South Dakota Code § 23-3-72

Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general
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Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
(1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to §
22-30A-10
;
(2) Bribery in public office pursuant to §
2-12-9
,
22-12A-7
, or
22-12A-11
; or
(3) An intentional violation of any limit on gifts to public officials under chapter
2-12
.
The person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.

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