Senate Bill No. 278
(By Senator Grubb)
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[Introduced March 4, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section eight, article five, chapter
three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article eight of
said chapter by adding thereto a new section, designated
section two-a; to amend and reenact sections five, five-a,
five-b, five-f and seven of said article; to further amend
said article by adding thereto two new sections, designated
sections five-g and eight-a; and to further amend said
chapter by adding thereto a new article, designated article
eight-a, all relating to elections generally; election
campaigns; filing fees; increasing certain filing fees;
providing for reduced filing fees for certain candidates
signing a fair campaign practices statement; providing for
fines for exceeding certain expenditure limitations;
requiring inaugural committees to report receipts and
expenditures; providing for waiver of reporting of financial
activities under five hundred dollars; requiring an
additional financial report; requiring certain minimal
information about contributors of more than one hundred
dollars; requiring candidates for member of the House of
Delegates and the state Senate to file financial statements
with the secretary of state and certain county clerks;
limiting recovery of loaned money; requiring reports by
persons and organizations making independent expenditures;
requiring disclosure statements; providing a penalty for
failing to file or filing grossly inaccurate disclosure
statements; and establishing a volunteer code of fair
campaign practices.
Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that article eight of said
chapter be amended by adding thereto a new section, designated
section two-a; that sections five, five-a, five-b, five-f and
seven of said article be amended and reenacted; that said article
be further amended by adding thereto two new sections, designated
sections five-g and eight-a; and to further amend said chapter by
adding thereto a new article, designated article eight-a, all to
read as follows:
ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.
§3-5-8. Filing fees and their disposition; penalties.
Every person who becomes a candidate for nomination for or
election to office in any primary election, shall, at the time offiling the certificate of announcement as required in this
article, pay a filing fee as follows:
(a) A candidate for president of the United States
and for
vice-president of the United States
for United States Senator,
for member of the United States house of representatives, for
governor and for all other statewide offices shall pay a fee
equivalent to one percent of the annual salary of the office for
which the candidate announces;
(b) A candidate for United States senator, for member of the
United States house of representatives, for governor and for all
other state elective offices shall pay a fee equivalent to three
percent of the annual salary of the office for which the
candidate announces;
In lieu of the requirements of subdivision (b) of this
article, a candidate for United States senator, for member of the
United States house of representatives, for governor and for all
other state elective offices shall pay a fee equivalent to one
percent of the annual salary of the office for which the
candidate announces: Provided, That such candidate signs the
code of fair campaign practices as provided in section three,
article eight-a of this chapter.
(b) (c) A candidate for the office of judge of a circuit
court and judge of any court of record of limited jurisdiction
shall pay a fee equivalent to
one three percent of the total
annual salary of the office paid from any and all sources for
which the candidate announces;
In lieu of the requirements of subdivision (c) of this
section, a candidate for the office of judge of a circuit court
and judge of any court of record of limited jurisdiction shall
pay a fee equivalent to one percent of the total annual salary of
the office paid from any and all sources for which the candidate
announces: Provided, That such candidate signs the code of fair
campaign practices as provided in section three, article eight-a
of this chapter.
(c) (d) A candidate for member of the House of Delegates
shall pay a fee of
thirty-three ninety-nine dollars, and a
candidate for state senator shall pay a fee of
sixty-six one
hundred ninety-four dollars;
In lieu of the requirements of subdivision (d) of this
section, a candidate for member of the House of Delegates shall
pay a fee of thirty-three dollars, and a candidate for state
senator shall pay a fee of sixty-six dollars: Provided, That
such candidate signs the code of fair campaign practices as
provided in section three, article eight-a of this chapter.
(e) A candidate who signs the code of fair campaign
practices as provided in section three, article eight-a of this
chapter and subsequently pays the lower filing fee as provided in
subdivisions (b), (c) and (d) of this section, but who exceeds
the appropriate limits as provided in such statement shall pay a
fine to the appropriate filing officer of three times the amount
by which the candidate exceeds the appropriate expenditure
limits.
