Good West River turnout
    Ravnsborg 7% Small loyal following

    Weiland - the ball is yours to do something big this Fall, will you Dems help him out?

  39. Roger Cornelius 2014.06.03

    From NewsCenter1 in Rapid City

    District 33
    Johnson 51%
    Jensen 49%

    Robin Page 53%
    Haven Stuck 47%

    Johnson and Page have just been declared winners.

  40. Bree S. 2014.06.03

    Rounds is under 56% and dropping! Can we hit 53%?

  41. Lanny V Stricherz 2014.06.03

    In 1990, when my daughter was a student at USD, I came home on I-29 from the Sioux City area, and there were cars strewn along the side the highway not from snow or ice but from cold. There were about 40 between Beresford and Sioux Falls. It was the Thursday before Christmas. I called my daughter and told her to stay in the dorm the next night because I didn't want her to freeze to death in her old beater along the highway. She said she couldn't because they were closing the dorms. I told her to get a motel room at the Lamplighter and I would pay for it the next week when I was there.

    I called the highway patrol and told them that they needed to do something and they told me they couldn't I should call Pierre and talk to the board of regents. I called and talked to this guy who sounded like he had just move here from Georgia, (which I think he had if memory serves me). It was Tad Perry of course and he had no idea what I was talking about when I said that he had to make USD open the dorms. After about 5 minutes of discussion, I said, listen you get those dorms open or you are going to be responsible for the deaths of a lot of kids, because unlike you rich politicians (I had looked and he was making over 100k then already) many of those kids are driving old beaters and they won't make it in this weather. They kept one of the dorms open and then on Friday night the weather broke so the kids still got home for Christmas. You are right Bree, I have detested that guy ever since.

  42. Lanny V Stricherz 2014.06.03

    Hey grudz, 2nd place pays the same as 5th. This ain't a horse race. They all got their hinders kicked. The one to whom I gave ammunition against MMR and your boy Rhoden, didn't use it. And none of them hit Rounds hard enough on his crony capitalism. For a fiscally conservative state, we sure don't vote like it.

  43. grudznick 2014.06.03

    Indeed, Mr. Stricherz.

    Except I had side bets. Shame on you if you didn't get a piece of that action because I know you are old enough to know better. Expect Mr. Rhoden to not lie in the mud and wallow but instead to rise and bow his neck.

  44. Jessie 2014.06.03

    Why is it taking so long so get results from Pennington County?

  45. Bree S. 2014.06.03

    Tad Perry is the former lobbyist and former head of the political science department of Ball State Univ. in Indiana - which happens to me my home state. I even took the Genetics class over the TV in HS from Ball State. He's a profligate unconscionable liar. Calling himself a "traditional Republican" and a "true Republican" when he's really a Marxist radical. He had pretend grassroots waving a picture of Ronald Reagan this A.M. Jackass liar.

  46. Jessie 2014.06.03

    of course they came while I was typing that. grrrr

  47. grudznick 2014.06.03

    Mrs. S, are you blogging from Mr. Nelson's after par-tay? Or is he with Mr. Howie, plotting the demise of the Republican party? I only ask you because you seem the dimmest witted of that insane crew.

  48. Bree S. 2014.06.03

    I was wrong about Rhoden.. Not that it matters w/o more money spent.

  49. Bree S. 2014.06.03

    Jeff Monroe and Phil Jensen win. Time to takeover the state.

  50. Deb Geelsdottir 2014.06.03

    Wismer is beating Lowe!?!

  51. Bree S. 2014.06.03

    No, Grudz. I will support Howie despite his Theocratic bent. Another pastor in the Senate won't hurt us and Pressler is just too liberal for me.

  52. Roger Cornelius 2014.06.03

    Damn NewsCenter1!
    They were wrong about the District 33 Senate race, Phil Jensen beat Johnson by 30 votes. That according to KOTA

    Robin Page won the Democratic primary. Congrats Robin

  53. Lanny V Stricherz 2014.06.04

    Finals on the statewide

    U.S. Senator – Republican (680 of 680 precincts)

    Stace Nelson 13,178 - 17%

    Mike Rounds 41,372 - 57%

    Annette Bosworth 4,282 - 6%

    Jason Ravnsborg 2,066 - 3%

    Larry Rhoden 13,591 - 17%

    S.D. Republicans choose Rounds for U.S. Senate

    Governor - Republican (680 of 680 precincts)

    Lora Hubbel 14,194 - 19%

    Dennis Daugaard 60,010 - 81%

    Former Gov. Rounds wins GOP Senate race

    Governor - Democrat (680 of 680 precincts)

    Susan Wismer 15,308 - 56%

    Joe Lowe 12,282 - 44%

    Daugaard, Wismer earn party nominations for governor

  54. Lanny V Stricherz 2014.06.04

    Okay Grudznick and Bree, since you are apparently west river and did not get a chance to see my LTE in the Argus last Saturday and since I will be leaving Madville, I want you to see what kind of boy your boy Rhoden really is, if you don't already know. The Argus didn't print the website which proves my point beyond the shadow of a doubt.

    When I read Peter Harriman’s piece on Roger Andal in the May 24 Argus Leader, I knew that when I went to the Memorial Day remembrances at the VA, I would need as I always do, to visit the Memorial shrine, donated by Mollett Memorials, to Roger, the DAV and the VA. I thought about how, when the memorial was first placed on the VA grounds some of the VA employees were upset, because they thought Roger was buried there, which of course was not so. It was nice to see that former National DAV service officer, Larry Bouska said that there is no like memorial on VA grounds anywhere in the country. Many think that Tom Daschle was the veterans advocate, but in actuality, that advocacy came at the hands and hard work of Roger Andal and Gene Murphy.

    Like Gene Murphy in Harriman's article, many of us miss Roger and think about him often. You often hear a guy described as a man's man, well Roger was that, but he was also a veteran's man, a people's man. He was an advocate of anything and everything that was right. Being at the Memorial shrine and services reminded me of Roger Andal's last big fight for veterans, and other than the fight for his life against the ill effects of Agent Orange, one of the few that he lost.

    Mike Rounds and Larry Rhoden would have us believe that they support our veterans and the troops from South Dakota sent into harm’s way. But Vietnam veteran, Clarence Kooistra Republican Senator from Garretson and Representative from Hudson, Maggie Gillespie daughter of a Korean war veteran, proposed SB 184 during the 2006 Legislative session to ensure that all troops returning from theaters of operations where depleted uranium had been used, be tested for that exposure. Roger worked hard to try to get SB184 passed because he did not want returning veterans of the current wars to suffer the same debilitations that he had from Agent Orange. The bill was opposed by Governor Rounds’ office and led to defeat by then House Majority leader, Larry Rhoden in the House where the bill was hoghoused, which means it was gutted. Mike Rounds was the governor whose office had asked the Legislature to defeat the bill so that he wouldn't have to veto it. Roger died the following June.

    Lanny Stricherz
    Sioux Falls
    For your benefit, I will attach the website so that you can look at the bill if you so choose. If you do, you can see that it passed both houses before it was brought back and gutted it, which caused it to fail in conference.
    http://legis.sd.gov/sessions/2006/184.htm

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