A 6-year-old gave $1,000 to Paul TenHaken — and it's legal

Supporting Paul TenHaken as Sioux Falls’ next mayor is a family affair for DocuTap founder Eric McDonald, so much so that his five children are all listed as campaign donors.

The children, ranging from ages 6 to 15, each contributed the maximum yearly contribution of $1,000. McDonald, who created the medical software company in downtown Sioux Falls in 2000, also gave the maximum amount.

Those contributions don’t break any laws, city officials said, but they do point to the way savvy supporters can lend a little extra help to political candidates, especially if the kids are on board.

"They're technically not signers on the account, but there (were) six separate checks with a memo with their name on it to keep it clear," McDonald said.

TenHaken will face Jolene Loetscher in a runoff mayoral election on May 1.

More: Restructuring mayor's office, raising spending limits for police chief part of Paul TenHaken's 100-day strategy

While McDonald wrote the checks that TenHaken received on behalf of his children, it was their choice to give them, he said in a phone conversation with the Argus Leader. He said his children, though young, are engaged in city politics and have an active interest what happens with City Hall.

"Paul came and talked to the kids and said thanks for donating, so it was very much a talking point," McDonald said.

McDonald added that another $1,000 contribution to TenHaken was made through his personal holding company, ABG, LLC.

TenHaken says the donations are on the up-and-up and were well-intended gestures from a longtime friend and his children.

"Unless campaign finance laws changed, I haven't done anything wrong or unethical," TenHaken said Wednesday when asked about the contributions, adding that he checked with the City Clerk's Office before accepting them.

To his point, city and state campaign finance laws cap contributions at $1,000, do not prohibit contributions from minors of any age, and are silent when it comes to age of consent for giving gifts to political candidates.

"There's no age restriction," City Clerk Tom Greco said.

Though there's nothing barring writing checks on behalf of their children to fund political campaigns in South Dakota, 19 others states do prohibit or restrict minor donations, according to the National Conference of State Legislatures.

Loetscher said her campaign hasn't accepted contributions from minors and has had a disclaimer on her website stating as much since September 2017.

"From the day we launched our campaign, we've always asked that our donors be at least 18 years old," she said in an email Thursday.

Jon Schaff, a political science professor at Northern State University, said contribution limits are intended to limit the influence a single individual can have on candidates and elections. But when someone is politically savvy and invested in a candidate, they'll almost always find a way around those limits.

"For better or worse, that’s the idea," he said. "So when people are using children, there's a possibility that people are avoiding the intention of the law – even if it's not technically illegal."