(d) (f) A candidate for sheriff, prosecuting attorney,
circuit clerk, county clerk, assessor, member of the county
court
commission and member of the county board of education shall pay
a fee equivalent to one percent of the annual salary of the
office for which the candidate announces:
Provided, That the fee
in no case shall be less than five dollars. A candidate for any
other county office shall pay a fee of five dollars;
(e) (g) A candidate for
justice of the peace magistrate in
districts having a population of five thousand or less shall pay
a fee of ten dollars; in districts having a population of more
than five thousand and not more than twenty-five thousand,
fifteen dollars; and in districts having more than twenty-five
thousand population, each candidate shall pay a fee of twenty-
five dollars;
(f) A candidate for constable in districts having a
population of five thousand or less shall pay a fee of five
dollars; in districts having a population of more than five
thousand and not more than twenty-five thousand, ten dollars; and
in all other districts fifteen dollars;
(g) (h) Delegates to the national convention of any
political party shall pay the following filing fees:
A candidate for delegate-at-large shall pay a fee of twenty
dollars; and a candidate for delegate from a congressional
district shall pay a fee of ten dollars;
(h) (i) Candidates for members of political executive
committees and other political committees shall pay the followingfiling fees:
A candidate for member of a state executive committee of any
political party shall pay a fee of ten dollars; a candidate for
member of a county executive committee of any political party
shall pay a fee of one dollar; and a candidate for member of a
congressional, senatorial or delegate district committee of any
political party shall pay a fee of one dollar.
Candidates filing for an office to be filled by the voters
of one county shall pay the filing fee to the clerk of the
circuit court, and candidates filing for an office to be filled
by the voters of more than one county shall pay the filing fee to
the secretary of state at the time of filing their certificates
of announcement, and no certificate of announcement shall be
received until the filing fee is paid.
All moneys received by such clerk from such fees shall be
credited to the general county fund. Moneys received by the
secretary of state from fees paid by candidates for offices to be
filled by all the voters of the state shall be deposited in a
special fund for that purpose and shall be apportioned and paid
by him to the several counties on the basis of population, and
that received from candidates from a district or judicial circuit
of more than one county shall be apportioned to the counties
comprising the district or judicial circuit in like manner. When
such moneys are received by sheriffs, it shall be credited to the
general county fund.
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-2a. Reporting by inaugural committees.
(a) All inaugural committees shall file and keep records of
receipts and expenditures which it makes in support of
inauguration activities. All such receipts and expenditures are
subject to regulation under the provisions of this article.
Verified financial statements of receipts and expenditures shall
be made and filed as public records in the office of the
secretary of state by all inaugural committees or by their
financial agents, representatives, or any person acting for and
on behalf of any inauguration activities.
For purposes of this section, "inaugural committee" means
one or more persons who receive contributions and make
expenditures in support of inauguration activities for any
candidate elected to any state, county, city or district office.
(b) All inaugural committees shall file verified financial
statements with the secretary of state on forms as prescribed by
the secretary of state not more than thirty days after the
conclusion of the inauguration of an elected official.
§3-8-5. Detailed accounts and verified financial statements
required.
Every candidate, financial agent, person and association of
persons, organization of any kind, including every corporation,
directly or indirectly, 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 said section eight of this articleand also including the treasurer or equivalent officer of such
association or organization; advocating or opposing the
nomination, election or defeat of any candidate, or the passage
or defeat of any issue, thing or item to be voted upon, and the
treasurer of every political party committee shall keep detailed
accounts of every sum of money or other thing of value received
by him, including all loans of money or things of value, and of
all expenditures and disbursements made, liabilities incurred, by
such candidate, financial agent, person, association or
organization or committee, for political purposes, or by any of
the officers or members of such committee, or any person acting
under its authority or on its behalf.
Every person or association of persons required to keep
detailed accounts under this section shall file with the officers
hereinafter prescribed a detailed itemized statement, subscribed
and sworn to before an officer authorized to administer oaths,
according to the following provisions and times:
(a) On the last Saturday in March or within fifteen days
thereafter next preceding the primary election day whenever the
total of all financial transactions relating to an election
exceed five hundred dollars a statement which shall include all
financial transactions which have taken place by the date of that
statement, subsequent to any previous statement filed within the
previous five years under this section, or if no previous
statement was filed, all financial transactions made within the
preceding five years.
and If the total level of financialactivity does not exceed five hundred dollars, a statement of
waiver as prescribed by the secretary of state may be filed in
lieu of the required financial statement; and
(b) Not less than seven nor more than ten days preceding
each primary or other election, a statement which shall include
all financial transactions which have taken place by the date of
such statement, subsequent to the previous statement, if any; and
(c) Not less than twenty-five nor more than thirty days
after each primary or other election, a statement which shall
include all financial transactions which have taken place by the
date of such statement, subsequent to the previous statement; and
(d) On the first Saturday in October or within ten days
thereafter, a statement including all financial transactions
which have taken place by that date and subsequent to the next
previous statement; and
(d) (e) On the first day of July, one thousand nine hundred
eighty-five, and thereafter on the last Saturday in March or
within fifteen days thereafter annually, whenever contributions
or expenditures relating to an election exceed five hundred
dollars or whenever any loans are outstanding, a statement which
shall include all financial transactions which have taken place
by the date of such report, subsequent to any previous report.
