South Dakota incumbent Republican lawmaker facing felony election fraud counts

SIOUX FALLS, S.D. (AP) — An incumbent South Dakota legislative leader is facing two felony counts, accused of falsifying signatures to put candidates forward for state Republican Party positions without them knowing.

Republican state Sen. Thomas Pischke of Dell Rapids represents a deep red district outside Sioux Falls and is seeking a third term in November. He faces two felony counts of knowingly submitting a falsified or forged document.

Pischke turned himself in to the Minnehaha County Jail on Tuesday and was released on a promise to appear for all future court dates, the sheriff's office said. An initial hearing is set for July 7.

Pischke has agreed to step away from his duties in the party, including serving on the executive board of the Minnehaha County Republicans, as the case plays out, said Jim Eschenbaum, chair of the South Dakota Republican Party.

“It’s a bad optic for the party,” Eschenbaum said Wednesday. “I’m disappointed that this has happened. But we also have to just be honest about what’s going on, you know, and deal with it.”

The Associated Press left email messages this week for Pischke and his attorney seeking comment.

If convicted of a felony, Pischke would not be able to hold a position with the state Republican Party, Eschenbaum said. It is unclear whether Pischke would be able to serve in the Legislature. State law says any person convicted of perjury, bribery or an infamous crime may not serve in the Legislature.

The Associated Press left phone messages Wednesday with the Legislative Research Council and state Senate President Pro Tempore Chris Karr seeking clarification.

Jessica Meyers, vice chair of the South Dakota Democratic Party, said any official who interferes with a public process should be held accountable.

“We believe in free and fair elections at every level of the political process," she said.

The biennial Republican Party state convention begins Thursday, but Pischke will not be there. At the convention, precinct committee people serve as delegates and voting members to determine party leadership and help set the party's agenda. Outside the convention, committee people perform duties in their communities like contacting and registering voters.

The charges against Pischke came after a monthslong investigation into the filings. The county auditor's office had identified 16 forms for precinct committee positions with suspected fraudulent signatures and discrepancies with registered voting addresses.

The auditor’s office called the nominees on the suspected fraudulent forms, and the majority said they didn’t fill them out. None were put on the ballot during the June Republican primary, according to Eschenbaum.

Pischke admitted to filling out his own form at the auditor's office to run for precinct committeeman but he denied filling out forms for others, the affidavit stated. He won the position in June, according to the auditor's office.

The investigation uncovered DNA evidence matching Pischke on envelopes containing the forms and used surveillance video to identify a vehicle near a mail drop box that was registered to Pischke.

Pischke ran unopposed in GOP Senate primary. He is facing Bryan Breitling, a former Republican state lawmaker who is running as an independent, in the November general election.

Breitling said Tuesday that he entered the race because the district needs a senator with integrity.

“These charges are the latest on a long list of poor judgments made by the senator,” he said.