John Hult/South Dakota Searchlight
SIOUX FALLS – A plea deal is in the works for a Republican state senator from Dell Rapids facing felony charges related to attempted election fraud.
Tom Pischke, 44, was charged with two felony counts for allegedly filing documents to get candidates for county party positions on the June 2 primary ballot without those candidates’ knowledge. He pleaded not guilty during an initial appearance Tuesday. Each count carries up to two years in prison.
The senator was in the courtroom with his lawyer, Ryan Kolbeck, who requested and was granted a preliminary hearing date for Pischke from magistrate Judge Andrew Robertson.
Defendants charged with felonies in South Dakota are entitled to preliminary hearings upon request, at which prosecutors must present enough evidence to justify the pursuit of charges.
The case may not reach such a hearing, tentatively scheduled for August, if a plea deal is reached.
“I believe we have a plea deal” for Pischke, said Minnehaha County State’s Attorney Daniel Haggar. He did not elaborate.
After the hearing, Kolbeck confirmed that plea deal discussions are ongoing but said a deal is not yet “imminent.” Pischke declined to comment.
The charges against Pischke are felonies, but low-level felonies that carry a rebuttable presumption of probation.
Prosecutors say this spring, Pischke filled out and mailed 16 applications for precinct committeeman and committeewoman to the Minnehaha County Auditor’s Office for inclusion on the June 2 primary ballot without the candidates’ knowledge.
Applications to run for precinct committeeman or committeewoman are meant to be filled out and signed only by the candidate, but there’s no law requiring the forms to be notarized, and potential candidates needn’t collect signatures to qualify.
County precinct committeemen and committeewomen are chosen by voters during primary elections or by members of county parties between primary seasons. Those who hold the positions can cast ballots at the state GOP convention to help choose candidates for constitutional offices like secretary of state or auditor.
Auditor Leah Anderson’s staff spurred the investigation that ultimately led to Pischke when they noticed suspiciously similar handwriting on the applications, according to a detective’s report in Pischke’s case file. The applications were tested for fingerprints and DNA after interviews with the listed candidates, each of whom told sheriff’s deputies they hadn’t signed the forms.
Pischke serves as a committeeman for the Minnehaha County GOP and is a member of the county organization’s board.
Pischke did not attend last month’s state GOP convention, however, which began two days after the charges against him were filed. He’s also stepped back from his duties with the state and county party as the charges are pending, party leaders said the week he was indicted.
Pischke is set to run against an independent named Bryan Breitling in November. Breitling had previously served in the state Senate as a Republican.