Financial transactions shall include 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 ordefeat of any candidate or to promote the passage or defeat of
any issue, thing or item to be voted on.
Every person who shall announce as a write-in candidate for
any elective office and his financial agent or election
organization of any kind shall comply with all of the
requirements of this section after public announcement of such
person's candidacy has been made.
§3-8-5a. Information required in financial statement.
(a) Each financial statement required by the provisions of
this article shall contain the following information:
(1) The first name, middle initial, if any, and last name,
residence and mailing address and telephone number of each
candidate, financial agent, treasurer or person, and the full
name, address and telephone number of each association,
organization or committee filing a financial statement.
(2) The balance of cash and any other sum of money on hand
at the beginning and the end of the period covered by the
financial statement.
(3) The first name, middle initial, if any, and the last
name in the case of an individual, and the full name of each
firm, association or committee, and the amount of such
contribution of such individual, firm, association or committee,
and, if the aggregate of the sum or sums contributed by any one
such individual, firm, association or committee exceeds
two
hundred fifty one hundred dollars there shall also be reported
the residence and mailing address,
the age of the contributor ifthe contributor is under the legal voting age and, in the case of
an individual, the major business
affiliation employer and
occupation
of each contributor, or if the contributor is self-
employed, the name under which he or she is doing business. A
contribution totaling more than fifty dollars by any one
contributor is prohibited unless it is made by money order or by
check, and a violation of this provision is subject to section
five-d of this article. As used herein, the term "check" shall
have the meaning ascribed to that term in section one hundred
four, article three, chapter forty-six of this code.
(4) The total amount of contributions received during the
period covered by the financial statement.
(5) The first name, middle initial, if any, and the last
name, residence and mailing address of any individual or the full
name and mailing address of each firm, association or committee
making or cosigning a loan and the amount of any loan received,
the date and terms of the loan, including interest and repayment
schedule, along with a copy of the loan agreement.
(6) The first name, middle initial, if any, and the last
name, residence and mailing address of any individual or the full
name and mailing address of each firm, association or committee
having previously made or cosigned a loan for which payment is
made or a balance is outstanding at the end of the period,
together with the amount of repayment on the loan made during the
period and the balance at the end of the period.
(7) The total outstanding balance of all loans at the end ofthe period.
(8) The first name, middle initial, if any, and the last
name, residence and mailing address of any individual, or the
full name and mailing address of each firm, association or
committee to whom each expenditure was made or liability
incurred, together with the amount and purpose of each
expenditure or liability incurred and the date of each
transaction.
(9) The total expenditure for the nomination, election or
defeat of a candidate or any person or organization advocating or
opposing the nomination, election or defeat of any candidate, or
the passage or defeat of any issue, thing or item to be voted
upon, in whose behalf an expenditure was made or a contribution
was given for the primary or other election.
(10) The total amount of expenditures made during the period
covered by the financial statement.
(b) Any unexpended balance at the time of making the
financial statements herein provided for shall be properly
accounted for in that financial statement and shall appear as a
balance in the next following financial statement.
(c) Each financial statement required by this section shall
contain a separate section setting forth the following
information for each fund-raising event held during the period
covered by the financial statement:
(1) The type of event, date held, and address and name, if
any, of the place where the event was held.
(2) All of the information required by subdivision (3),
subsection (a) of this section.
(3) The total of all moneys received at the fund-raising
event.
(4) The expenditures incident to the fund-raising event.
(5) The net receipts of the fund-raising event.
(d) When any lump sum payment is made to any advertising
agency or other disbursing person who does not file a report of
detailed accounts and verified financial statements as required
in this section, such lump sum expenditures shall be accounted
for in the same manner as provided for herein.
(e) Any contribution or expenditure made by or on behalf of
a candidate for public office, to any other candidate, or
committee for a candidate for any public office in the same
election shall be accounted for in accordance with the provisions
of this section.
