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Engrossed Version House Bill 3175 History

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Key: Green = existing Code. Red = new code to be enacted


ENGROSSED

H. B. 3175


(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Amores, Mahan,

Coleman, Craig and C. White)

[Introduced March 30, 2001; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact section twelve, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to contributions to state party legislative caucus committees.

Be it enacted by the Legislature of West Virginia:
That section twelve, article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, 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) No person shall may publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter, circular, placard, or other publication expressly advocating the election or defeat of a clearly identified candidate.
(b) No owner, publisher, editor or employee of a newspaper or other periodical shall may 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.
(c) No person shall may, in any room or building occupied for the discharge of official duties by any officer or employee of the state or a political subdivision thereof of the state, solicit orally or by written communication delivered therein 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 thereof of the state. No officer, agent, clerk or employee of the federal government, or of this state, or any political subdivision thereof of the state, who may have charge or control of any building, office or room, occupied for any official purpose, shall may knowingly permit any person to enter the same any building, office or room, occupied for any official purpose for the purpose of therein 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 thereof of the state.
(d) Except as provided in section eight of this article, no person entering into any contract with the state or its subdivisions, or any department or agency thereof 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 thereof of the state, if payment for the performance of such the contract or payment for such the material, supplies, equipment, land or building is to be made, in whole or in part, from public funds shall may, during the period of negotiation for or performance under such 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 shall may any person or firm solicit any contributions for any such purpose during any such period.
(e) No person shall may, 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) No person shall may, directly or indirectly, make any contribution in excess of the value of one thousand dollars in connection with any campaign for nomination or election to or on behalf of any statewide or national elective office, or in excess of the value of one thousand dollars, 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 committee or other organization or person engaged in furthering, advancing or advocating the nomination or election of any candidate for any of such office the offices.
(g)(1) Notwithstanding the provisions of subsection (f) of this section to the contrary, the aggregate contributions made to a state party executive committee or state party legislative caucus committee shall are to be permitted only pursuant to the limitations imposed by the provisions of this subsection.
(2) No person shall may, 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 one thousand dollars in any calendar year.
(h) 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 herein by this subsection shall may not exceed fifty thousand dollars in the aggregate in any calendar year to any such state party executive committee or state party legislative caucus political committee: Provided, however, That such the moneys transferred shall may only be used for voter registration and get-out-the-vote activities of the state committees.
(i) No person shall may solicit any contribution from any nonelective salaried employee of the state government or of any of its subdivisions or coerce or intimidate any such nonelective salaried employee into making such a contribution. No person shall may 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 hereof of this subsection shall may not be construed to prevent any such employee from making such a contribution or from engaging in political activity voluntarily, without coercion, intimidation or solicitation.
(j) No person shall may solicit a contribution from any other person without informing such the other person at the time of such 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 such the contribution being successfully collected. Nothing in this subsection shall may be construed to apply to solicitations of contributions made by any person serving as an unpaid volunteer.
(k) No person shall may 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 such 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.
(l) Any person violating any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or confined in a regional or county jail for not more than one year, or, in the discretion of the court, be subject to both such fine and confinement.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


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