About My Opponent

Based on various documents obtained from the state of Colorado and South Dakota, indicating that Senator-elect Red Dawn Sally Foster does not meet the minimum 2-year eligibility requirement to be a legislator per South Dakota Constitution Article 3 § 3 and has defrauded donors under false pretenses in violation of South Dakota Codified Law (SDCL) § 12-27-34.

South Dakota Constitution Article 3 § 3 states:

 

"No person is eligible for the office of representative who is not a qualified elector in the district from which such person is chosen, and a citizen of the United States, and who has not been a resident of the state for two years next preceding election, and who has not attained the age of twenty-one years." (Emphasis ours)

(http://sdlegislature.gov/Statutes/Constitution/DisplayStatute.aspx?Type=Statute&Statute=0N-3-3)

 

On March 31, 2015, Red Dawn Sally Foster filed Articles of Organization with the Colorado Secretary of State for her business “Sweet Grass Business Solutions, LLC,” listing her principal office at: 3838 N Franklin Street, Denver, CO 80205. (See Sweet Grass Business Solutions, LLC – CO Articles of Organization.pdf)

Currently, Sweet Grass Business Solutions, LLC is in delinquent status for failure to file her annual business report to the Colorado Secretary of State. 

March 10, 2016, Red Dawn Sally Foster registered to vote in South Dakota, listing her previous address as: 3838 N. Franklin Street, Denver, CO 80205. (See Red Dawn Sally Foster – SD Voter Records.pdf)

 

Then on May 16, 2016, Red Dawn Foster and Kimberly Killer filed a Statement of Organization with the South Dakota Secretary of State to form the candidate committee: Red Dawn Foster, State Representative District 27. (See 2016 SD SoS Statement of Organization.pdf) 

 

Notably, Foster was not a legal or eligible candidate in 2016 based on the evidence provided, nor is she now as further evidence will show.
 

As of December 29, 2018, the Adams County Assessor has issued property tax notices to Red Dawn Sally Foster to her address of record at: 9295 Adams Street, Thorton, CO 80229. (See 2018 AdamsCountyPropertyTaxNotice.pdf)
Similarly, according to the Denver County Assessor’s records for Red Dawn Sally Foster’s property located at 3838 N. Franklin Street, Denver, CO 80205, shows her address of record at: 9295 Adams Street, Thorton, CO 80229. (See 2018 DenverCountyAssessor.pdf)

 

Then on June 1, 2017, according to the South Dakota Unified Judicial System, Red Dawn Sally Foster paid a fine for a speeding ticket and failure to pay that fine in Fall River County, SD for $99, showing her address of record at: 916 Mariposa Street, Denver, CO 80204. (FOSTER, SALLY – SD UJS.pdf)

South Dakota Secretary of State Shantel Krebs, on March 26, 2018, certified receiving candidate petitions for Red Dawn Sally Foster for the position of District 27 Senate. (See Red Dawn Foster – 2018 Petitions.pdf)

On May 24, 2018 at 6:26 PM, Kimberly Killer filed a Pre-Primary Campaign Finance Disclosure Report for the campaign committee, “Red Dawn Foster, State Representative District 27,” reporting her as seeking the position of District 27 SD House of Representatives. (See 2018 SD SoS Pre-Primary Report – Red Dawn Sally Foster.pdf) The Pre-General Campaign Finance Disclosure Report filed on October 23, 2018 at 4:40 PM by Kimberly Killer under the same campaign committee and reporting Red Dawn Sally Foster to be seeking the position of District 27 Representative.(See 2018 SD SoS Pre-General Report – Red Dawn Sally Foster.pdf)

 

Both reports show donations were accepted under the committee name “Red Dawn Foster, State Representative District 27”, and under the pretense that she was again actively seeking the District 27 Representative position as reported. 

Additionally, according to the sworn affidavit of former Senator Jim Bradford of District 27, on or about June 18, 2018, Paul Valango indicated to Senator Bradford that Red Dawn Foster was trying to establish residency in South Dakota after the primary election and had approached him about leasing a rental property of his. However, Valongo informed Bradford that she had rejected his offer and informed him she had obtained a rental property in Mission, SD at that time. And shortly after, former Senator Bradford tried to report such issues to the SD Secretary of State on or about July 12, of 2018 but was told by Monae Johnson of the SD Office of the Secretary of State that: “There’s nothing wrong about that.” Former Senator Bradford was told that there was nothing he could do about the issue, and was rejected any form of due process or ability to have his grievance heard. (See Sworn Affidavit of former Senator Jim Bradford (4JAN19).pdf)

Shortly after, on or about August 5, 2018, Democratic Native American candidate, Margaret Ross, was told that Peri Pourier was not a resident of South Dakota by a relative of Peri’s. Shortly there after on or about August 15, 2018, Ross spoke directly with Red Dawn Foster and Kevin Killer, wherein that conversation it was confirmed that: A) Peri Pourier was not living in District 27, B) Red Dawn herself, self-admitted, was not living in District 27. Red Dawn indicated during this conversation that she was hoping to sell property in Rapid City in order to finance the purchase of a home or modular dwelling to move into District 27 on Pine Ridge. (See Sworn Affidavit of Maggie Ross (4JAN19).pdf)

 

According to South Dakota Codified Law (SDCL) § 12-27-34 entitled, “Intentionally false or misleading statements prohibited – Felony,” it states:
 

“Any person who intentionally makes any false, fraudulent, or misleading statement or entry in any statement of organization, campaign finance disclosure statement, other statement, or amendment filed pursuant to this chapter is guilty of a Class 5 felony.”

(http://sdlegislature.gov/statutes/Codified_laws/DisplayStatute.aspx?Statute=12-27-34&Type=Statute)

 

Finally, as reported by the Colorado Secretary of State’s website, attached are Red Dawn Sally Foster’s “Active” Colorado voter registration information as recorded.