(f) No person, firm, association or committee may make any
contribution except from their own funds, unless such person,
firm, association or committee discloses in writing to the person
required to report under this section the first name, middle
initial, if any, and the last name in the case of an individual,
or the full name in case of a firm, association or committee,
residence and mailing address and the major business affiliation
and occupation of the person, firm, association or committee
which furnished the funds to such contributor. All such
disclosures shall be included in the statement required by thissection.
(g) Any firm, association, committee or fund permitted by
section eight of this article to be a political committee shall
disclose on the financial statement its corporate or other
affiliation.
(h) No contribution may be made, directly or indirectly, in
a fictitious name, anonymously or by one person through an agent,
relative or other person so as to conceal the identity of the
source of the contribution or in any other manner so as to effect
concealment of the contributor's identity.
(i) No person, firm, association or committee may accept any
contribution for the purpose of influencing the nomination,
election or defeat of a candidate or for the passage or defeat of
any issue or thing to be voted upon unless the identity of the
donor and the amount of the contribution is known and reported.
(j) When any candidate, organization, committee or person
receives any anonymous contribution which cannot be returned
because the donor cannot be identified, that contribution shall
be donated to the general revenue fund of the state. Any
anonymous contribution shall be recorded as such on the
candidate's financial statement, but may not be expended for
election expenses. At the time of filing, the financial
statement shall include a statement of distribution of anonymous
contributions, which total amount shall equal the total of all
anonymous contributions received during the period.
(k) Any membership organization which raises funds forpolitical purposes by payroll deduction assessing them as part of
its membership dues or as a separate assessment may report the
amount raised as follows:
(1) If the portion of dues or assessments designated for
political purposes equals twenty-five dollars or less per member
over the course of a calendar year, the total amount raised for
political purposes through membership dues or assessments during
the period is reported by showing the amount required to be paid
by each member and the number of members.
(2) If the total payroll deduction for political purposes of
each participating member equals twenty-five dollars or less over
the course of a calendar or fiscal year, as specified by the
organization, the organization shall report the total amount
received for political purposes through such payroll deductions
during the reporting period, and to the maximum extent possible,
the amount of each yearly payroll deduction contribution level
and the number of members contributing at each such specified
level. The membership organization shall maintain records of the
name and yearly payroll deduction amounts of each participating
member.
(3) If any member contributes to the membership organization
through individual voluntary contributions by means other than
payroll deduction, membership dues, or assessments as provided in
this subsection, the reporting requirements of subdivision (3),
subsection (a) of this section shall apply. Funds raised for
political purposes must be segregated from the funds for otherpurposes and listed in its report.
(l) For purposes of this section:
(1) "Political purposes" means advocating or opposing the
nomination, election or defeat of one or more candidates,
supporting the retirement of the debt of a candidate or
activities of an established political party or an organization
which has declared itself a political party, supporting the
administration or activities of a political committee or
advocating or opposing the passage of a ballot issue.
(2) "Membership organization" means a group that grants bona
fide rights and privileges, such as the right to vote, to elect
officers or directors, and the ability to hold office, to its
members, and which uses a majority of its membership dues for
purposes other than political purposes. This term shall not
include organizations that grant membership upon receiving a
contribution.
(3) "Fund-raising event" means an event such as a dinner,
reception, testimonial, cocktail party, auction or similar affair
through which contributions are solicited or received by such
means as the purchase of a ticket, payment of an attendance fee
or by the purchase of goods or services.
§3-8-5b. Where financial statements shall be filed.
(a) The sworn financial statements provided for in sections
five and five-a shall be filed with the secretary of state by
candidates for state and other offices to be nominated or elected
by the voters of a political division greater than a county, andwith the clerk of the county commission by all other candidates
for offices to be nominated or elected.
Candidates for the House
of Delegates and candidates for the state Senate shall file sworn
financial statements with the secretary of state and with the
clerk of the county commission of the candidate's county of
residence. Political committees shall file sworn financial
statements with the secretary of state and with the clerk of the
county commission in which the committee is headquartered. All
other candidates for public office shall file statements with the
clerk of the county commission in the county in which they seek
office.
§3-8-5f. Loans to candidates, organizations or persons for
election purposes; limitation on recovery of certain loans.
(a) Every candidate, financial agent, person or association
of persons or organization advocating or opposing the nomination
or election of any candidate or the passage or defeat of any
issue or item to be voted upon, who receives money or any other
thing of value as a loan toward election expenses shall execute,
in writing, an agreement with the individual, lending institution
or organization making the loan.
