SIOUX FALLS — South Dakota State Senator Tom Pischke was charged with two felony counts of attempted election fraud. The charges allege he filed documents to place candidates for county party positions on the June 2 primary ballot without their knowledge. Pischke, a 44-year-old Republican from Dell Rapids, pleaded not guilty during an initial court appearance on Tuesday.

Prosecutors stated that Pischke mailed 16 applications for precinct committeeman and committeewoman to the Minnehaha County Auditor's Office this spring. Staff from the auditor's office noticed similar handwriting on the applications, which led to an investigation. Applications for these positions must be completed and signed only by the candidate. Following interviews with the individuals listed as candidates, each told sheriff's deputies they had not signed the forms. The applications were subsequently tested for fingerprints and DNA.

Minnehaha County State's Attorney Daniel Haggar stated, "I believe we have a plea deal." However, Ryan Kolbeck, Pischke's lawyer, confirmed that plea deal discussions are ongoing but added that a deal is not yet "imminent."

Each felony count against Pischke carries a maximum penalty of two years in prison. These charges are classified as low-level felonies, which typically come with a rebuttable presumption of probation. Kolbeck requested and was granted a preliminary hearing date from magistrate Judge Andrew Robertson, tentatively scheduled for August.

Pischke declined to comment on the charges. He did not attend the state GOP convention last month; the convention began two days after the charges against him were filed. Pischke serves as a committeeman and is a member of the Minnehaha County GOP board. He has stepped back from his duties with both the state and county parties while the charges are pending.

County precinct committeemen and committeewomen are chosen by voters in primary elections or by county party members between primary seasons. They can cast ballots at the state GOP convention to help select candidates for constitutional offices. There is no law requiring these applications to be notarized, and potential candidates do not need to collect signatures to qualify. Pischke is scheduled to run against independent candidate Bryan Breitling in November; Breitling previously served in the South Dakota State Senate as a Republican.