ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2869
(By Delegates Fleischauer, Staggers, Susman,
Caputo, Ferro, Michael, Brown, Hunt,
Miley, Barker and Moore)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §3-8-5 and §3-8-7 of the Code of West
Virginia, 1931, as amended, all relating to lengthening the
time frame for the filing of final post-primary and
post-general campaign financial statements.
Be it enacted by the Legislature of West Virginia:
That §3-8-5 and §3-8-7 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5. Detailed accounts and verified financial statements
required.
(a) Every candidate, treasurer, person and association of
persons, organization of any kind, including every corporation,
directly, or by an independent expenditure, supporting a political
committee established pursuant to paragraph (C), subdivision (1),
subsection (b), section eight of this article or engaging in other
activities permitted by this section and also including the
treasurer or equivalent officer of the association or organization,
expressly advocating the election or defeat of a clearly identified candidate for state, district, county or municipal office, and the
treasurer of every political committee shall keep detailed accounts
of every sum of money or other thing of value received by him or
her, including all loans of money or things of value and of all
expenditures and disbursements made, liabilities incurred, by the
candidate, financial agent, person, association or organization or
committee, for political purposes, or by any of the officers or
members of the committee, or any person acting under its authority
or on its behalf.
(b) Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized sworn statement:
(1) Of all financial transactions, whenever the total exceeds
$500, which have taken place before the last Saturday in March, to
be filed within six days thereafter and annually whenever the total
of all financial transactions relating to an election exceeds $500;
(2) Of all financial transactions which have taken place
before the fifteenth day preceding each primary or other election
and subsequent to the previous statement, if any, to be filed
within four business days after the fifteenth day;
(3) Of all financial transactions which have taken place
before the thirteenth day after each primary or other election and
subsequent to the previous statement, if any, to be filed within
twenty business days after the thirteenth day; and
(4) Of all financial transactions, whenever the total exceeds
$500 or whenever any loans are outstanding, which have taken place
before the forty-third day preceding the general election day, to be filed within four business days after the forty-third day.
(c) Every person who announces as a write-in candidate for any
elective office and his or her financial agent or election
organization of any kind shall comply with all of the requirements
of this section after public announcement of the person's candidacy
has been made.
(d) For purposes of this section, the term "financial
transactions" includes all contributions or loans received and all
repayments of loans or expenditures made to promote the candidacy
of any person by any candidate or any organization advocating or
opposing the nomination, election or defeat of any candidate to be
voted on.
(e) Candidates for the office of conservation district
supervisor elected pursuant to the provisions of article
twenty-one-a, chapter nineteen of this code are required to file
only the reports required by subdivisions (2) and (3), subsection
(b) of this section immediately prior to and after the primary
election: Provided, That during the election in the year 2008, the
statements required by this subsection shall be filed immediately
prior to and after the general election.
§3-8-7. Failure to file statement; delinquent or incomplete
filing; criminal and civil penalties.
(a) Any person, candidate, financial agent or treasurer of a
political party committee who fails to file a sworn, itemized
statement required by this article within the time limitations
specified in this article or who willfully files a grossly
incomplete or grossly inaccurate statement shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less
than $500 or confined in jail for not more than one year, or both,
in the discretion of the court. Sixty days after any primary or
other election, the Secretary of State, or county clerk, or
municipal recorder, as the case may be, shall give notice of any
failure to file a sworn statement or the filing of any grossly
incomplete or grossly inaccurate statement by any person,
candidate, financial agent or treasurer of a political party
committee and forward copies of any grossly incomplete or grossly
inaccurate statement to the prosecuting attorney of the county
where the person, candidate, financial agent, or treasurer resides,
is located or has its principal place of business.
(b) (1) Any person, candidate, financial agent or treasurer of
a political party committee who fails to file a sworn, itemized
statement as required in this article or who files a grossly
incomplete or grossly inaccurate statement may be assessed a civil
penalty by the Secretary of State of $25 a day for each day after
the due date the statement is delinquent, grossly incomplete or
grossly inaccurate. Sixty days after any primary or other
election, the county clerk shall give notice to the Secretary of
State of any failure to file a sworn statement or the filing of any
grossly incomplete or grossly inaccurate statement by any person,
candidate, financial agent or treasurer of a political party
committee and forward copies of such delinquent, incomplete or
inaccurate statements to the Secretary of State.
(2) A civil penalty assessed pursuant to this section shall be
payable to the State of West Virginia and is collectable as authorized by law for the collection of debts.
(3) The Secretary of State may negotiate and enter into
settlement agreements for the payment of civil penalties assessed
as a result of the filing of a delinquent, grossly incomplete or
inaccurate statement.
(4) The Secretary of State and county clerk may review and
audit any sworn statement required to be filed pursuant to this
article. The State Election Commission shall propose legislative
rules for promulgation, in accordance with chapter twenty-nine-a of
this code, to establish procedures for the assessment of civil
penalties as provided in this section.
(c) No candidate nominated at a primary election who has
failed to file a sworn statement, as required by this article,
shall have his or her name placed on the official ballot for the
ensuing election, unless there has been filed by or on behalf of
such candidate, or by his or her financial agent, if any, the
financial statement relating to nominations required by this
article. It is unlawful to issue a commission or certificate of
election, or to administer the oath of office, to any person
elected to any public office who has failed to file a sworn
statement as required by this article and no person may enter upon
the duties of his or her office until he or she has filed such
statement, nor may he or she receive any salary or emolument for
any period prior to the filing of such statement.
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