Such The agreement shall state
the date and amount of the loan, the terms, including interest
and repayment schedule, and a description of the collateral, if
any, and the full names and addresses of all parties to the
agreement. A copy of the agreement shall be filed with the
financial statement next required after the loan is executed.
(b)(1) For purposes of this chapter, a loan made to acandidate or a candidate committee is considered a contribution
from the maker and the guarantor of the loan;
(2) The proceeds of a loan made to a candidate which meet
the requirements of this subdivision are not subject to
contribution limits if the loan is:
(A) By a commercial lending institution;
(B) Made in the regular course of business;
(C) Made on the same terms ordinarily available to members
of the public; and
(D) One which is secured or guaranteed.
(c) The following limitations apply to the repayment of
loans made by a candidate or the candidate's immediate family:
(1) A candidate for governor, or a member of the candidate's
immediate family who has made a loan to the candidate's committee
shall not recover more than fifty thousand dollars in the
aggregate for such loans outstanding after the election.
(2) A candidate for nonfederal state-wide elective office
other than governor, or a member of the candidate's immediate
family who has made a loan to the candidate's committee shall not
recover more than twenty-five thousand dollars in the aggregate
for such loans outstanding after the election.
(3) A candidate for office other than those specified above,
or a member of the candidate's immediate family who has made a
loan to the candidate's committee shall not recover more than ten
thousand dollars in the aggregate for such loans outstanding
after the election.
(d) A campaign debt incurred on behalf of a candidate or
candidate committee shall be considered a loan to the candidate
or candidate committee subject to the repayment limitation of
this subsection if the credit was extended based upon the
personal reputation, standing in the community or wealth of the
candidate, of a member of the candidate's immediate family, or of
one or more of the members of the candidate's campaign committee.
The balance of debt shall be the responsibility of any
cosigner of the note. Any outstanding balance of a loan which is
discharged shall be considered a contribution to the candidate.
§3-8-5g. Independent expenditures; reporting.
Every person or organization, making an independent
expenditure to advocate or oppose the nomination, election or
defeat of any candidate, or the passage or defeat of any issue,
thing or item to be voted upon, is required to maintain and file
detailed campaign finance and expenditure reports as provided in
section five of this article. Every person or organization
making an independent expenditure shall include a sworn statement
on a form prepared by the secretary of state that the independent
expenditure was not made with the cooperation or prior consent
of, or in consultation with or at the request or suggestion of,
the candidate or any person or committee acting on behalf of the
candidate, issue, thing or item to be voted upon.
Any advertisement which is an independent expenditure shall
include a clear and conspicuous statement that the advertisement
is not authorized by the candidate, committee or other person andshall state the name and address of the person or organization
making the expenditure.
§3-8-7. Failure to file and grossly inaccurate statements;
penalty.
(a) Each candidate, financial agent or treasurer of a
candidate committee must file a sworn, itemized statement as in
this article provided, within the time required. Such statement
shall not be grossly incomplete or inaccurate.
(b) Any candidate, financial agent or treasurer of a
candidate committee who is in violation of subsection (a) or who
has failed to pay the fines for such violation shall be subject
to the following civil penalties, upon a finding by a proper
court of law pursuant to subsection (c):
(1) For a first time offense, the fee shall be an amount not
less than one hundred dollars nor more than five hundred dollars;
and
(2) For the second and any subsequent offense, an amount not
less than five hundred dollars nor more than one thousand
dollars.
(c) If either the secretary of state or clerk of the county
commission determines that a violation of the provisions of
subsection (a) has occurred, an action to enjoin such candidate
or candidate committee from continuing such violation may be
brought in the circuit court of the candidate's county of
residence, or in the case of a candidate committee, in the
treasurer's county of residence.
(d) If found guilty of violating the provisions of
subsection (a), the fines shall be paid from the personal funds
of the candidate or treasurer of the candidate committee,
whichever person is found guilty of violating the provisions of
subsection (a).
(e) For purposes of this section, "grossly incomplete or
inaccurate" means a statement that is not notarized, or is
improperly notarized, lists contributions or expenditures
improperly, or does not document loans properly.
(f) All fees collected hereunder by the secretary of state
shall be paid to the treasurer of the state and deposited in the
general fund. All fees collected hereunder by the clerk of the
county commission shall be deposited in the county general
revenue fund.
