Introduced Version
House Bill 2447 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2447
(By Delegate Hunt)
[Introduced February 14, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §3-8-12 of the Code of West Virginia,
1931, as amended, relating to the regulation and control of
elections; and requiring that advertising must identify
candidates' party affiliation.
Be it enacted by the Legislature of West Virginia:
That §3-8-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-12. Additional acts forbidden; circulation of written matter;
newspaper advertising; solicitation of contributions;
intimidation and coercion of employees; promise of
employment or other benefits; limitations on
contributions; public contractors; penalty.
(a) A person may not publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter, circular,
placard, radio or television advertisement or other publication
supporting or aiding the election or defeat of a clearly identified
candidate.
(b) An owner, publisher, editor or employee of a newspaper or
other periodical may not insert, either in its advertising or
reading columns, any matter, paid for or to be paid for, which
tends to influence the voting at any election, unless directly
designating it as a paid advertisement and stating the name of the
person authorizing its publication, and the candidate in whose
behalf it is published and the candidate's party affiliation or
that he or she is an independent if no party affiliation.
(c) A person may not, in any room or building occupied for the
discharge of official duties by any officer or employee of the
state or a political subdivision of the state, solicit orally or by
written communication delivered within the room or building, or in
any other manner, any contribution of money or other thing of value
for any party or political purpose, from any postmaster or any
other officer or employee of the federal government, or officer or
employee of the state, or a political subdivision of the state. An
officer, agent, clerk or employee of the federal government, or of
this state, or any political subdivision of the state, who may have
charge or control of any building, office or room, occupied for any
official purpose, may not knowingly permit any person to enter any building, office or room, occupied for any official purpose for the
purpose of soliciting or receiving any political assessments from,
or delivering or giving written solicitations for, or any notice
of, any political assessments to, any officer or employee of the
state, or a political subdivision of the state.
(d) Except as provided in section eight of this article, a
person entering into any contract with the state or its
subdivisions, or any department or agency of the state, either for
rendition of personal services or furnishing any material, supplies
or equipment or selling any land or building to the state, or its
subdivisions, or any department or agency of the state, if payment
for the performance of the contract or payment for the material,
supplies, equipment, land or building is to be made, in whole or in
part, from public funds may not, during the period of negotiation
for or performance under the contract or furnishing of materials,
supplies, equipment, land or buildings, directly or indirectly,
make any contribution to any political party, committee or
candidate for public office or to any person for political purposes
or use; nor may any person or firm solicit any contributions for
any purpose during any period.
(e) A person may not, directly or indirectly, promise any
employment, position, work, compensation or other benefit provided
for, or made possible, in whole or in part, by act of the
Legislature, to any person as consideration, favor or reward for any political activity for the support of or opposition to any
candidate, or any political party in any election.
(f) Except as provided in section eight of this article, a
person may not, directly or indirectly, make any contribution in
excess of the value of $1,000 in connection with any campaign for
nomination or election to or on behalf of any statewide office, in
connection with any other campaign for nomination or election to or
on behalf of any other elective office in the state or any of its
subdivisions, or in connection with or on behalf of any person
engaged in furthering, advancing, supporting or aiding the
nomination or election of any candidate for any of the offices.
(g) A political organization (as defined in Section 527(e)(1)
of the Internal Revenue Code of 1986) may not solicit or accept
contributions until it has notified the Secretary of State of its
existence and of the purposes for which it was formed. During the
two-year election cycle, a political organization (as defined in
Section 527 (e) (1) of the Internal Revenue Code of 1986) may not
accept contributions totaling more than $1,000 from any one person
prior to the primary election and contributions totaling more than
$1,000 from any one person after the primary and before the general
election.
(h) It is unlawful for any person to create, establish or
organize more than one political organization (as defined in
Section 527(e)(1) of the Internal Revenue Code of 1986) with the intent to avoid or evade the contribution limitations contained in
subsection (g) of this section.
(i) Notwithstanding the provisions of subsection (f) of this
section to the contrary, a person may not, directly or indirectly,
make contributions to a state party executive committee or state
party legislative caucus committee which, in the aggregate, exceed
the value of $1,000 in any calendar year.
(j) The limitations on contributions contained in this section
do not apply to transfers between and among a state party executive
committee or a state party's legislative caucus political committee
from national committees of the same political party: Provided,
That transfers permitted by this subsection may not exceed $50,000
in the aggregate in any calendar year to any state party executive
committee or state party legislative caucus political committee:
Provided, however, That the moneys transferred may only be used for
voter registration and get-out-the-vote activities of the state
committees.
(k) A person may not solicit any contribution, other than
contributions to a campaign for or against a county or local
government ballot issue, from any nonelective salaried employee of
the state government or of any of its subdivisions: Provided, That
in no event may any person acting in a supervisory role solicit a
person who is a subordinate employee for any contribution. A
person may not coerce or intimidate any nonelective salaried employee into making a contribution. A person may not coerce or
intimidate any nonsalaried employee of the state government or any
of its subdivisions into engaging in any form of political
activity. The provisions of this subsection may not be construed
to prevent any employee from making a contribution or from engaging
in political activity voluntarily without coercion, intimidation or
solicitation.
(l) A person may not solicit a contribution from any other
person without informing the other person at the time of the
solicitation of the amount of any commission, remuneration or other
compensation that the solicitor or any other person will receive or
expect to receive as a direct result of the contribution being
successfully collected. Nothing in this subsection may be
construed to apply to solicitations of contributions made by any
person serving as an unpaid volunteer.
(m) A person may not place any letter, circular, flyer,
advertisement, election paraphernalia, solicitation material or
other printed or published item tending to influence voting at any
election in a roadside receptacle unless it is: (1) Approved for
placement into a roadside receptacle by the business or entity
owning the receptacle; and (2) contains a written acknowledgment of
the approval. This subdivision does not apply to any printed
material contained in a newspaper or periodical published or
distributed by the owner of the receptacle. The term "roadside receptacle" means any container placed by a newspaper or periodical
business or entity to facilitate home or personal delivery of a
designated newspaper or periodical to its customers.
(n) Any person violating any provision of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $1,000, or confined in jail for not more than
one year, or, both fined and confined.
(o) The provisions of subsection (k) of this section,
permitting contributions to a campaign for or against a county or
local government ballot issue shall become operable on and after
January 1, 2005.
(p) The limitations on contributions established by subsection
(g) of this section do not apply to contributions made for the
purpose of supporting or opposing a ballot issue, including a
constitutional amendment.
(q) A person may not publish, issue, circulate or place, or
cause to be published, issued, circulated or placed, any political
signs or advertisements, including billboards, supporting or aiding
the election of a clearly identified candidate for a West Virginia
political office unless the candidate's party affiliation is
disclosed, or that he or she is an independent if no party
affiliation.
NOTE: The purpose of this bill is to require all political signs, billboards, etc., must identify the candidate's party
affiliation or that he or she is an independent if no party
affiliation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.