If a person disseminates a facsimile of a ballot as part of campaign material requiring disclosure or statement pursuant to chapter 12-27, the facsimile must be identical to the sample ballot posted by a county auditor, as required by § 12-16-16. For the purposes of this section, the term "campaign material" means any literature or publication that is disseminated for the purposes of influencing a voter to vote for or against a particular ballot question or candidate for public office at a primary or other election. The term does not include a news item or an editorial comment published by the news media. A violation of this section is a Class 2 misdemeanor.