§3-8-8a. Limitation on acceptance of moneys from political
action committees.
(a) A candidate for the offices listed below may not accept
contributions from political action committees in either the
primary or general election in excess of the following:
(1) For governor, not more than forty thousand dollars;
(2) For any other state-wide office, not more than twenty
thousand dollars;
(3) For member of the Senate, not more than ten thousand
dollars; and
(4) For all other offices, not more than five thousand
dollars.
(b) For purposes of this section, "political action
committee" means an organization that comes into existence by
specific written authorization of the board or directors, or
equivalent governing body, of one or more corporation(s) the
purpose of which is to solicit funds for, and make expenditures
and contributions on behalf of, public issues or political
candidates and their agents, political committees or political
party committees.
(c) For purposes of this section, "political action
committee" does not include:
(1) A candidate committee; or
(2) Any local committee of a political party.
ARTICLE 8A. FAIR CAMPAIGN PRACTICES.
§3-8A-1. Intent of Legislature.
The Legislature hereby declares that the purpose of this
article is to give every candidate for public office and every
chairperson or treasurer of a political committee in this state
the opportunity to subscribe voluntarily to the code of fair
campaign practices.
It is the goal and intent of the Legislature that every
candidate and person responsible for the activities of a
political committee in this state follow the basic principles of
decency, honesty and fair play. It is the further intent of the
Legislature that candidates for high office have the opportunity
to voluntarily limit campaign spending to the reasonable specific
amounts contained herein.
The purpose in creating the code of fair campaign practices
is to give voters guidelines in determining fair play and to
encourage candidates and others to discuss issues instead of
untruths or distortions.
§3-8A-2. Definitions.
As used in this article, unless otherwise specified:
(a) "Campaign advertising or communication" means a
communication authorized by a candidate or a candidate's
committee for the purpose of advocating the nomination, election
or defeat of a candidate;
(b) "Candidate for public office" means an individual who
has filed a precandidacy statement according to the provisions of
section five-e, article eight of this chapter, has qualified to
have his or her name listed on the ballot of any election, or who
has declared his or her intention to seek nomination or election
through a petition or write-in procedure for any state, regional,
county, municipal, or district office which is to be filled at an
election;
(c) "Chairperson of a political committee" means the person
appointed to direct the activities of a committee organized for
political purposes, including any candidate's committee,
political party committee, corporate political action committee,
or independent political action committee;
(d) "Code" means the code of fair campaign practices; and
(e) "Treasurer of a political action committee" means the
person designated to act on behalf of a political committee toconduct the financial transactions of the committee.
§3-8A-3. Code of fair campaign practices.
At the time an individual files his or her precandidacy
statement, declaration of candidacy, nominating petition, any
other paper evidencing an intention to be a candidate for public
office, or when an individual files the statement of organization
of a political committee, the circuit clerk, county clerk, or
secretary of state receiving such filing shall give the
individual a copy of the code of fair campaign practices and of
the provisions of this article. The form shall state that
subscription to the code is voluntary.
The text of the code shall read as follows:
CODE OF FAIR CAMPAIGN PRACTICES
I SHALL CONDUCT this campaign openly and publicly,
discussing the issues as I see them, presenting positions and
policies with sincerity and frankness, and criticizing without
fear or favor the record and policies of candidates or political
parties which merit such criticism.
I SHALL NOT USE OR PERMIT the use of character defamation,
whispering campaigns, libel, slander, or scurrilous attacks on
any candidate or his or her personal or family life.
I SHALL CONDEMN the use of campaign advertising or
communication of any sort which misrepresents, distorts, or
otherwise falsifies the facts regarding any candidate or issue
raised in my campaign.
I SHALL NOT USE OR PERMIT any appeal to negative prejudicebased on race, sex, religion, national origin, physical handicap,
physical health status or age.
I SHALL NOT USE OR PERMIT any dishonest or unethical
practice which tends to corrupt or undermine our American system
of free elections, or which hampers or prevents the full and free
expression of the will of the voters including acts intended to
hinder or prevent any eligible person from registering to vote,
or from voting, or which is intended to affect voting through the
buying of influence or votes.
I SHALL NOT COERCE election help or campaign contributions
for myself or my committee or for any other candidate or any
ballot issue from my employees or from any person under my
authority, influence or control.
I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support on behalf
of or in opposition to any candidacy deriving from any individual
or group which resorts to the methods and tactics which I
condemn. I shall accept responsibility to take firm action
against any subordinate or associate who violates any provision
of this code or the laws governing elections.
I PERSONALLY SUPPORT a limit on campaign expenditures that
when reasonable, sufficient and fairly applied, does not limit or
restrict the expression of ideas of the candidate or others on
behalf of the candidate, but instead challenges individuals to
engage in open dialogue on the issues rather than merely to
purchase the excessive repetition of images and slogans.
ACCORDINGLY, IF I AM A CANDIDATE for one of the officeslisted below, I will, in conjunction with the committee or
committees organized on my behalf, adhere to the following limit
on campaign spending specified for the office I seek:
PRIMARY GENERAL
U.S. Senate$1,000,000$1,000,000
U.S. House of Representatives$ 333,333$ 333,333
Governor$1,000,000$1,000,000
Constitutional Officers$ 100,000$ 100,000
Supreme Court of Appeals$ 125,000$ 125,000
State Senate$ 25,000$ 25,000
House of Delegates$ 12,500$ 12,500
Circuit Judge$ 40,000$ 40,000
Expenditures which do not exceed the limits designated for
the primary election may not be added to the limits for the
general election.
I SHALL DEFEND AND UPHOLD the right of every qualified voter
to full and equal participation in the electoral process.
AS A PUBLIC OFFICIAL, I PLEDGE to conduct my official duties
in the public interest of all people without discrimination
against any person, faction or group. Furthermore, as a public
official I pledge not to utilize my office personnel or equipment
on behalf of any ballot issue or candidate.
I, the undersigned, a candidate for election to public
office in the State of West Virginia, or the chairperson of a
political committee supporting one or more candidates for
election, hereby voluntarily endorse, subscribe to, and solemnlypledge myself to conduct this campaign in accordance with the
above principles and practices.
Date Signature
Candidate for/Committee Name Address and City
§3-8A-4. Forms.
The secretary of state shall prepare forms containing the
code and shall supply the forms to the circuit clerks, county
clerks and municipal clerks or recorders in quantities and at
times requested by the clerks.
§3-8A-5. Retention of forms; public inspection.
The appropriate officer shall accept, at all times prior to
the election, all completed forms. The appropriate officer means
the secretary of state for candidates or political committees
supporting candidates for office within the state or a district
larger than a county, the circuit clerk or county clerk for
candidates or political committees supporting candidates for
office within a single county, and the municipal recorder or
clerk for offices in a municipality.
Forms filed with the circuit clerk shall be immediately
forwarded to the county clerk. The county clerk, secretary of
state, and municipal recorder or clerk shall retain such forms
filed with them for public inspection until one hundred eighty
days after the general election.
§3-8A-6. Voluntary subscription to the code.
The subscription to the code provided for in this article is
voluntary and in no event shall any person be required to
subscribe to or endorse the code.
NOTE: The purpose of this bill is to raise filing fees for
candidates for election to office. The bill also lowers filing
fees for candidates who adhere to expenditure limits. The bill
also requires inaugural committees to report expenditures and
contributions and adhere to contribution limits. The bill
increases the number of reporting periods for filing of financial
statements relating to an election, and provides exceptions for
filing. The bill lowers from $250 to $100 the amount contributed
which requires reporting of the residence and mailing address
and, in the case of an individual, the major employer and
occupation of the contributor in financial statements filed in
relation to an election. The bill also requires reporting the
age of a contributor if the contributor is below the legal voting
age, and, if the contributor is self-employed, the name under
which he or she is doing business. The bill limits the amount of
loaned money that a candidate or a certain entity may recover
from a campaign after an election. The bill requires people or
organizations making independent expenditures during an election
to file a sworn statement that the expenditure is not made in
cooperation with, at the request of, or in consultation with a
candidate or an organization acting on behalf of a candidate,
issue, thing or item to be voted on in an election. This bill
requires that political advertisements paid for by independent
expenditures include a disclosure statement identifying the
source of the funds used to pay for the advertisement. This bill
also sets forth fines for candidates to public office who fail to
file or who file grossly inaccurate campaign financial
statements. This bill limits the amount of contributions a
candidate may accept from political action committees. The bill
also establishes the code of fair campaign practices, and
requires that it be circulated by the secretary of state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Sections two-a, five-g, eight-a, and article eight-a are
new; therefore, strike-throughs and underscoring have been
omitted.
Section seven has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.